PAPER

CAS applied correct legal principle legal principle in finding Essendon players used Thymosin Beta 4

Author:
Glen Pauline
Date uploaded:
14 Jan 2016
Description:

The Court of Arbitration for Sport (“CAS”) made findings of fact that 34 Essendon players used Thymosin Beta 4 (“TB4”), a prohibited substance, based on the application of principles concerning circumstantial evidence that are accepted by the High Court of Australia and applied in Australian courts of law. CAS approached the task before it, by “evaluating all relevant and credible items of evidence and asking itself whether, considered cumulatively, they satisfied the test of comfortable satisfaction”. Glen Pauline explains.

Other papers by Glen Pauline
"Bad Call' - Non disclosure by franchisor of franchisee wage costs (2015)
Bridging the Jurisprudential Gap (2011)
Credibility, Corroboration and the Cumulative Effect in Fact Finding (2013)
Industrial Wars (2014)
Practice Management - Negotiations during mediation (2015)
Reinforcing the Building Blocks (2014)

Download PDF  (0.08 MB)