Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited

The High Court of Australia considered an appeal by Mr. Tapp against the Australian Bushmen's Campdraft & Rodeo Association Limited (ABRA). Mr. Tapp had been disqualified from participating in campdrafting events organised by ABRA. The dispute concerned the validity of ABRA's rules and the process by which Mr. Tapp's disqualification was effected.

The central legal issues before the High Court were whether ABRA's rules, which permitted disqualification without affording the participant an opportunity to be heard, were valid and enforceable, and whether the disqualification of Mr. Tapp was lawful. Specifically, the Court had to determine if the rules were contrary to the rules of natural justice, and if so, whether they could still operate to disqualify a member.

The High Court held that the rules of natural justice, specifically the right to a fair hearing, are impliedly incorporated into the rules of any sporting association like ABRA, unless expressly excluded. The Court found that ABRA's rules did not expressly exclude this right. Consequently, the rule permitting disqualification without a hearing was invalid. As Mr. Tapp was disqualified without being given an opportunity to present his case, the disqualification was unlawful.

The High Court allowed the appeal, setting aside the decision of the lower court. The Court declared that the disqualification of Mr. Tapp was invalid and of no effect.