Anti-Doping Rule Violation Panel v XZTT (No 2)

The case of Anti-Doping Rule Violation Panel v XZTT (No 2) involved a dispute between an elite Australian athlete and the Anti-Doping Rule Violation Panel (ADRVP). The athlete challenged the Panel's decision to place an entry of 'possible use' on its Register of Findings in the Administrative Appeals Tribunal. The Federal Court initially granted a non-publication order to prevent the athlete's name from being disclosed, but the Panel successfully appealed this decision to the Full Court. The Full Court subsequently allowed the athlete's appeal, but the Panel again appealed to the Full Court. The Full Court's decision in the second appeal clarified the interpretation of the National Anti-Doping Scheme and the role of the ADRVP.

The legal issues the court was required to decide included whether the non-publication order should remain in force and whether the court should exercise its discretion to depart from the usual rule that costs follow the event. The court considered the distinction between due process under the National Anti-Doping Scheme and the administration of justice, and the relevance of open justice principles in the exercise of judicial power.

The court determined that the non-publication order should be discharged as it was no longer necessary to prevent prejudice to the proper administration of justice. The court also exercised its discretion to grant the athlete a costs certificate, noting that the appeal had corrected an error of law that was independently reached by the court. The court emphasised that the National Anti-Doping Scheme was complex and that the legislature had perceived a need to clarify it. The court made the following orders: 1) the non-publication order made by the Court on 14 March 2013 pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) be discharged; 2) the respondent/cross-claimant pay the applicant/cross-respondent’s costs, to be taxed if not agreed; and 3) a certificate be granted to the respondent/cross-claimant pursuant to s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth) in terms of the attached certificate.