AFL chief Gillon McLachlan and former chairman Mike Fitzpatrick could be forced to give sworn evidence if the Supreme Court rules the league has a case to answer in the latest instalment of the Essendon supplements saga.

A case brought by Melbourne lawyer Jackson Taylor alleging McLachlan and Fitzpatrick breached consumer law by engaging in deceptive conduct during the scandal was heard in the Supreme Court on Wednesday. Taylor was represented by prominent human rights lawyer Julian Burnside.

Gillon McLachlan (left) and Mike Fitzpatrick. Credit:Joe Armao

AFL lawyer Gregory Harris QC argued any case would be expensive and should be limited. He said a trial should not involve lengthy cross-examination of many witnesses and discovery of documents.

Harris added the matter was not a usual one, where a plaintiff seeks damages from a defendant but was a case brought by a "punitive plaintiff" enlisting the help of a "highly qualified" and "sophisticated" lawyer like Burnside.