Appeal Investigation

The Appeal process was unnecessarily lengthy with huge gaps in progress by the IAT.  An initial Compilation of Facts took 5 months; following the Hearing, the Summary of Facts went through 15 revisions [(a) to (o)], but the Australian team was provided with only 4 of these revisions.  Through this process, there were many months of inactivity by the IAT.

The various versions of the Summary of Facts were littered with supposition, bias, untruths and missing important facts.  The Australian team spent countless hours rebutting these errors on each of the versions, most of which was ignored by the IAT.

 

7 April 2020

Australia lodges appeal on time; UK and GER lodge a late appeal and are granted an extension. (2020-04-07 Australian Gliding Team 10th WWGC Appeal.pdf)

13 May 2020

CASI gets FAI Board approval to commence appeal

27 May 2020

CASI notifies they will commence appeal; notifies makeup of the International Appeals Tribunal (IAT), two gliding representatives from the IGC and one CASI delegate

18 June-2 July 2020

Air Sport Australia Confederation (ASAC) writes to CASI questioning the makeup of the IAT and lack of conflict of interest; CASI replies that the team will stand; ASAC again questions the makeup of the IAT and potential for bias; CASI replies that the team will stand as is.

9 July 2020

The Australian Team write to the FAI Secretary General regarding timeframes, rules, fairness concerns.

31 July 2020

The FAI Secretary General responds saying that the President of CASI is responsible, and all members are of high standing.

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Oct-November 2020

Various versions of the Compilation of Facts document issued by IAT; comments and edits provided by Aus and GBR/GER in all versions. Final Compilation of Facts issued 30 November 2020.

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1 December 2020

Hearing is held for the Australian Team 9 months after lodging their appeal.  The hearing is hostile and only one team pilot is allowed to speak. Via zoom and recorded.

15 December 2020

Australian team provides more clarification to the IAT requested from the Hearing

January 2021

ASAC requests IAT to provide information on any progress, following the Hearing.

28 January 2021

Australian team is asked to document the Hearing recording for the IAT, which they do

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22 April 2021

Issue of Summary of Facts for comment issued by IAT (V0b); Australia responds with detailed comments and notes concerns on opinion and conjecture being listed as facts.

18 May 2021

Issue of Summary of Facts for comment issued by IAT (V0i); Australia responds with detailed edits and same concerns.

3 July 2021

Issue of Summary of Facts for comment issued by IAT (V0o); Australia further responds with detailed edits and same concerns.

11 July 2021

Summary of Facts V1.0 issued by IAT after months of delay giving 7 days in which to respond with comments.

16 July 2021

Australia provides detailed commentary on the Summary of Facts V1.0 which contained 48 issues and errors to be changed or corrected.  (2021-07-16 Final draft WWGC Keepit 2020 Summary of Facts_V1_AUS_Response.pdf)

11 August 2021

Final version of the Summary of Facts V1.1 issued by IAT which ignored almost all the 48 objections made by Australia.

17 August 2021

ASAC wrote to the IAT giving arguments and submissions for final consideration relating to the lack of accuracy and completeness of the final Summary of Facts V1.1 (2021-08-17 ASAC President to IAT.pdf)

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1 December 2021

IAT Final Report and Decisions issued.  20 months have elapsed since the lodging of the Australian appeal.  The timing of this report issue means Australia has 21 days to appeal to CAS, the scheduling of which falls over the Xmas period. (2021-12-02 WWGC Final Report IAT.pdf) and Lawyers Perspective.