No Oppo Supporters CAS hands down guilty verdict - Players appealing - Dank shot - no opposition - (cont in pt.2)

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And yet I've spoken to lawyers who would say Young is better regarded than Howe.

Different strokes, I guess.

tom howe qc
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TOM HOWE QC - Chief Counsel Dispute Resolution, Australian Government Solicitor

In representing the Commonwealth for over 25 years Tom has established a reputation as an outstanding advocate and adviser. He has extensive experience in representing the Commonwealth and its agencies in many fields of Commonwealth and public law before a wide range of courts and tribunals, including the High Court and Federal Court. He was appointed to the Commonwealth Queen’s Counsel in early 2007 in recognition of his extraordinary contribution to Australian law and the Australian Government.
 
It's like that isn't it most people are over it and just want a result it's only the hardcore foamers that want players rubbed out.

It's not just that. I don't want the players to get rubbed out, but if they do, at this point I'll probably just shrug my shoulders. Because all it will mean is years and years of more appeals / hearings.

I just don't care any more. Over it.
 

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tom howe qc
tom%20howe.jpg
TOM HOWE QC - Chief Counsel Dispute Resolution, Australian Government Solicitor

In representing the Commonwealth for over 25 years Tom has established a reputation as an outstanding advocate and adviser. He has extensive experience in representing the Commonwealth and its agencies in many fields of Commonwealth and public law before a wide range of courts and tribunals, including the High Court and Federal Court. He was appointed to the Commonwealth Queen’s Counsel in early 2007 in recognition of his extraordinary contribution to Australian law and the Australian Government.

Your point being?

I'm sure he's outstanding in his own right. Some are of the opinion that Young is even more outstanding. You're not.
 
He'd have to get special leave to appeal - the application could happen next week if the court decided. If denied, it would take like 30 mins. Literally. Counsel have 15 mins to make submissions and when the red light goes on in the lecturn they have to stop after finishing their sentence. And if the bench don't think the would be appellant has made a good case, they won't even bother hearing a reply. It's pretty brutal!
Reading around the few that have begun to dissect it, there isn't much room to move with any appeal, with the contract between the AFL and players deemed legal (not contested) it is a very very strong position for ASADA unless you bring the validity of the contract into question (maybe a mistake on Hirds lawyers part there)

Some tend to this it is a bit of a uncomfortable decision, but hard to really argue against it on any real strong legal grounds. It would be the kinda of judgement that would leave a lot of 'normal' people a little perplexed, but it is well within the law as it stands
 
And yet I've spoken to lawyers who would say Young is better regarded than Howe.

Different strokes, I guess.
The proof of the pudding will be if Young gets the players off. We agree that questioning if TB4 is actually banned in an unusual tact. It implies guilt. As does fighting the legality of the case.

Galbally believes that getting the players off is a soda. How much would it cost to get him to review the players final submission? It would probably piss off Young, but this case is too important to lose.

And for all intents and purposes, the players are 100% innocent and could be branded cheats and suspended simply because of not matching Howe legally.
 
The proof of the pudding will be if Young gets the players off. We agree that questioning if TB4 is actually banned in an unusual tact. It implies guilt. As does fighting the legality of the case.

Galbally believes that getting the players off is a soda. How much would it cost to get him to review the players final submission? It would probably piss off Young, but this case is too important to lose.

And for all intents and purposes, the players are 100% innocent and could be branded cheats and suspended simply because of not matching Howe legally.
Young isn't representing players.
 
And who did the risk analysis of self reporting? This was a major decision.

FWIW, Cronulla was specifically told not to self report by their legal representatives.

No point crying over spilt milk. Just pointing out that the world is not as beautiful place as some people on this forum seem to believe. And maybe our advice and representation is simply not good enough.

EFC has given us so much pleasure over so many years.

We have got a poor record in this case and I believe we need some serious improving. Comments on here suggest that things are in great hands.

David Evans defied advice to the contrary demanding the club self report...
 
And yet I've spoken to lawyers who would say Young is better regarded than Howe.

Different strokes, I guess.
Tom Howe QC, for ASADA, said Mr Young's application was very weak, but acknowledged it was desirable for the matter to proceed to trial without any further developments. He argued that an injunction would undermine the statutory authority of ASADA's chief executive, Ben McDevitt.
 

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Lets get the legals correct:

James Hird represented by Ashurst (Steven Amendola) with Hanks as QC

EFC represented by Maurice Blackburn Lawyers and Neil Young QC. The club have no presence at afl tribunal.

32 players represented by Tony Hargreaves with David Grace QC.

2 players represented by Rob Stary lawyer firm - one of his understudies representing.
 
I believe Tanya would have had a big say on James' selection and perhaps even the EFCs selection.

Why have NSW legal got a better record.... simply because they have more experience in this type of case in both Sydney and Canberra (a couple of hours drive down the road). Not because they are any smarter.

And if you were going to pick a lawyer to contest the case who are you up against? Howe QC ....... he is the master who lives and breathe this type of case.

Players need an equal or better, whatever it takes.... sorry... bad slogun.....
Where did you get your stats from?
 
Tom Howe QC, for ASADA, said Mr Young's application was very weak, but acknowledged it was desirable for the matter to proceed to trial without any further developments. He argued that an injunction would undermine the statutory authority of ASADA's chief executive, Ben McDevitt.
What was Howe going to say it was strong?

It's his job to discredit anything. ANy lawyer would have made the same thing
 
Tom Howe QC, for ASADA, said Mr Young's application was very weak, but acknowledged it was desirable for the matter to proceed to trial without any further developments. He argued that an injunction would undermine the statutory authority of ASADA's chief executive, Ben McDevitt.

I wouldn't expect an opposing counsel to state their opponent had a strong case!
 
What was Howe going to say it was strong?

It's his job to discredit anything. ANy lawyer would have made the same argument
He would usually not say the opposing case is VERY WEAK..... he would mention deficiencies.

Anyway, not worth arguing. Your opinion is different to mine. I respect your opinion.

Let's see how good you boys are!
 
When you state one group has a better record than another, it's not unreasonable to expect that there are statistics to back that up, and that is what kelvin is asking for.
 
When you state one group has a better record than another, it's not unreasonable to expect that there are statistics to back that up, and that is what kelvin is asking for.
This is feedback from lawyers at legal companies that operate nationally and have top lawyers in both states.

There is a guy Reality Rules who supports Fremantle and has been removed for trolling a couple of times that has a genuine interest in this case.
He is also hoping that the players get off. And he basically says the way that it really is, but people on here don't like to hear what he has to say.
He has stats... (I believe 97% win ratio) and claims that they always employ NSW lawyers for this type of case on WA.

There is another guy FabulousPhil who also has some useful information that also sent me email and has been removed from this site.

Seems like there are lots of old school buddies all patting themselves on the back in here and think things are going well and all I am seeing is one catastrophe after the next.
 
Or perhaps they should have employed you Yaco. You sit back and override all other statements made by anyone.

Bottom line is do you believe that EFC and the players could have done anything better. Could they have learned and improved along the way.

The bottom line is that you joined BF in Jan 2015, and have continually criticised decisions made by the club/players and AFLPA. I trust the legal professionals employed by the club. I have previously posted criticisms of the club, but I don't CATEGORICALLY state that I have the answers.
 
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