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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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