Michael Freiberg & Kieran Murphy v AusCycling

The case involves a dispute between Michael Freiberg and Kieran Murphy, the Applicants, and AusCycling, the Respondent, over the funding allocation under the Australian Institute of Sport (AIS) program. The dispute was referred to the National Sports Tribunal (NST) for determination under an arbitration agreement dated 22 November 2024. The NST was granted jurisdiction over this matter in accordance with section 23(1)(b)(ii) of the National Sports Tribunal Act 2019 (Cth). The Applicants filed their application with the NST on 27 September 2024, and after a Preliminary Conference on 30 October 2024, the Tribunal proceeded to determine the matter based on written submissions and documentary evidence.

The legal issues before the NST included whether AusCycling had complied with the Australian Sports Commission's (ASC) direct Athlete Income Support (dAIS) Guidelines and the standards set for funding allocation. The Applicants argued that AusCycling had misapplied the dAIS funding criteria in their nomination and funding decisions. The Respondent, AusCycling, contended that the guidelines were properly applied and that the funding decisions were fair and reasonable. The NST was required to interpret and apply the dAIS ASC Guidelines to the facts of the case, assess the validity of the funding decisions, and determine whether AusCycling had acted within the scope of its authority.

The NST Member reviewed the written submissions and documentary evidence provided by both parties and found that AusCycling had indeed misapplied the dAIS funding criteria in its decisions. The Member concluded that AusCycling had not adhered to the mandatory criteria outlined in the dAIS ASC Guidelines, particularly in relation to the performance criteria and the assessment of athletes for dAIS support. The NST Member found that AusCycling had failed to consider all relevant factors and had not applied the criteria consistently. Consequently, the NST ruled in favour of the Applicants, declaring that AusCycling's funding decisions were improper and not in line with the dAIS ASC Guidelines.

The NST issued orders mandating AusCycling to review and reassess the funding allocation decisions for the Applicants, Michael Freiberg and Kieran Murphy, in accordance with the correct application of the dAIS ASC Guidelines. AusCycling was required to provide written confirmation of the revised funding decisions within a specified timeframe and to ensure that future decisions comply with the dAIS ASC Guidelines. The Tribunal's determination also included a direction for AusCycling to pay the Applicants’ costs associated with the arbitration.