CAMS clarifies Bathurst appeal process

CAMS has outlined the appeal process

CAMS has outlined the appeal process

CAMS has outlined key elements of the appeal process that could see the outcome of the Supercheap Auto Bathurst 1000 remain in doubt for multiple weeks.

Red Bull Racing Australia continues to gather its evidence for the case after serving a notice of intention to appeal immediately after Sunday’s Great Race.

If the team’s argument against the 15 second time penalty handed to its Jamie Whincup/Paul Dumbrell entry is successful, the duo may be declared the winners of the race.

As previously reported, the team will contend that the time penalty is inconsistent with prior applications of the driving infringement regulations.

Under CAMS rules, the appeal hearing “will ordinarily be within nine (9) days of the event”.

The court, however, can wait for up to 14 further days before handing down its decision, meaning the result could drag out until November 1.

That leaves a decision unlikely before the Castrol Gold Coast 600, which is set to take place on October 21-23.

The appeal’s outcome will have a dramatic affect on the battle between Shane van Gisbergen and Whincup for the Supercars title.

Van Gisbergen currently leads the standings by 139 points, with a 172 point swing towards Whincup possible if the appeal is successful and no points sanction is applied instead.

Read CAMS’ full Q&A on the appeal process below.

How is an appeal lodged?

The appellant must lodge a Notice of Intention to Appeal and an appeal fee of $10,000 (plus GST) with the Stewards within one (1) hour of being advised of the Steward’s decision.  If the Appeal or elements of the Appeal are successful, the Court has a discretion to refund part or all of the fee.

On what grounds can a decision be appealed?

The appeal can be against the severity of the penalty, an error in the application of the rules, and/or an allegation that natural justice has been denied by the Stewards. The manner in which the Appeal is conducted is governed by the Supercars Operations Manual 2016 (B5- Appeals).

Does that mean the Appellant has to put their whole case forward in one hour?

No, only the Notice of Intention to Appeal must be lodged in that time frame. The Appellant has 92 hours from when they were advised of the Steward’s decision to lodge the Notice of Appeal. The Notice of Appeal must contain all relevant matters the Appellant wishes to have addressed by the Court.

Who will hear the Appeal?

The Confederation of Australian Motor Sport (CAMS) appoints a Supercars National Court of Appeal. The Court is made up of three individuals with the requisite legal and motor sport knowledge to decide the Appeal. As soon as the relevant persons have confirmed their appointment, CAMS will make an announcement.

Where and when will the appeal be heard?

Under the Rules, the Appeal will be heard in Melbourne, Victoria and will ordinarily be within nine (9) days of the Event. This can be varied by agreement between the Court and the parties to the appeal. All relevant parties attend in person and the hearing is conducted with as little formality and legal technicality as proper consideration of the matter permits. The Court is not bound by formal legal rules of evidence and generally it does not  take longer than one day to hear the matter.

Can the media attend the Hearing?

This is at the Court’s complete discretion.

Will the Appellant have legal representation?

Not usually. The Appellant is required to state their case in person unless it would cause undue hardship. In this instance they may have an advocate (not a lawyer) however, if the Appellant wishes to have a lawyer present, they must ask for the permission of the Court. Whether or not this is granted depends on the severity of the penalty imposed and is entirely at the Court’s discretion. This is done to keep the costs and time frame of the Appeal to a minimum.

When will we know the outcome of the Appeal?

The Court must hand down its decision in writing within fourteen (14) days of the conclusion of the Appeal Hearing.

What are the outcomes available to the Court?

The Court can confirm the penalty imposed by the Stewards or set that decision aside and impose any other penalty applicable to the breach.

Is the finding of the Supercars Court of Appeal final?

Yes, the finding of the Court is final and all parties are bound by the decision. There is no further mechanism for appeal save for an Appeal to the FIA International Court of Appeal.

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