AFL wins contract access
06/08/2009 3:25 PM
The AFL has won the right to scrutinise a number of sensitive commercial agreements entered into by Stadium Operations Limited (SOL) - the operators of Etihad Stadium - but on strict conditions.
Victorian Supreme Court Chief Justice Marilyn Warren ordered SOL to hand over the relevant documents to the AFL on a confidential basis with the proviso that SOL is entitled to black out sections of the agreements which are commercially sensitive.
The league commenced legal action earlier this year to gain access to a range of SOL's private agreements as part of its campaign to secure improved stadium deals for its clubs.
The AFL action alleged the stadium had breached its user agreement by signing Eithad Airlines - a competitor to the AFL's major sponsor Qantas - as a naming rights sponsor without the league's permission, and by providing A-League club the Melbourne Victory with a stadium deal superior to the deals offered to its AFL tenant clubs.
In June the AFL was granted access in the Victorian Supreme Court to the Etihad agreement and to catering contracts relating to pouring and supply rights at the stadium.
This latest judgement affirms SOL's right to keep dollar figures and formulas in those agreements confidential.
Responding to Thursday's judgement, SOL chief executive Ian Collins said he was genuinely sympathetic to the financial situation of the Victorian-based AFL clubs.
"We have been a good and responsive partner for the AFL and its clubs and have recognised that the circumstances of the competition will change over the life of a long-term contract in ways that might merit review from time to time," said Collins.
"We have demonstrated that we are willing to agree to variations and support clubs where the AFL offers a reasonable exchange of value."
"The stadium owners would certainly be willing to offer increased value to the AFL and the clubs if the user agreement was extended for 10 years as is proposed for the MCG."