Using Human Rights Law to Fight a CAS Decision

Most Countries have ratified in legislation, UN human rights conventions, such as:

• UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
• UN Convention on the Rights of Persons with Disabilities (UNCRPD)
• International Convention on the Elimination of All Forms of Racial Discrimination
• UN Convention on the Rights of the Child

Previous cases in the courts that have relied upon human rights law have been unsuccessful. This situation has now changed with Stephanie Coady v Yachting Victoria Inc FCCA 20195 (more details).

Stephanie was disqualified for sailing in a Men's event (Olympic 49er class) with her father Paul in violation of "Olympic Gender requirements". This was despite women previously competing in the event since its inception in 2000. Her entry was deleted without a protest hearing. After being deleted, Yachting Victoria organised a protest hearing and gross misconduct hearing for sailing in the regatta as a female helm.

In Australia the CEDAW is ratified in the Sex Discrimination Act 1984 (SDA). Stephanie brought her case to the Federal Circuit Court of Australia (FCCA).

Yachting Victoria applied to have the case summarily dismissed but were unsuccessful.

The case was eventually heard by the FCCA and dismissed.

Months later the Coady's became aware that the Chief Judge of the FCCA, William Alstergren, intervened in the case. Alstergren held the position of Vice President of the Victorian Olympic Council (VOC) while the case was before the court. He attended the VOC annual event and socialised with a key witness in the case. He also discussed the case with Stephanie's expert witness prior to the hearing.

Yachting Victoria is a member of the VOC. The VOC is a division the Australian Olympic Committee (AOC). Matt Carroll is the CEO of the AOC. Matt Carroll was previously the CEO of Australian Sailing when the dispute with the Coady's started in 2014.

Yachting Victoria also relied heavily on an alleged complaint, by a race official against Paul, of verbal abuse and swearing. The race official was never identified. The Coady's have recently identified and contacted the race official who has denied lodging any complaint.

Based on the new information, that raises serious concerns of judicial impartiality and credibility of witnesses, Stephanie has started the appeal process in the Federal Court of Australia.