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A GROUP of senior Essendon players is considering launching a class action against the AFL, and possibly the club, if found guilty of doping offences.
It comes as one former Bomber began his own Supreme Court action, seeking documents about the medical treatment he received while at the club.
It is understood lawyers for the player, who on Tuesday applied for a suppression order and wants to be known as Mr X, initiated the legal action after requests for Essendon and the AFL to hand over documents related to his health and safety were not met.
The Herald Sun understands at least three senior Bombers have told their managers they are keen to explore an action against the league, which would involve a legal firm covering the cost of the case and pocketing a percentage of any payout.
Alan Jones grills AFL chief executive Gill McLachlan on the Essendon ASADA investigation.
The players would also be suing for damages in the Supreme Court, for breach of duty of care and breach of contract in relation to the supplements scandal.
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"They are wanting to explore a class action," a source close to the players said last night. The players would prefer to sue the AFL rather than their own club — but understand it may be necessary to sue both organisations.
The players are facing suspensions of up to two years for use of the prohibited peptide Thymosin beta-4.
Essendon players in a huddle. Picture: Alex Coppel Source: HeraldSun
A ruling in the case against the 34 current and former Essendon players will be handed down by the AFL Anti-Doping Tribunal on Tuesday.
A WorkSafe Victoria probe into the AFL and Essendon is continuing, but it is believed no action will be taken by the authority until after anti-doping charges are determined.
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Mr X, who named the AFL as first defendant and the club second defendant in papers lodged yesterday, is expected to make an application for pre-action discovery.
He is seeking documents held by the AFL and Essendon so his lawyers can assess whether to pursue a damages claim. Such a claim could relate to possible negligence or a breach of occupational health and safety regulations.
AFL boss Gillon McLachlan has publicly stated the league must accept some level of responsibility for the saga.
michael.warner@news.com.au
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