Benchmark Special Edition: Friday, 15 January 2016
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AR Conolly Company Lawyers.
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Special Edition

Executive Summary (One Minute Read)
CAS 2015/A/4059 World Anti-Doping Agency v Thomas Bellchambers et. al., Australian Football League, Australian Sports Anti-Doping Authority (CAS) - arbitration - players violated and were significantly at fault in violating cl 11.2 2010 Anti-Doping Code - World Anti-Doping Authority’s appeal upheld (I B C G)
Dear Subscriber

1. We are publishing only one case as a special edition today.
     The World Anti-Doping Agency v Thomas Bellchambers et. al., delivered on Tuesday by the Court of Arbitration for Sport (CAS).

2. Benchmark will resume its ordinary daily and weekly publications on Monday 1 February

3. For light holiday entertainment we are also publishing today a discussion with Dr Melkonian on the variety of orders courts make relating to activities in other jurisdictions, including freezing orders, anti-suit injunctions, worldwide injunctions and actions commenced under long-arm provisions.

4. Notes are available.

5. The broadcast may assist lawyers in their Compulsory Legal Education program.

6. You should watch on Wi-Fi to avoid excess data usage charges.

Warm regards
Alan Conolly for Benchmark 
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Summaries With Link (Five Minute Read)
CAS 2015/A/4059 World Anti-Doping Agency v Thomas Bellchambers et. al., Australian Football League, Australian Sports Anti-Doping Authority
Court of Arbitration For Sport
President: The Hon. Michael J. Beloff, QC
Arbitrators: Mr Romano Subiotto QC, The Hon. James Spigelman AC QC
Arbitration - Australia Sports Anti-Doping Authority brought charges of breach of Anti-Doping Code against AFL players - Australian Football League Anti-Doping Tribunal dismissed charges - World Anti-Doping Agency appealed - whether players used prohibited substance in breach of cl 11.2 2010 Anti-Doping Code - whether players could show lack of significant fault or negligence - whether players signed consent forms to receive prohibited substance and received injections they failed to disclose on doping control forms - held: players violated and were significantly at fault in violating cl 11.2 2010 Anti-Doping Code - appeal upheld.
WADA (I B C G)
Poem for Friday (Recitation here by Thomas Hellier)
The Ivy Green
By Charles Dickens

Oh, a dainty plant is the Ivy green,
That creepeth o’er ruins old!
Of right choice food are his meals, I ween,
In his cell so lone and cold.
The wall must be crumbled, the stone decayed,
To pleasure his dainty whim:
And the mouldering dust that years have made
Is a merry meal for him.
Creeping where no life is seen,
A rare old plant is the Ivy green.

Fast he stealeth on, though he wears no wings,
And a staunch old heart has he.
How closely he twineth, how tight he clings,
To his friend the huge Oak Tree!
And slily he traileth along the ground,
And his leaves he gently waves,
As he joyously hugs and crawleth round
The rich mould of dead men’s graves.
Creeping where grim death has been,
A rare old plant is the Ivy green.

Whole ages have fled and their works decayed,
And nations have scattered been;
But the stout old Ivy shall never fade,
From its hale and hearty green.
The brave old plant, in its lonely days,
Shall fatten upon the past:
For the stateliest building man can raise,
Is the Ivy’s food at last.
Creeping on, where time has been,
A rare old plant is the Ivy green.

Dickens