Essendon Football Club v Chief Executive Officer of the Australian Sports Anti-Doping Authority [2014] FCA 1019

FEDERAL COURT OF AUSTRALIA

Essendon Football Club v Chief Executive Officer of the Australian Sports Anti-Doping Authority [2014] FCA 1019 Citation: Essendon Football Club v Chief Executive Officer of the Australian Sports Anti-Doping Authority [2014] FCA 1019

Parties: ESSENDON FOOTBALL CLUB (ACN 004 286 373) v CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY JAMES ALBERT HIRD v CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN SPORTS ANTI-DOPING AUTHORITY

File number(s): VID 327 of 2014 VID 328 of 2014

Judge: MIDDLETON J

Date of judgment: 19 September 2014

Catchwords: STATUTORY INTERPRETATION – general principles – principle of legality – identification of statutory purpose – approach when statute based upon international conventions and agreements – modern approach to statutory interpretation – express statutory powers and incidental powers. ADMINISTRATIVE LAW – whether power used for improper purpose – test to apply when multiple purposes. JUDICIAL REVIEW – nature of judicial review – whether relief is discretionary – delay – acquiescence – utility – inevitable outcome – impropriety of applicant – public policy. PRIVILEGE – nature of privilege against self-incrimination – contractual abrogation or curtailment –statutory abrogation or curtailment – need to invoke privilege against self-incrimination – limitations on extent of protection given by privilege against self-incrimination. WORDS AND PHRASES – "in connection with" – "for the purposes of".