Australian Rugby Football League v NSW Rugby League

The Australian Rugby Football League (ARFL) sought an interlocutory injunction against the NSW Rugby League (NSWRL) to restrain the latter from taking certain actions concerning the proposed formation of a new national competition. The dispute centred on the ARFL's claim that the NSWRL's actions, including the purported expulsion of clubs from the NSWRL and the invitation to those clubs to join a new competition, were in breach of agreements between the parties. The matter came before Gummow J in chambers.

The primary legal issue before the court was whether the ARFL had established a sufficient likelihood of success on the merits of its claim to warrant the grant of an interlocutory injunction. This involved determining whether the NSWRL's conduct constituted a breach of the existing agreements between the two bodies, particularly in relation to the establishment and governance of a national rugby league competition. The court also had to consider the balance of convenience between the parties.

Gummow J considered the contractual framework governing the relationship between the ARFL and the NSWRL. His Honour found that the ARFL had demonstrated a strong prima facie case that the NSWRL's actions were likely to be in breach of the agreements. The court applied the principles governing the grant of interlocutory injunctions, requiring the applicant to show a serious question to be tried and that the balance of convenience favoured the grant of the injunction. The judge concluded that the ARFL had met this threshold.

The court ordered that the NSWRL be restrained from taking any further steps in relation to the formation of a new national competition, including the expulsion of clubs from the NSWRL and the invitation of those clubs to join such a competition, pending the final determination of the proceedings.