Russell Bentley v Toowoomba Motorcycling Club (with Motorcycling Australia)

The Respondent is Toowoomba Motorcycling Club (TMCC), a club affiliated with Motorcycling Queensland. The dispute was referred to the National Sports Tribunal (NST) by the National Sporting Organisation (NSO) following the termination of the Applicant’s life membership, a decision with which he was aggrieved.

The Applicant was a Life Member of TMCC who had previously served in various roles, including President and Treasurer. He is currently the Chair of Motorcycling Queensland.

The Applicant claimed that his dispute related to harassment, discrimination and disciplinary matters. He submitted that the decision to terminate his life membership was unjustified and sought the following relief:

1. Re-instatement of life membership.

2. A formal apology

3. The Executive Committee to stand down and for present members to be not eligible for re-election.

4. TMCC to reimburse him, Motorcycle Queensland and Motorcycling Australia for costs incurred.

The Respondent raised concerns regarding the NST’s jurisdiction, the form of the complaint, and the validity of the dispute. At a Pre-Hearing Conference, the NST Member confirmed that the NST had jurisdiction to arbitrate the matter. No further objections were raised by either party and the matter was determined on the papers.

Having considered the parties submissions, applying the relevant procedural framework and having regard to the circumstances surrounding and leading to the termination, the NST Member found that the decision of the TMCC Executive Committee, as ratified at the general meeting, should be set aside.