David Galbally QC will represent ex-Adelaide Crow Kurt Tippett at the Monday night hearing, and believes Tippett should be instantly cleared of the breach of draft rules allegation.

Tippett will face the AFL Commission on Monday night to face allegations of interfering with the draft and contravening the total player payment rules by accepting funds from organisations outside of the club's sponsorship group.

Mr Galbally told 891 Breakfast that the basis for the defence he will stage before the AFL Commission for Tippett on Monday will be that the player did not breach the rules and regulations of the draft by declaring his wishes to leave the club, and did not breach the rules and regulations of the total player payments rule.

Mr Galbally believed the interference with the draft charge was the lesser of the two allegations, and a player should not be fined for expressing their wishes to leave a club at any time during their contract.

"So what if he said that at the beginning of his contract?

"How's that in the breach of the rules?"

The secondary charge of Tippett accepting external payments to supplement his salary may decide the overall outcome Mr Galbally said.

"The penalties will hinge upon the findings by the Commission as to whether Kurt Tippett was involved in breaching the total player payment regulations."

Mr Galbally said the results of the case would set a precedent for all players, especially considering the possible outcomes of the definition of total player payment rules.

"In my view if you have a salary cap, you have a salary cap, but we have this third party payment scheme that is in existence that seems to vary from year to year or club to club in situations.

"In some ways it may well be at the end an opportunity for the AFL to use this to set down some strict guidelines in relation to it that are properly articulated and clearly understood."

Mr Galbally said the process of the Commission's hearing would not be a strictly judicial process.

"It's not bound by the rules of evidence, and it's very interesting because I'm not sure that I can recall of an instance where the full commission has actually sat to hear and determine a case where the merits are an issue."

Mr Galbally said if the final rulings were not favourable for Tippett, the next course of action may be to challenge the findings in court.