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News / Essendon supplements program - Federal Court hands down judgment in favour of ASADA /  

Essendon supplements program - Federal Court hands down judgment in favour of ASADA

9 October 2014

Federal Court Justice Middleton has ruled in favour of ASADA in the Authority's court proceedings against the Essendon Football Club and James Hird.

The originating application lodged jointly by the Essendon  and Hird on 16 June 2014 questioned the validity of ASADA's decision to investigate Essendon players and support staff in relation to their supplements program in 2011 and 2012. The details of their claim setting out their belief that ASADA had exceeded the scope of its powers conferred upon it by the Australian Sports and Anti-Doping Authority Act 2006 (Cth) by conducting the inquiry.

Hird and Essendon also disputed ASADA's ability to lawfully provide confidential information outlining the findings from the investigation in its Interim Report to the AFL that eventually resulted in sanctions against the club in August 2013.

In his judgment, Justice Middleton refuted these claims and endorsed ASADA's position, stating that the investigation "complied with the rule of law" and that ASADA acted lawfully in its provision of the Interim Report to the AFL.

Hird lodged a notice of appeal in the Federal Court's Victorian registry on 2 October 2014 to challenge the ruling.  The new appeal lists Hird as the sole applicant in the proceedings as Essendon Football Club have decided against pursuing further legal action at this time.

For more information please contact:

John Mullins | Partner
Mullins Lawyers
t +61 7 3224 0210
f +61 7 3224 0333
jmullins@mullinslaw.com.au

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