The harsh reality of selection disputes: lessons learned from the Sebastian Temesi case of the Commonwealth Games

Wednesday, October 19, 2022 By Paul Horvath, Jackie Chan

Representing their country at a major international event is what many athletes dream of when they decide to take up the sport as an elite (international) athlete. When an athlete is not selected after years of hard work, especially for major competitions such as the Olympics, Commonwealth Games or World Championships, the athlete inevitably feels a lot of heartbreak and disappointment. Thus, some athletes may choose to appeal a sports body’s decision not to select them for the event.

Earlier this year, we worked on a case before the National Sports Tribunal of Australia (NST) where Australian judoka, Sebastian Temesi, competed in Judo Australia (JA) decision not to nominate him for selection at the 2022 Commonwealth Games in Birmingham.

We represented an interested party, fellow judoka James Bensted, who faced being deselected from the Australian judo squad in favor of Temesi if he was successful in his appeal. This article provides a summary of the NST’s decision on Temesi’s appeal, which ultimately failed.

The decision is available here.

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Hits 89 Posted in Athlete Wellness | Dispute Resolution | items | olympic | Regulation & Governance

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Written by

Paul Horvat

Paul Horvat

Paul is the Director of SportsLawyer, Melbourne. He has been practicing law for over 18 years, in criminal law, commercial law and sports law. In 2008, Paul obtained his Master of Laws (LLM), with a specialization in sports law.

Jackie Chan

Jackie Chan

Jackie was admitted as a barrister in Victoria in October 2019. He is a PH Solicitor/SportsLawyer graduate in 2020. He holds a Bachelor of Arts and Bachelor of Laws (Honours) from Monash University .