AFL concussion lawsuit: Max Rooke’s class action still unresolved

A class-action concussion lawsuit against the AFL led by Cats premiership star Max Rooke continues with parties still at odds, as it can be revealed the AFL has made a move to split it.

Max Rooke gets bumped by Ben Hudson in the 2008 preliminary final against the Western Bulldogs. Rooke is now the lead-plaintiff in a class-action lawsuit against the AFL.

Discussions between silks representing the AFL, the Cats and dozens of former players in a class-action lawsuit over concussion have been unable to reach an agreement.

Geelong premiership player Max Rooke, known formally as Jarad Maxwell Rooke, is the lead plaintiff in a class-action lawsuit that includes almost 100 former players who claim to have suffered permanent brain injuries as a result of concussion, as well as the family of players who have died.

There are two defendants in the case, which was launched in March 2023, the AFL and the Geelong Cats.

When the matter was called for a brief directions hearing on Monday morning, Justice Andrew Keogh said he understood there had been “some developments” without a solution being found.

He said he was a “little surprised” the parties hadn’t been able to “find a way through”.

The court heard Michael Rush KC, for the Cats, had asked for the brief mention, ahead of an application by the plaintiffs set for Tuesday.

The application involved amending the statement of claim, including the group member definition, the court heard.

In a class-action lawsuit, a group member definition (GMD) defines the circumstances and commonalities linking claimants.

Mr Rush told the court the application was opposed and said the GMD had undergone several revisions since proceedings commenced.

“We don’t think the court can hear the applications and determine them … until there is certainty about what the group member definition is,” Mr Rush said.

The AFL’s lawyer, Philip Crutchfield KC, echoed Mr Rush’s submissions, and added he was “bemused” as to why the plaintiff didn’t accept a “diagnosis criteria” as part of the GMD.

Fiona Forsyth KC, representing the players, told the court the plaintiffs had heard the concerns of the AFL and the Cats, and the proposed changes to the statement of claim and the GMD were designed to “obviate” the issues raised.

“We just want to get on with the proceeding and get things moving,” Ms Forsyth said.

Ms Forsyth said the defendants had raised four issues: knowledge of latent injuries, the definition being too loose and possibly encapsulating temporary conditions, causality, and use of the word “acquired brain injury”.

She said the proposed GMD “addresses the key concerns that have been raised” by identifying a date as to which symptoms became apparent, clarifying that the conditions are permanent and there was a causal link, and using a different term.

Ms Forsyth also mentioned that the AFL had lodged a declassing application.

Judge Keogh asked all parties to put brief submissions in writing by this afternoon, with the matter set to return to court on Tuesday.

A cult figure, Rooke played 135 games for the Cats between 2002 and 2010, including integral roles in the club’s 2007 and 2009 premierships.

Originally published as AFL concussion lawsuit: Max Rooke’s class action still unresolved