Update in the AFR:
A major backer of the Illawarra Hawks has rejected claims it is trying to take the National Basketball League away from its billionaire owner but says the club has faced repeated threats to its licence over its push for greater financial transparency in the sport.
A long-running dispute over the way Australia's basketball league is governed was thrust into the spotlight last Friday when a letter from Illawarra Hawks owner Jared Novelly proposing a $9 million takeover of the NBL by its clubs was made public.
Former newspaper executive Terry Egger, vice-chairman of Novelly’s private firm Crest Sport and Entertainment, which owns the Hawks, said the bid was about finding a way to create a better business model. It was sent after the seven NBL clubs with no financial links to league owner Larry Kestelman unanimously voted in January to advocate for change.
"All we really want is that transparency," Egger told AFR Weekend. “In many of the codes in other countries or other states, particularly the US, each team has some say in the governance, so that you all have a little bit of control over your future.”
Australia’s NBL has had a long history of financial problems - the competition has lost more than 20 teams since it was formed in the late 1970s. Since 2015, it has been privately owned and run by Dodo co-founder Kestelman, who has injected more than $70 million into the competition and has held equity in several teams in that time, including Melbourne United and the Tasmanian JackJumpers. He has announced plans to sell his equity in both clubs.
The league currently has 10 competing clubs owned by a range of rich businessmen, former basketball players, and fans. These include US National Basketball Association stars Luc Longley and Andrew Bogut, Telsa chairwoman Robyn Denholm and even tennis star Nick Kyrgios, who has a small stake in the South East Melbourne Phoenix.
The Brisbane Bullets are co-owned by the US investors behind Major League Soccer team DC United.
Novelly, who will soon become the US ambassador for New Zealand and Samoa, bought the Hawks in 2020 and almost immediately began advocating for changes to the way the league was run.
He is the son of former Apex Oil owner Paul Novelly, who died last month, and will not be able to run the club when he is formally appointed a US ambassador by US President Donald Trump.
Some of the changes sought included an attempt to put together a team charter and a proposal for the creation of an independent representative for club owners, according to people familiar with Novelly’s thinking who requested anonymity due to the sensitivity of the situation.
Egger, who ran media organisations in the US for three decades, said the takeover proposal emerged from concerns about the disclosure of financial reports, the distribution of money to clubs, how much each team pays for a licence, and the money provided to related parties of the NBL owned by Kestelman.
“The threat of taking our licence away is there constantly,” he said. “I have never seen a structure where an individual owns the league but also owns teams within the league and also then controls the governance of the league and the officiating.”
Kestelman’s arrival marked the first time clubs received any sort of distribution from the league. Under the licence agreements, 24.5 per cent of the league’s profit is distributed between its teams. That figure was $1.5 million in the 2024 financial year as the NBL recorded a $6.1 million profit, according to the KPMG report.
Egger says that even with this distribution most teams lose money because of the amount required to pay for players, venues, and coaches.
“We give credit to Larry for the risk he took early. We think the product overall is good,” Egger added. “But the fundamental issues of governance, structure, financial disclosures, revenue, share equality, are things that have to change for this to be sustainable.
“The most frustrating thing is the lack of transparency.”
An NBL spokesman said: “Any suggestion that the NBL has made threats to Crest Sports to remove its licence is simply untrue.”
At the heart of the NBL dispute is a report put together by KPMG, which was initially asked for by Novelly and then funded by several clubs. The scope of the inquiry was determined by the NBL.
The report was not an audit or a forensic review of accounts and did not find any significant issues related to the eight topics investigated in the inquiry.
It found some variances and inconsistencies in how the NBL distributed profits and put forward a series of recommendations related to improving internal processes and transparency around payments and related party transactions. The NBL is privately working on ways to improve its internal processes.
Novelly’s letter to clubs came a year after he announced Crest had invested $40 million in the NBL’s regional basketball rival, the East Asian Super League.
NBL insiders previously told AFR Weekend Novelly wanted to either take control of the NBL or break it up and bring clubs from Australia into the Asia-Pacific league.
“We’re not that smart, and it wouldn’t happen,” Egger said on the latter point. “Jared has zero interest in a hostile takeover or running a league. This is about how we get to a point where each of the teams has an equal voice.”
Novelly is preparing to file a case against the NBL in court, claiming it has not been transparent in its dealings with clubs. He will also make claims to Basketball Australia and FIBA, the international basketball governing body.
The NBL has meanwhile sent a grievance letter to the Illawarra Hawks, marking the beginning of a formal process that could end with its licence being stripped.
The independent clubs, who were on a joint call with KPMG on Thursday, did not discuss Novelly’s proposal. There are no firm plans about what the structure might look like or who else may invest in the league if that proposal falls apart.
Kestelman told AFR Weekend: “We have spoken to every club. He has zero support for his proposal.”
https://www.afr.com/companies/sport/how-the-billionaire-fight-of-the-nbl-unravelled-20250327-p5ln3k