Subject: VID327/2014 & VID328/2014 Dear Parties, VID 327 of 2014 & VID 328 of 2014 – Essendon Football Club & James Albert Hird v The Chief Executive Officer of the Australian Sports Anti-Doping Authority His Honour has asked me on his behalf to send the following message. The above two proceeding are listed for hearing before Justice Middleton at 10.15am on Monday 11 August 2014 for three days. On 28 July 2014, his Honour was informed that the Applicants’ Counsel considered it unlikely the trial would be completed within the allotted three day period. His Honour is still of the view that the issues in the proceedings seem relatively confined. His Honour currently has Full Court commitments in Brisbane on 14 and 15 August 2014. The service and filing of written submissions and tender lists are to be completed by all parties by 4:00pm on 7 August 2014. The redacted written submissions (omitting confidential material) of all parties and of the 34 Players will be placed simultaneously in the online file on the Court’s website at 4:00pm on Friday 8 August 2014. No affidavits will be made available to the public until they are read in open Court. Upon being read in open Court, subject to any orders of confidentiality, the affidavits will also be placed on the Court’s website. The parties should assume that prior to the commencement of the proceedings at 10:15am on Monday 11 August 2014, his Honour would have read the affidavits filed by the parties relevant to the substantive hearing and the written submissions of the parties and the 34 Players. At the commencement of the hearing on 11 August 2014, his Honour will allow each of the parties and the 34 Players the opportunity to make opening oral submissions as follows:

(a) Each Applicant for 30 minutes in the order of their choosing; (b) The 34 Players for 15 minutes (if they desire); and (c) The Respondent for 45 minutes.

The opening oral submissions will be televised in the same fashion as occurred at the directions hearing on 27 June 2014. The rest of the hearing will not be televised.

Email to Parties and 34 Players 5 August, 2014

After the completion of the opening oral submissions, each Applicant can proceed to lead evidence. His Honour observes the 34 Players do not propose to lead any evidence. Upon the completion of the cases for the Applicants, the Respondent will then be given the opportunity to lead its evidence. Upon the completion of the evidence, his Honour will then hear closing submissions by each of the parties and the 34 Players. The parties and the 34 Players should determine amongst themselves the order of the making of the closing submissions. It is his Honour’s normal practice to allow a short reply no matter which party goes first in addressing the Court in closing. It is at the time of closing submissions that the 34 Players will be given the opportunity to address the Court, including on the discretion to grant the declaratory and consequential relief and as to the form of orders in the event the Court grants any relief. His Honour does not expect there to be any objections to evidence. However, if objections are to be made by any party to any affidavit material filed and served, his Honour asks that:

(a) On or before 5:00pm on Friday 8 August 2014, lead Counsel for each party consult in an endeavour to resolve amongst themselves any objections raised as to the affidavit evidence;

(b) In the event of any objections remain unresolved, on or before 9:00am on Monday 11 August 2014, the parties file a short joint memorandum setting out the objections and the basis of the objection.

His Honour will rule upon all objections to evidence immediately following the opening submissions of the parties and the 34 Players. Finally, his Honour would ask that each party file and serve by 4:00pm on Friday 8 August 2014:

(a) A list of the affidavits that party proposes to rely upon at the hearing; (b) A list of any other witness or witnesses proposed to be called by that party to give

oral evidence in chief; and (c) A list of the witnesses (if any) proposed to be cross examined by that party.

Kind regards,

Susi Ivandic | Executive Assistant to The Hon Justice Middleton