Independent Public Statement
As the Supreme Court of New South Wales prepares to deliver judgment at 9.45am on Wednesday in the proceedings between the Australian Turf Club and Racing NSW, I place my position on the public record with unequivocal clarity, unflinching resolve, and uncompromising legal force.
I express my unreserved and unequivocal support for the Australian Turf Club, its Board of Directors, a hybrid board of appointed and elected members, and the rigorous, principled reporting of Vicky Leonard in The Thoroughbred Report. Her article accurately identifies the legal, governance, and statutory questions at stake and provides an indispensable framework for public understanding of this dispute.
This litigation is not a mere administrative matter. It is a test of statutory construction, the lawful limits of regulatory authority, and the preservation of governance integrity in member governed organisations. The question before the Court is precise and critical: may a regulator, under the guise of statutory power, assume control of a member governed entity absent express legislative authorisation? The answer is emphatically negative.
The Australian Turf Club is a legally independent entity. It is not a subsidiary, it is not a puppet, and it is not subject to operational domination by a regulator. Its Board is entrusted by law and constitution with full responsibility for racing operations, commercial strategy, assets, and corporate governance.
The assertion by Racing NSW that it may exercise such comprehensive authority is legally unsustainable. It constitutes an impermissible encroachment upon corporate governance, an attempted subversion of member rights, and a challenge to the rule of law. Acceptance of such an argument would erode the autonomy of every member governed club in New South Wales, substituting regulator discretion for constitutionally mandated accountability. Such a course is not oversight; it is unlawful usurpation.
The ATC Boardโs decision to seek judicial determination was both necessary and entirely appropriate. When statutory powers are invoked in a manner that threatens to displace a boards lawful authority, the Court is the sole arbiter of their legality and scope. Any failure to adjudicate these questions would fundamentally undermine governance, destabilise the racing industry, and compromise the rule of law.
The Court is called upon to delineate boundaries that Racing NSW has brazenly sought to erase. Boundaries that protect elected and appointed directors from unlawful interference. Boundaries that preserve member governance and ensure accountability to members, not to a regulator wielding unchecked and expansive discretion.
Let the record show: regulatory power is not absolute. Governance rights are not negotiable. The ATC Boards defence of both, accurately and meticulously reported by Vicky Leonard, exemplifies leadership, legal courage, and fidelity to statutory and constitutional principle. It demands recognition from all participants in the industry.
On Wednesday morning, the Court will deliver judgment. Regardless of the outcome, the ATC Board will have fulfilled its highest duty. It will have stood resolutely against unlawful overreach. It will have demanded statutory powers be exercised strictly within the limits prescribed by Parliament. It will have defended the sovereignty of member governance with unwavering resolve.
The law is unequivocal. The Board is correct. The ATC Board has acted not merely in defence of its own mandate, but in defence of principle, in defence of law, and in defence of every member governed club in New South Wales. The principles at stake are foundational. They are the pillars upon which the integrity of racing in this State rests. Let there be no misunderstanding: the ATC Board will not yield.