AFL, Cats fail in bid to quash concussion class action

5 days ago 8

A landmark concussion class action against the AFL and Geelong has been cleared to proceed, as the Cats were warned they could have up to 300 players who suffered brain injuries.

In a major ruling released by the Supreme Court of Victoria on Wednesday, the AFL and the Cats were told they had failed in a bid to limit or quash the concussion class action brought by former Geelong premiership star Max Rooke, which has at least seven Cats players involved.

Former Geelong premiership player Max Rooke will proceed with his concussion class action against the AFL and the Cats.

The ruling was in response to a June 17 hearing.

Justice Andrew Keogh said lawyers representing Rooke would amend their initial writ, and the group definition in the statement of claim, which will provide greater clarity on who can join the class action.

Margalit Injury Lawyers managing principal Michel Margalit said the ruling was a win for the players, but called on the AFL to agree to mediation “to discuss appropriate compensation at the earliest possible juncture”.

“The decision by the Supreme Court of Victoria is good news for players and former players affected by permanent concussion injuries in the course of their VFL/AFL careers, and their affected family members,” Margalit said.

“Players can now move forward with the important protections afforded by class actions, such as confidentiality and protection from costs. Former players have already waited too long to be fairly compensated.

“It is time for the AFL and the clubs to provide meaningful care for their former players who were the heart and soul of the game. No more delays. No more raw deals.”

Geelong great Gary Ablett senior has his own separate case against the Cats, Hawks and the AFL.

Court documents do not name the players who have joined Rooke, or the 90 overall registered group members, but they did confirm that Margalit Lawyers is also representing AFL great Gary Ablett snr in his separate concussion case against the AFL, Cats and Hawthorn.

While the class action still covers players who took to the field from January 1, 1985 to March 14, 2023, the initial trial will focus on the period Rooke played in the AFL from 2002 to 2010, helping to provide clarity for those who played before and after those dates.

In his analysis of earlier arguments, Keogh delivered a sobering warning for the AFL and the Cats, stating that “there are almost 300 players who played AFL games for Geelong during the claim period and who potentially suffered concussions and brain injury”.

“There is a real prospect of Rooke establishing that concussion is not an unusual injury for players to sustain during AFL games or training. Further, the class of group members in this proceeding includes persons who are in a close relationship with injured players and have suffered psychiatric illness because of injury to those players,” Keogh said.

Video analysis of the games Rooke played in has identified the possibility of 177 other players being concussed, according to Margalit.

The AFL and Cats had argued that any group member should have a medical diagnosis of their condition. They also argued it would be more efficient for players if they ran individual cases, rather than a group action, as the overall 38-year span in potential cases meant there was a differing understanding of concussion. While sympathetic to the arguments, the court denied both claims.

Margalit said if the 90 group members ran their cases individually, the overall cost would be up to $42.5 million.

Keogh has previously expressed his frustration that the case is now in its third year.

The AFL and Geelong were contacted for comment.