AFL concussion class action: Max Rooke, former players class action adjourned
An ex-Geelong star’s pursuit of a concussion lawsuit against the AFL and his former club, involving almost 100 players, will drag into an expensive third year, a court has heard.
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Former Geelong star Max Rooke’s pursuit of a mass concussion class action against the AFL will roll into an expensive third year without a hearing date being set.
The dual premiership Cats defender is the lead plaintiff in the lawsuit, which includes almost 100 former players who claim to have suffered an acquired brain injury as a result of concussion, as well as family of players who have died.
The plaintiffs allege that the league failed to implement reasonable concussion protocols, with Rooke claiming to have suffered 23 head knocks during his career.
The league argues that the players knew and accepted the risks of playing the sport, and that it changed the rules 30 times since 2000.
The Supreme Court of Victoria heard a directions hearing on Friday with legal representatives of Rooke, AFL and Geelong Football Club present.
They are the two defendants in the case after the latter was added by the plaintiffs in September, despite a proposal to add all 18 clubs to the class action.
A separate action is likely to be filed against the remaining AFL clubs at a later date.
Barrister Peter Hamilton told the court his client needed more time to review evidence before progressing the case after the recent acquisition of a new KC to his legal team, Fiona Forsyth.
He asked for a hearing date to be set “not before June 16.”
Michael Rush KC, acting for the Cats, said the club were concerned by the delay, noting eight former and current Geelong doctors may need to be called.
“Allegations against our client already date back 40 years,” he said, noting the plaintiffs court proceeding began in mid 2023.
Justice Andrew Keogh described proceedings as being “dogged by problems throughout”.
“Here we are almost two years down the track since initiated and very little progress has been made,” he said.
“There is real uncertainly as to the form the proceedings should take as it goes forward.
“This must be costing everybody a fair bit of money.”
He suggested all parties meet for a case conference “and a discussion” rather than “get bogged down in these expensive and time consuming disputes.”
He adjourned proceedings to a later date.
Class action group members have asked the court to keep their identities secret, with Rooke the current face of the lawsuit.
He was a cult figure at Kardinia Park with his courage and fearless approach endearing him to supporters.
He was a key player in the 2007 and 2009 flags.
The proceedings were first lodged in the Supreme Court more than two years ago on March 14, 2023.
The hearing is expected to hear evidence from former AFL players who competed between 1985 and March 2023 who have suffered an acquired brain injury as a result of concussion caused by head knocks.
Rooke claims he has suffered permanent injury, loss and damage as a result.
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Originally published as AFL concussion class action: Max Rooke, former players class action adjourned
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