Essendon has lost its bid to put ASADA’s investigation into the AFL club’s supplements program on hold.
The AFL club argued in Federal Court that its players should not have to respond to the allegations until after Essendon concludes its court battle with the anti-doping authority.
But Justice John Middleton rejected the application for an injunction, meaning players could have just 14 days to respond to the allegations which could be delivered any time from next Tuesday.
The court heard on Friday that ASADA was extending the initial July 11 cut-off date for players to respond to the show-cause notices it issued to 34 current and former players.
Essendon barrister Neil Young QC told the court that players and the club would be on tenterhooks unless the date was pushed back to the conclusion of the trial.
“ASADA has offered an undertaking that it will extend the response period until 14 days after they give a notice, such notice not to be given before June 30,” he told the court.
“It is effectively a rolling notice period that could be triggered after Tuesday.
“What we’re asking of ASADA is they simply further extend the response period.
“The reasonable thing to do is to offer protection for the whole trial.”
But Justice Middleton rejected Essendon’s application, saying it was an unnecessary measure.
“Unfortunately there will always be uncertainty with litigation, that’s why we’re trying to expedite this litigation,” Justice Middleton said.
A three-day trial had been set down for August 11.
ASADA’s barrister Tom Howe QC argued ASADA should have the right to trigger the show-cause notices at its own discretion.

