Mega Thread Questions about the ASADA/ EFC/ players and the legal process/ defences/ liability

[Dry Rot]

James might have been asked "How do you want it delivered" and chose the by post method giving him time to get on the front foot?

But ASADA didn't say "we have sent out show cause letters to 34 players and officials

 

[Dry Rot]

He's (Hirds) clearly been send a SC.

I'm in absolutely no doubt.

Why else would he initatie legal proceedings against ASADA?

That makes sense, but then it means that ASADA has been tricky publicly.

 

[Dry Rot]

What was Hird's conditions again? Was he allowed to have contact with people in the club, just not on game day? I think Little has definitely been in contact with him for the same (ish) case to be brought forward solely under his name.

I think officials haven't been sent a show cause but this is Hird trying to stop them being served on him.

edit: oh, nice boyd icon too

Thanks.

Can Hird take that action without any action by ASADA?

 

[Malifice]

That makes sense, but then it means that ASADA has been tricky publicly.

Theyre still not allowed to release information that reasonably might reveal who theyve issued SC's to.

If they said 33 players and one offical, public speculation would be ridiculous and it'd get out.

 

[Dry Rot]

Theyre still not allowed to release information that reasonably might reveal who theyve issued SC's to.

If they said 33 players and one offical, public speculation would be ridiculous and it'd get out.

Fair enough.

 

[NikkiNoo]

Thanks.

Can Hird take that action without any action by ASADA?

Without us seeing the actual affidavit, a lot of this is just guess work. They are going after the process in the joint investigation is my understanding. So it has nothing to do with the Show Cause notices. If they win, then they are hoping that Show Causes have to go away never to be seen again.

 

[Boxhead_31]

But ASADA didn't say "we have sent out show cause letters to 34 players and officials

Current and former Essendon players? Didn't state if they are now coaching.

 

[Boxhead_31]

Jon Ralph of the mind that Hird has filled to get ahead of the game doesn't think that Hird has been issued with a SC as yet

 

[Malifice]

Thanks.

Can Hird take that action without any action by ASADA?

Yes.

He could seek a writ of mandamus from the court seeking ASADA to stop its current investigation against him as it was proceeduraly unfair. Or an injuction.

Be a bit silly though. He's much better off waiting for ASADA to complete their investigation, then IF they make an adverse finding against him, challenge that adverse finding.

If the players have recieved SC's and Hird hasnt, why whould Hird get involved now? He'd be better off waiting and watching the outcome of those proceedings surely?

Hird has been send a SC. I bet my bottom dollar on it.

 

[Malifice]

Jon Ralph of the mind that Hird has filled to get ahead of the game doesn't think that Hird has been issued with a SC as yet

Why on earth would he do that?

If he hasnt recieved a SC he's much better off waiting and watching the outcome of the players application.

 

[Aerial Ping Pong]

Does the issuing of an injunction by the EFC or James Hird in the Federal Court remove the requirement for the 34 players to respond to the show cause notices within 10 days?

 

[IanW]

Hird has been send a SC. I bet my bottom dollar on it.

I wouldnt.

ASADA is both playing hardball, and being cagey.

They've sent out the SCs for TB4. Nothing on AOD, the mexican drug, CJC etc.

They've made public noises about 'do a deal, 12 months, no problems, we might even go to 6'.

Given that, I can see them check-raising James Hird, by *declining* to send him a SC just yet.

 

[Malifice]

I wouldnt.

ASADA is both playing hardball, and being cagey.

They've sent out the SCs for TB4. Nothing on AOD, the mexican drug, CJC etc.

They've made public noises about 'do a deal, 12 months, no problems, we might even go to 6'.

Given that, I can see them check-raising James Hird, by *declining* to send him a SC just yet.

You reckon Hird is pre-empting a SC?

 

[IanW]

You reckon Hird is pre-empting a SC?

Yes

 

[NikkiNoo]

I wouldnt.

ASADA is both playing hardball, and being cagey.

They've sent out the SCs for TB4. Nothing on AOD, the mexican drug, CJC etc.

They've made public noises about 'do a deal, 12 months, no problems, we might even go to 6'.

Given that, I can see them check-raising James Hird, by *declining* to send him a SC just yet.

Agree. I think Hird is involved in his own purely because it appears that in his mind it is all about him from the start of this. His past actions prove that he is only concerned about himself.

 

[Boxhead_31]

Does the issuing of an injunction by the EFC or James Hird in the Federal Court remove the requirement for the 34 players to respond to the show cause notices within 10 days?

Little covered that in his presser.
The players have to decide with their council how they proceed this doesn't do anything in that matter

 

[IanW]

Little covered that in his presser.
The players have to decide with their council how they proceed this doesn't do anything in that matter

Raising the whole question of why EFC have standing to proceed.

 

[Armchair Critic]

Why on earth would he do that?

If he hasnt recieved a SC he's much better off waiting and watching the outcome of the players application.

Do you agree with this

Natalie Hickey @njhickey · 17m
That #Essendon complied with process in 2013 will not make ultra vires become intra vires (legal speak). The power is there or it's not.

Natalie Hickey @njhickey · 12m
If #Essendon wins case, it will restrain #ASADA's use of all material. So #Hird's separate lawsuit inexplicable & only serves to complicate.

 

[FFC_RoyBoys]

Great thread - Thank Malifice and all. Interesting stuff.

 

[Boxhead_31]

Raising the whole question of why EFC have standing to proceed.

Thought they had a deal sown up with the AFL in August last year and now that ASADA have proceeded to this step they have had to scramble?

 

[IanW]

Thought they had a deal sown up with the AFL in August last year and now that ASADA have proceeded to this step they have had to scramble?

Yeah, but that still doesnt answer the court's question of 'Why the f/ck are you here, again ?'

 

[Malifice]

Do you agree with this

Natalie Hickey @njhickey · 17m
That #Essendon complied with process in 2013 will not make ultra vires become intra vires (legal speak). The power is there or it's not.

Natalie Hickey @njhickey · 12m
If #Essendon wins case, it will restrain #ASADA's use of all material. So #Hird's separate lawsuit inexplicable & only serves to complicate.

Yep. Thats my understanding of the law as well. And I agree with both points.

Its baffling that he would commence proceedings in the absence of his own SC.

 

[Malifice]

Yeah, but that still doesnt answer the court's question of 'Why the f/ck are you here, again ?'

Theyre affected by the suspension of 34 of their players so they have standing.

The proceedings initated by them shoud read 'Essendon Football Club and Ors' however if the players are joined to the proceedings.

Anyone got a link yet to the EFC's SoC?

 

[Boxhead_31]

So Justice Middleton will begin hearing both the EFC case and Hird's case against ASADA on the same day the 27th of July.
Would they be separate sessions or held at same time?

https://www.comcourts.gov.au/file/Federal/P/VID327/2014/actions

 

[Mutt]

Yep. Thats my understanding of the law as well. And I agree with both points.

Its baffling that he would commence proceedings in the absence of his own SC.

Narcissistic personalities do not always act rationally and have difficulty recognizing that not everything is about them.