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  1. Miguel Sanchez

    34 Essendon players to not play in NAB CUP

    If Essendon pull out, their first two NAB Challenge games can be rejigged fairly easily: - GWS vs Gold Coast at Blacktown on Sat 7 March is cancelled (Suns play in Townsville on 1 March so they can have a rest) - GWS instead play St Kilda in Morwell in lieu of Essendon - Gold Coast replace...
  2. Miguel Sanchez

    Federal Court Justice Susan Kenny will hear Hird's bid for an expedited appeal at 10.15am THURS

    OK, those appeal grounds are just complete bullshit*. They can basically be summarised as: 1. Every one of the Judge's findings was wrong. 2. He didn't identify which section of the Act justified ASADA's actions. 3. He should have made the findings we told him to make. Only para 2 would...
  3. Miguel Sanchez

    Federal Court Justice Susan Kenny will hear Hird's bid for an expedited appeal at 10.15am THURS

    Brilliant, cheers.
  4. Miguel Sanchez

    Federal Court Justice Susan Kenny will hear Hird's bid for an expedited appeal at 10.15am THURS

    Are the actual grounds of appeal online anywhere? Would make interesting reading.
  5. Miguel Sanchez

    Mega Thread JUDGMENT -Essendon/Hird v ASADA Trial: Investigation legal (club/ASADA/AFL/AFLPA/WADA statements)

    The players are well ahead of them on that front. The fans will still be able to continue to go about their business for the next two years and won't have to worry about any effects on their health down the track.
  6. Miguel Sanchez

    Mega Thread JUDGMENT -Essendon/Hird v ASADA Trial: Investigation legal (club/ASADA/AFL/AFLPA/WADA statements)

    You stopped just before the relevant paras where he says he would not have granted the relief sought, on the grounds of inevitable outcome and utility.
  7. Miguel Sanchez

    Mega Thread JUDGMENT -Essendon/Hird v ASADA Trial: Investigation legal (club/ASADA/AFL/AFLPA/WADA statements)

    Why would they add something they're not required to add?
  8. Miguel Sanchez

    Mega Thread Essendon/Hird v ASADA Trial - The Verdict, Today 1.30pm (stream link in OP)

    ASADA granted an open-ended extension to the players to respond. They'll probably give notice today that the period will expire in 28 days.
  9. Miguel Sanchez

    Mega Thread Essendon/Hird v ASADA Trial - The Verdict, Today 1.30pm (stream link in OP)

    "In cases of high media interest, we endeavour to publish judgments within 1 hour of being delivered by the Court." Will go grab lunch, looking forward to reading the full judgment.
  10. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    Well that first bit's certainly true. Who knows what will happen between now and August. But there's no reason the three-day final hearing will be cancelled simply because the players haven't been added. The judge, while going through the question of whether they should be involved, indicated...
  11. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    I thought it was a trial, but call it a hearing or whatever. It will proceed because it's been listed, and it's not contingent on whether or not the players are joined. That was just one of several issues discussed at the hearing today, after the trial dates had already been set down.
  12. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    Judges tend to do that as a matter of course.
  13. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    Essendon have a commercial interest because the bulk of the 34 players already issued with notices, and the bulk of the people who might be issued with notices in the future, are their employees and they will suffer a detriment if suspensions are handed out. As for Hird, if ASADA had cleared...
  14. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    No, the trial will proceed in August either way.
  15. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    The court case was not brought on their behalf. Essendon and Hird brought it on their own behalf (behalves?) Nevertheless, the outcome will have an effect on the players so there is an issue as to whether they need to be added and given an opportunity to respond and make submissions. The...
  16. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    If Essendon's case fails, the absolute earliest he would have to provide his response to the notices would be 27 August. ASADA need to then consider that response, determine whether they are satisfied a breach has occurred and refer the matter to the ADRVP who need to meet and consider it etc...
  17. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    To my mind there's no uncertainty. The players have made quite clear their position is that they do not want to be involved in it. If they're compelled to become involved by Middleton J or by an application by one of the existing parties, there's no way that should be able to be used against...
  18. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    No, because if the players were actually in a position to give ASADA enough evidence to clear their name then we wouldn't be in this position. If Monfries was to break ranks and either provide his response to the SC Notice, or admit guilt and throw himself on their mercy, all he'd be doing...
  19. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    Who knows what extra evidence the players who wait until after the August trial will be able to come up with? This is all a moot point in any event, as I highly doubt any player is going to put in a response to the SC notice while there's a possibility, albeit not a good one in my view, that...
  20. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    Why would they be doomed? At this stage they've got an open-ended extension to respond to the SC notices. At some point, assuming Essendon's action is unsuccessful, there'll be a deadline imposed on that by ASADA. Provided they meet that deadline, why would it matter that Monfries or any...
  21. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    Essendon are looking after their own interests as well and it's not necessarily just the 34 players who will have findings entered against them if the investigation is ultimately held to be lawful. There are others who may end up on the hook as well, including Hird.
  22. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    True, but in this case either Essendon are going to be found to have commenced an unsuccessful application necessitating ASADA to incur costs responding, or ASADA are going to be found to have acted beyond their powers, necessitating Essendon to incur costs in getting it knocked out. Either...
  23. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    I'm 100% certain that I have it right, and I base that on having actually listened to the entire injunction argument and having years of experience of appearing at directions hearings.
  24. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    Corrected.
  25. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    1. Not expressly, but if they tried to do that it would immediately bring about an application for an injunction just as it would if they attempted to hurry the players' response along before 11 August. 2. I missed the end of the hearing, but it's quite common for costs to be 'reserved' when the...
  26. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    Even the players that have since retired, been delisted or shifted to the Bulldogs and Fremantle?
  27. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    Fair point. But there won't be any penalty against players for not responding during this period. I do.
  28. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    The effect of Middleton's ruling today on the injunction application is that they don't have to co-operate, in terms of responding to the SC notices, until he's had a chance to rule on Essendon's claim.
  29. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    You're not understanding the position. ASADA have granted an extension to the SC notices which is currently open-ended. ASADA can, at any time after 30 June, tell the players that the deadline will be up in 14 days. BUT: If they take that step before the trial on 11 August, the players and/or...
  30. Miguel Sanchez

    Essendon fails to gain injunction on ASADA show cause notices. Aug 11 court date set.

    He's done nothing of the sort. The players can elect to take an active role in the proceedings if they wish, or tell the court they will abide by the outcome. If Essendon's case fails, which I think is likely, ASADA will give the players notice that they need to comply with the SC notices...

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