AUSTRALIA Trends and Developments Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex
Kalus Kenny Intelex Level 1, 4 Riverside Quay Southbank Vic 3006 Australia
Tel: +61 3 8825 4800 Fax: +61 3 9826 9909 Email: sburchartz@kkilawyers.com.au Web: www.kkilawyers.com.au
The past year has marked many developments in the realm of Australian sport. The industry continues to navigate a complex array of legal regulations regard - ing emerging technologies, player welfare, public scrutiny and the commercialisation of public image and likeness. Fresh controversy was sparked by the use of wear - able fitness trackers at the 2026 Australian Open, evoking concerns about inconsistent governance and ramifications for commercial arrangements. New, world-leading age restrictions on social media use for Australians under the age of 16 have resulted in undesirable consequences for child athletes, associ - ated organisations and sponsors. Rugby Australia has also embarked on a partnership with an AI-powered protection service that quarantines harmful comments across all levels of the sport. In the age of AI, where impersonation is as simple as a click of a button, athletes must be as careful as ever in protecting their image, name and likeness, while sports organisations remain wary of existing adver - tising codes to maintain the integrity of broadcasts. Additional highlights include greater scrutiny with respect to the use of dynamic and inconsistent ticket pricing, as well as increased reliance on technological advancements in officiating scoring outcomes. And finally, concussion-related injuries continue to plague player welfare, with potential solutions emerging in new technologies. Evolving Technology: Wearable Trackers The 2026 Australian Open shed a spotlight on the rela - tionship between wearable fitness trackers (known as
“wearables”) and professional sports. A controversy emerged when big names such as Carlos Alcaraz, Ary - na Sabalenka and Jannik Sinner were told to remove their WHOOP devices at various stages of the Grand Slam. Following these events, the WHOOP company distributed undergarments specially designed to con - ceal their devices during play. These undergarments were delivered directly to players mid-tournament. The WHOOP company produces screenless, wear - able sensors designed to track biometric data and motion during training, competition and recovery. All data is stored locally on the device and periodically synced via Bluetooth with a connected mobile app. The device itself has no interface and offers minimal interaction capacity. WHOOP devices can measure various biometric data, including: • heart rate; WHOOP devices became an international phenom - enon following Cristiano Ronaldo’s endorsement, who posted his biometric data during the Euro 2024 foot - ball tournament. WHOOP has also recently entered into a partnership with the Brisbane Lions Australian Football League (“AFL”) Club as an official supply partner to the women’s program, as of August 2025. The Lions noted that use of WHOOP data is particu - larly beneficial to performance staff in: • fine-tuning recovery; • managing training loads; and • sleep stages; • performance; • recovery; • skin temperature; and • blood pressure.
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