Dr Bruce Reid's determination to clear his name means the AFL could still be taken to the Supreme Court over the Essendon supplements scandal.
While the AFL Commission has adjourned its hearing of the charges against the veteran Bombers club doctor until October 3, a week after the grand final, Dr Reid is now set to take legal action.
October 3 is the next scheduled AFL Commission meeting.
Dr Reid's lawyers announced the potential legal move after more than four hours of talks with the AFL on Thursday reached a stalemate.
No papers were lodged with the Supreme Court on Thursday.
The AFL Commission has granted his application for a public hearing, but denied Dr Reid's request that the case should also go before an independent arbiter, such as a retired Supreme Court judge.
It is the last unresolved case from the charges that the AFL laid earlier this month over the supplements scandal.
Coach James Hird also lodged a Supreme Court writ against the AFL a week ago.
But he eventually abandoned the action and accepted a 12-month AFL ban.
"Dr Bruce Reid applied today for the AFL Commission to refer the hearing of this matter under the powers conferred by the AFL rules to take place before an independent and qualified person such as a recently retired Supreme Court judge," a statement from Dr Reid's lawyers read.
"The commissioners dismissed the application.
"Counsel for Dr Reid applied for a prompt release of the transcript of argument and the commissioners' ruling to enable the early issue of Supreme Court proceedings seeking judicial review of the decision and the appointment of a recently retired Supreme Court judge to hear and decide the charges against Dr Reid.
"Dr Reid is adamant that he is innocent and wishes to defend the allegations against him in a public hearing."
Despite the stalled hearing, Dr Reid will remain Essendon's doctor for their season-ending game this Saturday night against Richmond.
His hearing was first adjourned on Tuesday night, when the league hit the club with unprecedented sanctions.
On Thursday, it was referred to a commission sub-committee - chairman Mike Fitzpatrick, Justice Linda Dessau and Paul Bassat.
Dr Reid's case has added importance to him because he is trying to protect his reputation as a medical practitioner.
He is facing charges relating to conduct unbecoming and bringing the game into disrepute.
Apart from Hird's suspension, the league also took Essendon out of this year's finals, fined the club $2 million and docked them draft picks.
Senior assistant coach Mark Thompson was fined $30,000 and club football manager Danny Corcoran was banned for four months.
Dr Reid has been Essendon's part-time club doctor for more than 30 years.
