AFL boss Gillon McLachlan appears to be a step closer to facing a trial over his handling of the Essendon drugs saga after a court ruling went mostly against the league.
Mr McLachlan and former AFL chairman Mike Fitzpatrick are accused of engaging in misleading and deceptive conduct in relation to statements they made in the aftermath of the scandal.
AFL chief executive Gillon McLachlan.
Photo: Joe Armao
Melbourne lawyer Jackson Taylor launched a case against the AFL pair in a Supreme Court writ, alleging they breached consumer laws to protect their commercial interest.
The case centres on a number of comments, including Mr McLachlan denying that he tried to engineer outcomes in the saga before Essendon players and officials were interviewed by the Australian Sports Anti‑Doping Authority and the AFL.
The AFL had sought for parts of the case to be heard at a preliminary hearing to limit the need for witnesses and the discovery of documents.
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But Supreme Court judge John Dixon on Wednesday ruled against the AFL's request in relation to two legal "questions" in the matter.
One question was whether or not the particular public statements made by Mr McLachlan and Mr Fitzpatrick were in the course of "trade or commerce" under Australian consumer laws.
A third question relating to a deed of release will be sent for determination before the case proceeds.
Justice Dixon also ordered the AFL to pay Mr Taylor's costs in opposing the application for the "mini-trial".
In the case against the AFL, Mr Taylor alleges several statements by Mr McLachlan about the doping saga were misleading or deceptive.
These include a comment Mr McLachlan made in a television interview with AFL 360, representing that the AFL had taken reasonable care in protection the health and safety of Essendon players involved in the supplements program.
Mr Taylor wants the court to declare that Mr McLachlan, Mr Fitzpatrick and the AFL acted unlawfully.
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