Legal action against AFL grows with 10 more clubs named as defendants

Eight new players have joined the multimillion-dollar concussion class action led by former Geelong star Max Rooke against the AFL, alleging they have had their lives impacted by serious head knocks.

Margalit Injury Lawyers on Wednesday lodged a new writ in the Supreme Court of Victoria naming the AFL and 10 additional clubs as defendants.

It is alleged the players have suffered permanent, life-altering injuries as a result of concussions, and due to the negligence of the AFL and the clubs.

Margalit Injury Lawyers managing principal Michel Margalit said she had written to each of the clubs concerned to advise them they had been named as defendants in the new writ.

The former players named as plaintiffs in the document are ruckman Jack Fitzpatrick (Melbourne 2010-2015), midfielder Gary Frangalas (Richmond 1986-1989), defender Michael Richardson (Collingwood and Essendon 1983-1986), forward Ian Fairley (North Melbourne 1983-1996), Rod MacPherson (Footscray 1982-1986), Dylan Roberton (Fremantle 2010-2012) and Brendan Littler (St Kilda 1986). Also named as a plaintiff is midfielder Nick Stevens (Port Adelaide and Carlton 1998-2009).

While some players involved had stints at other clubs, those stints – to date – have not been presented.

The eight new names will join Rooke as lead plaintiffs in the class action.

“I feel duty bound to support and represent players who, like me, are suffering concussion-related effects as a result of their AFL careers,” Fitzpatrick said.

More than 100 former players have now come forward to join the class action.

“The medical evidence is tragically clear. The players’ concussion occurred while playing Aussie rules and those concussions have gone on to cause them serious, lifelong physical and psychological harm, and it has had a devastating impact on their lives and the lives of their loved ones” Margalit said.

“They dedicated their lives to the game. Years later, their footy career is a distant memory, and they find themselves injured and without the means to care for those injuries. It’s heart-breaking, and they need to be adequately cared for.”

The Rooke case could be held independently, if agreed to by lawyers representing the AFL and Geelong, which then will be used as a guide for the claims of other players. All parties are still working through discovery.

Margalit again called on AFL chief executive Andrew Dillon to join mediation and avoid an expensive trial. Justice Andrew Keogh said in a hearing in the Supreme Court of Victoria on Tuesday that he was aiming for a trial to start on May 31, 2027. This could run for up to four months.

“Financial compensation can never fix the damage that concussion has caused, but it will be an important step forward in recognition of the damage caused to them,” Margalit said.

“I invite AFL chief executive Andrew Dillon to sit down and discuss a fair financial outcome for these former players that have given so much to the game, rather than prolonging their pain and suffering any further.”

Margalit said investigations were ongoing into whether the clubs not yet named were also liable for permanent concussion-related injury.

Richardson, the dashing half-back who also played with the Brisbane Bears (now Lions), said the VFL-AFL needed to have acted earlier in introducing its modern-day laws attempting to prevent – and treat – concussion.

“The measures the AFL have taken in recent times should have been in place a long, long time ago,” Richardson said.

Roberton said the potential long-term impact of concussion, including the degenerative disease chronic traumatic encephalopathy, were a major worry.

“It is scary reading about the long-term consequences, so many former players are suffering as a result of their footy careers,” he said.

The AFL was contacted for comment. The league has previously told this masthead it has made over 30 changes to rules to address concussion over the past decade.