Sorry Saga - “It’s actually quite funny people thinking they know more than they actually do”

Interesting what happens if officials involved in racing can challenge the VRC in the Supreme Court for denial of natural justice. Moodie ( involved in the cobalt affair) won his case.
He is also pursuing a defamation case.
If AFL players were not bound to exclusively follow the CAS route through their contracts with the AFL, perhaps they could have recourse to the Australian courts to secure natural justice. At the very least they might have been able to take on the AFL for binding them to a system which is based on an inherent conflict of interest.
There is an issue for the Australian Athletes Alliance.

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More examples: Vic cops accused of fabricating evidence in the Silk Miller murder trial, IBAC to investigate; Vic police found to have witheld evidence in the Myer heist case, case collapses.
ASADA/WADA tamper with evidence and present a false assertion as fact (Dank’s history of TB4 use); athletes have no redress under Australian law, because that is what their employer the AFL dictates.

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What I would like to see: Jim Spigelman , a former NSW judge , agreeing to an interview with Tracey Holmes why he signed off on a report which misreresented Australian administrative law ( as found by the Federal Court) - that ASADA legislated powers of the ADRVP and the AAT under its Commonwealth legal powers - Is prevented from make findings other than possibility - which does not meet the comfortable satisfaction standard of more than mere probability.

Following the Federal Court ruling, Attorney General’s was required to introduce amending regulations that the ADRVP and the AAT were limited to possible findings. Yet, Spigelemann , knowing this, signed off on a CAS report that the AAT EXPRESSLY found that Dank had a history of TB4 use (contrary to the NRL finding, based on the comfortable satisfaction standard that Sandor Earl did not use TB4 supplied by Dank)…
Seems that, when he sits as a CAS arbitrator he can ignore the basics of Australian law, yet he was selected to provide that dimension.
He never will agree to such interview.

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there was nothing reasonable about his gross errors

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we all know that afl contracts are not worth the paper they are written on if the afl want to break them so why should the players contracts be any different ?

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Because the AFL can afford to spend millions in lawyers and legal fees. Few could afford to stand against them - just look at how they are dragging out the case that Jackson Taylor has against them.

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this is what is wrong with our legal system there is no good reason for them to drag it out other than to bankrupt the other person so they will go away …hope the court stops this waste of money, time & energy as it only serves someone with a big bank account …I remember mr Grollo saying once he pitied a person with no money trying to negotiate the legal system (notice I didn’t call it the justice system)

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Agreed! As I have often posted: we all want justice, but you have to have the money to buy it.

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someone has to pay for it, lets get real

There is NOT much about our legal system that represents justice. Unless of course, you and yours are a part of “the boys club and their connections.” If so, anyone can get away with anything and I mean anything, if you have the money to pay for it.

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It would seem to me that all the players need to do is stand up. At the moment they contribute money (I don’t know how much) to support the AFLPA which we know is 50% (nominally) funded by the AFL. We know that the AFLPA are subservient to the AFL. It is a bogus union.

How about the players give the AFLPA the dump and set up a committee of player representatives supported by independent legals to seek a better arrangement in relation to their contracts, which I have heard from so many lawyers is challengeable in court, if the players want to pursue it.

There are 800+ players on lists with an average wage somewhere around $350K/annum. Chuck in $250 ea and you have
$200k as a starting bank. I contend the lawyers would be lining up for that case.
The players are the game afterall. Interesting thought and would be a very compelling confrontation. There are precedents with the U.S. big sports so the players know where to go for advice

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Jarndyce v Jarndyce

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How did the symposium go Stabbs?

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I think many of the players would be too worried about the repercussions of such an action. Do you think the AFL would allow a stand alone organisation that they could not control?

Its a good idea though Helen.

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Point 28.3 of the UNESCO Kazan Action Plan:

  • Unify and further develop international standards supporting sports Minsters intervention in the field of sport integrity

I am not aware of any intervention by our Sport Ministers to safeguard the integrity of athletes against corrupt or unethical behaviour of those running sport.

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I see this #justiceforthe34 as pointless It’s not going to give our draft picks and Jobes brownlow back or remove the players name on Wada’s drug cheat list.

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What’s pointless, … is that post, & that attitude.

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The more influence the justice for the 34 have in changing policies for the good of all athletes, the more that the wider sporting community will discover the injustice that took place.

And the more chance of the truth coming out.

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