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21 Flinders L.J. 295 (2019-2020)
Change the Rules: Reform of the Economic Torts in Australia

handle is hein.journals/flinlj21 and id is 305 raw text is: CHANGE THE RULES: REFORM OF THE ECONOMIC TORTS IN AUSTRALIA ANTHONY GRAYT I INTRODUCTION The status of the economic torts in Australian law has not featured in recent academic writing, and has not been the subject of much judicial consideration. This article intends to bridge this gap. It was prompted by a controversy involving a sporting star. Rugby Australia terminated the contract of star player Israel Folau due to his social media activity. One issue that has been raised is whether sponsors may be liable to the player for one of the economic torts, such as inducing breach of contract and/or interference with trade or business.' While the former tort has been well accepted in Australian tort law, there remains real uncertainty about the latter. More broadly, some of the literature in this area has raised a broader question of the relation among the so-called economic torts.2 They have grown in a somewhat haphazard way, and there is substantial overlap between them.3 Thus, the current dispute might provide the catalyst to ask two questions. Firstly, whether Australian law does and should recognise a tort of interference with trade or business of some kind. It will be necessary to articulate and defend a precise description of this tort, if it is to be accepted in Australian law. Secondly, if such Professor Anthony Gray, School of Law and Justice, University of Southern Queensland. Thanks to the anonymous referees for helpful comments on an earlier draft. 1 Janet Albrechtsen, 'Sponsors a New Law Front for Israel Folau', The Australian (Australia, 1 July 2019). 2 Hazel Carty, 'The Modern Functions of the Economic Torts: Reviewing the English, Canadian, Australian and New Zealand Positions' (2015) 74(2) Cambridge Law Journal 261 ('The Modern Functions of the Economic Torts'). Rosalie Balkin and Jim Davis, Law of Torts (LexisNexis, 5th ed, 2013) 597.

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