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highly unlikely, although it's an interesting question. Effectively you're asking about what's called "remoteness" from the negligent act- like how far down the chain does it go before people can no longer hold Essendon accountable for the loss caused by Essendon's negligence. The case they...

It was negligence as far as the players' cause of action against the club is concerned.

The reputational damage Essendon would suffer as a result of attempting to shift blame to the players by arguing contributory negligence would probably be a greater cost (lost memberships, sponsorships, further bad media, the perception/reality of the club throwing the players under a bus again)...

Correct- I don't know about the sports law/CAS appeal option stuff (see previous post), but civil litigation I do know. If the players aren't approaching civil litigation against the club/AFL/potentially their own agents, they are doing it wrong. There could be some merit to a united front...

I don't know - I would have to do research into an area of "law" that I don't have any experience in. It would depend entirely on the CAS rules which seem a bit mickey mouse to me. If an appeal exists it would probably be in the World Anti Doping Convention, which the court refers to as the...

lawyer here. This is correct. Clearly egregious negligence occurred and the players have a legitimate grievance and a prima facie cause of action, despite being incredibly naive. I suspect hypothetically even if a player at an AFL club had known they were doping but had done so at the direction...

...a club that is truly interested in its members shouldn't need a fan forum of angry members and a substantial drop off in crowds to tell it that f***ing the members of the club in the ear is a bad idea. True accountability means moving the people on who let it happen in the first place for...

At his best was very handy, and he has played a few stand out games for us this year. I've always found Harry O's "principled" clashes to be more self indulgent grandstanding than something to be admired. If I had to work with a guy who caused dramas, I'd find it really draining and an...

Yes. The ads cross a line. They are an imposition on and a betrayal of the membership that made this club what it is. Someone at the club thought long and hard about those ads, and concluded "wow that Holden ad is really loud and annoying and detracts from the match day experience, and the...

I think you might not know what "pathetic" means. Are you saying people who don't want to reward the club which has treated us with contempt by ramming gambling down our throats, or blasting the holden logo at us are in some way weak? The only possible way a member can influence that decision is...

I'm one of the handful that is a member but isn't renewing. I've posted about it before, and it is entirely because of the match day experience (holden rev up ads and gambling being rammed down our throats) and nothing to do with on field performance.

exactly this. I'd be more likely to attend a 100 point loss where I'm not yelled at by a Holden ad than sit through a full game of the insult to my intelligence that our home games were in 2014. I suspect this fan forum gesture is some backpedaling directly to do with this. My other question is...

Agree with all of this, and I've used those words (treated with contempt/exploitation/imposition) in earlier posts. The Holden ad exemplifies it best. Whatever Holden's paying, I doubt it's worth the long term cost of insulting people who have been loyal to the club. I think the decision...

If I had to psychoanalyse it, it would be that I'm a very rational person and have always been. The only exception to that in the past has been my interest/passion for footy. Once I felt the club had turned on its supporters (there's no other way to explain the advertising and gambling...

Really good post.

Map of Palestine from a 1947 issue of National Geographic

I know exactly what you mean about feeling "flat" afterwards. I found the experience really draining personally. My mates/workmates in the past have described me as being "obsessed" with footy. For the first time in so long I can't remember, I didn't even tune into the West Coast game on TV, and...

If you appreciated the post you wouldn't have swatted away concerns about shitty match day experience and the way gambling has creeped into our game with the "old man yells at cloud" metaphor. It's also a logical fallacy: ad hominem You attacked your opponent's character or personal traits in...

The issue isn't whether the AFL is pro or anti-Israel or whether Israel's occupation and military action in Palestine is legal/legitimate (it isnt) - the charity was raising money for kids who were born into circumstances outside their control, who didn't choose to be born in a war zone. Shit...

I'm not great at this editing stuff- someone in an earlier post asked the ages of my nieces and nephews. The footygoing ones range from 10-17. My personal grievances have nothing to do with what some commentators are calling a "malaise" or "disenchantment" with the game, vaguely attributable...

I agree - I drive a Holden which has been a great car, but I reckon if I were subjected to that ad weekly I'd have to rethink my relationship with that brand too. I drew attention to the ad itself, which while outrageous, is more of a symbol of the relationship between the club and the...

Sorry I should have been more clear. I know other clubs have certain sounds and images on the big screen after a goal. I've heard the gold coast trumpet tune from their song played after a goal. I also saw at the Hawthorn game I went to there was an animated swooping hawk with a sponsor of some...

the get loud thing isn't there because it's "needed" - it's there because Holden gave the club a bucket of money to put it there, and to give it pride of place during game time. The revving up part is just a front for what is really such a loud ad that they would would otherwise not dare to try...

I agree with all of this. The dance troupe is lame, kind of cringeworthy but ultimately harmless. The kiss cam is an imposition and one I don't like. I would add the organ music with that American baseball theme. Those things bug me but aren't dealbreakers as far as attending the game is...

Fair call. It is the difference between me (and my entourage of impressionable kids) going and not going, but I accept that I may be in the minority in that respect. I suspect that there are others out there though. Even if the numbers are very small (which I doubt), there's still a long term...

Hi all, I'm writing an open letter to the Collingwood Football Club off field leadership. I know the clubs have employees whose job it is to read online commentary about the club, and that this is more likely to be read than any email or angry letter I send. Although I rarely post, I regularly...

Re: dwayne ****head russel this is the best application of the english language to footy/commentary I have ever seen. Why is this poster not a professional sports writer? On what basis do people like Mark Robinson find work? I think there's a case building for a Crikey-esque digital...

let this be the kill shot.

Since the 2007 NT intervention, Aboriginal customary law cannot be a factor for sentencing - so no, a NT court can't take customary law into account. I've spent a bit of time down there, and to my knowledge central "payback" isn't done with machetes. If it were a nulla nulla or a spear then...

I sent my letter to foxtel in mid last year. No response beyond acknowledgement of receipt. I had really really hoped that Dwayne Russell would be axed, but apparently competence isn't a requirement at foxtel. I'm a man of my word. No fox footy for me. I live in hope - Foxtel, the...