Stephen Dank did some things, not others, says AFL Tribunal
In this most partisan of cases, sometimes it is all in the headline. And so it proved late on Friday, 17 April 2015, after the AFL…
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…
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…
James Hird v ASADA Appeal, Report Day 2
When Court adjourned after Day 1 of James Hird’s appeal, ASADA’s legal team had likely decided a rethink was in order. Earlier that day, ASADA’s Senior…
An ASADA settlement: Business as usual or ‘not on’?
All stakeholders are presently denying the prospect of a settlement between the Australian Sports Anti-Doping Authority (ASADA) and affected players of Essendon Football Club’s supplements saga.…
How to navigate twists & turns of Essendon v ASADA saga
As we follow the tortuous twists and turns of the litigation brought by Essendon Football Club and James Hird against the Australian Sports Anti Doping Authority…
Some answers but more questions: James Hird’s affidavit in Essendon v ASADA litigation
As discussed previously, cross-examination only provides half the picture. Cross-examination enables the evidence relied on by a witness to be tested. In civil cases, that evidence…
The Law Weighs In: Closing Submissions in Essendon v ASADA trial
Closing submissions are the last opportunity for the parties to persuade the judge that their case should prevail. The stakes have risen, the veneer of gentility…
Is it time to move on from a WADA Code which is ‘one size fits all’?
The World Anti-Doping Agency (WADA) Code has had plenty of recent press in Australia courtesy of its role, albeit indirect, in the Essendon supplements saga. Yet…
Essendon v ASADA: The rule of law and role of legal fairness
At the heart of claims by Essendon Football Club and James Hird against the Australian Sports Anti-Doping Authority (ASADA) is a perceived lack of procedural fairness.…
The Social Litigator 