The significant step in ‘billion-dollar’ class action against the AFL, Cats

A “billion-dollar” concussion class action against the AFL and Geelong, led by premiership Cat Max Rooke, has been recommended for a trial date next year.

The landmark action against the AFL and Rooke’s former club took a significant step forward on Tuesday, when the justice presiding over the case – which now involves more than 100 players – suggested a May 31, 2027 trial date.

Justice Andrew Keogh had expressed frustration in June last year with the lack of movement, the case now in its third year since the class action was lodged by Margalit Injury Lawyers in 2023.

Managing principal Michel Margalit said at the time “the whole class action could cost the AFL close to $1 billion”.

The parties have upped the ante since, and agreed on Tuesday at a hearing in the Supreme Court of Victoria that Keogh’s potential trial date could work, although defined dates for discovery have yet to be determined. These will be clarified when the parties meet with a judicial registrar on Tuesday next week.

Fiona Forsyth, KC, representing Rooke, had initially hoped for a trial mid-2027 or later, but said on Tuesday May was “doable”. Ben Ihle, KC, representing the AFL, said it was “tight but tenable”.

Lawyers for the AFL had indicated it would be a 16-week trial, but Forsyth said she hoped it would be “around 10 weeks”.

In an hour-long hearing that covered several issues, the parties argued about costs and the time period for the discovery of evidence, and whether it includes just Rooke’s time in the AFL.

There is the possibility the Rooke case could be held independently as a test case, with others to follow once that case has been resolved.

Rooke, 44, played 135 games for the Cats from 2002 to 2010, winning premierships in 2007 and 2009. The overall class action covers the period from January 1985, to March 14, 2023.

The parties also argued over specific personal details of claimants that can be released, the AFL keen to understand its exposure. Forsyth said there needed to be strict privacy protocols.

Rooke’s legal team is no longer arguing the AFL or the Cats breached their statutory duties under occupational health and safety laws.

However, in an amended statement of claim filed in February, the lawyers still argue: “As a result of the concussion management failures and the failures to take the reasonable precautions, the AFL breached the duty of care that it owed to the AFL players and was negligent and further or alternatively the Geelong Football Club breached the duty of care that it owed to its registered club players and was negligent.”

Rooke has alleged he suffered permanent, life-altering injuries due to between 20 and 30 concussions from his playing career, and the AFL’s alleged negligence.

Court papers allege Rooke suffered multiple concussions, including being knocked unconscious on at least two occasions. It is also alleged that he endured an acquired brain injury and psychiatric injury.

In June last year, the court heard that at least seven former Cats were involved in the class action.
– Jon Pierik

Geelong skipper sidelined, Magpies pair return

Captain Patrick Dangerfield will miss Geelong’s game against Adelaide and could also sit out the Cats’ bumper clash with Hawthorn after suffering a calf strain.

Elsewhere, Western Bulldogs stalwart Tom Liberatore will miss up to five weeks with a hamstring strain, while Collingwood skipper Darcy Moore and fellow backman Jeremy Howe could return from injury against GWS.

Dangerfield, who turns 36 next month, pulled up sore from Geelong’s comeback win over Fremantle and has been ruled out for at least a week after scans revealed a low-grade injury.

The explosive midfielder-forward will be a big loss against Adelaide on Thursday and potentially on Easter Monday against Hawthorn, who Dangerfield demolished in last year’s preliminary final.

Dangerfield managed a calf complaint in pre-season and didn’t play in the Cats’ opening-round loss to Gold Coast.

“Pat reported some calf soreness following the match against Fremantle, with subsequent assessment and scans confirming a low-grade calf injury,” Cats football boss Andrew Mackie said.

“Given Pat missed our opening-round game with a similar complaint, we’ll take a cautious approach and get some loading into his training with his return to play at this stage earmarked for Easter Monday, or the week after.”

The Bulldogs have the bye this weekend but Liberatore will miss at least their following clash with Essendon, and potentially more time after that, after suffering then playing through a low-grade hamstring injury against Adelaide.

“During the weekend’s game, Tom developed some low-level hamstring tightness,” Bulldogs medical boss Chris Bell said.

“Scans have since confirmed a low-grade hamstring injury.

“Tom won’t play in the round-four game against the Bombers and we will work to confirm a return to play plan across the next period of time.”

Moore and Howe both just need to prove their fitness at training to play at Marvel Stadium on Friday night.

GWS will be without defender Jack Buckley (concussion) but Toby Bedford (hamstring), Aaron Cadman (pelvis) and Brent Daniels (hamstring) could all push to return.

Sydney hope superstar Isaac Heeney recovers from his hamstring over their bye this weekend.

Brisbane key forward Logan Morris returns from a hand injury against St Kilda while Hugh McCluggage (calf) will push to play.

Saints defender Anthony Caminiti (hamstring) will miss four-to-six weeks.

Carlton will regain Adam Saad from a hamstring injury against Melbourne while Adam Cerra (hamstring) and Francis Evans (knee) will need to prove their fitness.

The Demons have lost key defender Daniel Turner (broken hand) for two-to-three weeks.

North Melbourne key defender Griffin Logue will miss two-to-three weeks with a low-grade hamstring strain.
– AAP

What the Bombers spoke about in their post-match, players-only meeting

Peter Ryan

Essendon forward Kyle Langford says it is the senior players’ fault that the Bombers team defence is “not up to AFL standard” after two poor displays to open their season.

Langford, who fronted the media on Tuesday, said a player-led meeting held immediately after the game was called to ensure a blame game didn’t start and to acknowledge that the responsibility for the performance against Port Adelaide rested with the players.

“[We] do have a group that when the pressure is on us, we might buckle a little bit,” Langford said.

The early season crisis led to former captain Zach Merrett joining the leadership group meeting on Tuesday morning as they searched for ways to respond against North Melbourne on Saturday night.

“He is right in amongst us. He is not shying away from everything. He knows he needs to improve as well in certain areas, as we all do,” Langford said.

The pressure is building on coach Brad Scott as he enters his fourth year at the helm, but Langford said the players were not putting into action what they were being taught on the training track. He also said their fundamentals were below par.

“We have to look at ourselves in the mirror,” Langford said. “[Our] team defence isn’t up to AFL standard. It’s not individuals, it’s on all of us.”

He said the display showed the players were “struggling to put into action” the game plan but denied that had anything to do with the message from the coaches or their capability to execute. He said they would improve as the team spent more time playing together.

“[Scott has] done everything he can now. It is on to us players. It is frustrating,” Langford said.

Langford said he wasn’t sure he would have described the team as being “demoralised” when the game started drifting away from them on Sunday, as Scott suggested after the loss, but he admitted there was confusion as to why they were performing so poorly.

“When you get beaten by 10 goals, it’s not fun,” Langford said. “I’m not sure if demoralised is the right word, but it is not great when you are out there.”

He conceded it was frustrating to be answering questions about his side’s performance after just two matches, but claimed the culture was the best it had been in his time there. However, it was yet to translate into performance.

“It’s been a while since we have had that consistent winning culture,” Langford said.

Langford doubted key forward Nate Caddy would have taken any notice at the coach highlighting the impact his missed goal from point-blank range had on the group. Describing him as “an athletic freak”, he said he was glad he was able to play well.

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