England are considering taking their own action against the second-row Dave Attwood after two charges of stamping during Tuesday's draw against Australian Barbarians in Perth were thrown out on a technicality.

The tour agreement between the English and Australian unions stipulated there would be independent citing commissioners for the two matches against the Barbarians, but the hosts appointed one of their own, Scott Nowland, to oversee this week's game. Nowland last year angered South Africa by giving their second-row Bakkies Botha a two-week ban for charging into the prop Adam Jones off the ball during the second Test against the Lions.

England successfully argued through their legal officer, Richard Smith, QC, that the charges were invalid because Nowland could not be considered to be independent and they had not been consulted about his appointment. Attwood had been cited for alleged offences in each half, the second of which, on his opposite number, Mitch Chapman, was caught on camera. That footage is being examined by England, who will consider before announcing the team to face Australia in the first Test in Perth on Saturday whether disciplinary action should be taken against the Gloucester second-row.

"We did not know there was an Australian citing commissioner until after the game," Rob Andrew, the Rugby Football Union's elite rugby director, said. "An independent will be in place for next week's match against the Australian Barbarians."

The agreement also stipulates the chairman of a disciplinary panel should be independent and that was not the case this week with an Australian, Paul Tully, appointed to preside over the case against Attwood. He threw out the case after listening to England's objections.