Is attack the best form of defence? James Hird’s loss against Chubb suggests ‘yes’ and ‘no’
Lawyers often get sued. One cannot possibly imagine why. To help protect against this risk, we take out insurance. We understand this to mean that if…
ASADA said ‘links in a chain’; WADA said ‘strands in a cable’: Which was right?
What does ASADA’s failed prosecution of the 34 Essendon Players and the famous Lindy Chamberlain case have in common? Both decisions apparently applied the principle that…
Meet the arbitrators and learn why they were chosen: The CAS panel for WADA’s appeal in Essendon saga
Arbitration is sometimes referred to as the ultimate in forum shopping. This is because the parties get to choose their own arbitrators. Once this happens, the…
Might a Swiss Court tell WADA it was wrong to go straight to CAS?
The Australian Football League (AFL) is the highest-level professional competition in the sport of Australian Rules Football. As the name suggests, the competition is Australian. Essendon…
Essendon supplements saga: Is it up, up and away to Switzerland?
Now there’s a lot more things to football That really meets the eye There are days when you could give it up There are days when…
How would YOU approach a WADA appeal to the Court of Arbitration for Sport?
If you thought Fifty Shades of Grey flew off the shelves quickly, wait until you see The Code of the Court of Arbitration for Sport: Commentary,…
A question of proof: might an ASADA appeal have legs?
On 31 March 2015 the AFL Anti-Doping Tribunal unanimously decided it was not comfortably satisfied that 34 Essendon Football Club players had committed an Anti-Doping Rule…
Calculating costs: James Hird & ASADA litigation
A penny for your thoughts? Well, if those thoughts are an estimate of James Hird’s legal costs in the ASADA litigation, expect those pennies to vary…
8 reasons why James Hird lost his Federal Court Appeal
On 30 January 2015, in a joint judgment of Kenny, Besanko and White JJ, the Full Federal Court dismissed James Hird’s appeal. Mr Hird had appealed…
ASADA’s subpoena application no ‘lay down misere’ in Supreme Court
It must have been a bruising task appearing before Justice Croft in the Supreme Court of Victoria about whether the AFL Tribunal hearing concerning anti-doping rule violations…
The Social Litigator 