Human rights lawyer Julian Burnside, QC, to lead case against AFL chief, ex-commission chairman

THE Essendon drugs saga will return to court just days before this month’s season opener, with human rights lawyer Julian Burnside, QC, leading a case brought against AFL chief Gillon McLachlan and former commission chairman Mike Fitzpatrick.

THE Essendon drugs saga will return to court just days before this month’s season opener.

Human rights lawyer Julian Burnside, QC, is leading a case brought against AFL chief executive Gillon McLachlan and former commission chairman Mike Fitzpatrick.

He is representing Melbourne lawyer Jackson Taylor, who alleges misleading and deceptive conduct during the five-year supplements scandal.

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At a Supreme Court hearing before Justice John Dixon on March 19, three days before the Richmond-Carlton opener, lawyers for the AFL will argue for a limited trial.

If that application is dismissed, McLachlan, Fitzpatrick, former AFL boss Andrew Demetriou and former AFL integrity unit manager Brett Clothier face the prospect of being called to give evidence.

No senior AFL figure involved in the Essendon saga has ever been cross-examined in the witness box.

AFL chief executive Gillon Mclachlan and former AFL chairman Mike Fitzpatrick may face the prospect of being called to give evidence. Picture: Darrian Traynor/Getty Images

Human rights lawyer Julian Burnside, QC, is leading a case brought against AFL chief executive Gillon McLachlan and former commission chairman Mike Fitzpatrick.

The case alleges McLachlan and Fitzpatrick contravened consumer law by misleading or deceiving the public over the AFL’s conduct in the saga, to protect its commercial interests and reputation.

Taylor seeks orders for the AFL to publish the truth about the matters over which he says the public was deceived.

He also seeks a declaration that McLachlan, Fitzpatrick and the AFL acted unlawfully in deceiving the public.

It centres on a series of public comments by senior AFL figures.

These include:

McLACHLAN’S denials that he asked the Australian Sports Anti-Doping Authority to “take bits out” of an interim report unfavourable to the AFL.

McLACHLAN’S denials that he tried to engineer outcomes before Essendon players and officials were interviewed by ASADA and the AFL.

FITZPATRICK’S denial that he told axed Essendon football boss Danny Corcoran in March 2016 that “your mate (James) Hird will never get back into football”.

Court documents revealing Mr Burnside’s involvement in the case were filed last month.

Mr Burnside represented Bombers coach James Hird at the peak of his fight

against the AFL.

The AFL recently publicly endorsed Hird’s return to football, saying it supports Fremantle’s approach to him.

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In an affidavit filed in February, lawyer Mark Dobbie, for the AFL, estimated “the likely duration of the trial at eight to 10 hearing days, but possibly more if (Mr Taylor) intends to call multiple witnesses”.

“I estimate the AFL will want to call between six to eight witnesses,” he said.

“Each will need to be proofed for the purpose of preparing detailed witness statements. As I have already indicated, some of the witnesses are now located overseas which is likely to make the task more difficult and costly.”

Mr Dobbie said “many, many thousands of documents will need to be sourced, collated and reviewed”.

The AFL applied last March for a dismissal of the case unless security for costs was provided. Security was provided.

Taylor, who has worked with law firm Arnold Bloch Leibler in Melbourne and Latham and Watkins in London, launched his case in February last year.

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