JAMES Hird's Federal Court appeal has been set for a hearing before three Federal Court judges on Monday, November 10.

Hird wasn't in court for the hearing, choosing instead to continue his 'business as usual' approach at Essendon's Tullamarine headquarters. 

Justice Susan Kenny granted Hird an expedited hearing, having been satisfied that it was in the "interests of justice."

The Essendon coach is going it alone, and against his club's wishes, in appealing against last month's ruling that ASADA's investigation into the club's 2012 supplements regime was lawful.

Neither the club nor the 34 past and present Bombers players concerned were represented in court on Thursday. 


ASADA's intention to reissue show cause notices next week was also confirmed through Justice Kenny's remarks. 

"The CEO of ASADA has now indicated that there is an intention to issue revised notices ... in the week commencing 13 October 2014," Justice Kenny said 

Justice Kenny went on to refer to the "anxieties, uncertainties and pervasive concerns" facing Essendon players and personnel as supporting reasons for an expedited process. 

"Based on the respondent’s current intentions, the 34 players, who originally received the Notices of possible anti-doping rule violations … are shortly to receive revised notices, with a view to recommencing the process of determining the allegations against them of possible anti-doping rule violations," Justice Kenny said.  

"In this event, they will continue to be subject to these anxieties, uncertainties and concerns for some time yet. 

"The potentially serious consequences of the statutory process for the 34 players must be borne in mind. 

"Public statements by Essendon and the players’ association regarding the investigation and the need for it to be concluded as soon as possible do not detract from the gravity of the consequences that may be faced by the 34 players." 

ASADA had previously said it was seeking legal advice as to whether it could go ahead with the show-cause process while Hird was appealing.

It is not clear if new notices will be issued to all 34 past and present Bombers players who were originally targeted by the anti-doping watchdog - or just some.

ASADA is on the record as saying it will provide supporting evidence with the new notices.

The one-day appeal hearing before the full bench of the Federal Court is set to take place before Justices Susan Kenny, Tony Besanko and Richard White.