AFL head injury fight will likely merge into a mega class action

Separate class action concussion lawsuits, including one led by the late wife of Richmond player Shane Tuck, will likely merge into a mega claim representing hundreds of ex-players.

Separate class action concussion lawsuits against the AFL will likely merge into a single claim representing hundreds of ex-players.

The Supreme Court on Friday heard a class action by Margalit Injury Lawyers led by former Geelong player Max Rooke would be refiled to include plaintiffs from a second class action led by the wife of late Richmond player Shane Tuck, Katherine Tuck.

Speaking outside court after the hearing, Margalit Injury Lawyers’ Managing Principal Michel Margalit said while no final orders had yet been made, it was likely the second class action managed by Griffins Lawyers would be discontinued.

She said she hoped the league would take a pragmatic approach to litigation and come to the table to mediate the class action.

Shane Tuck. Picture: Ryan Pierse

“Our players continue to be plagued by these very serious brain injuries,” she said.

“I think many people are comforted by the fact that we now have a level of clarity around the two different class actions.

“We want to proceed as quickly as possible and obtain justice and finalise these matters for our clients as soon as possible.”

Earlier, the court heard there were differences between the two class actions, such as the inclusion of secondary victims in the Griffins Lawyers’ claim, but any issues would be dealt with by the parties.

The AFL and some clubs are also facing separate individual lawsuits from ex-players including Gary Ablett Senior, Liam Picken and Ty Zantuck.

Liam Picken. Picture: Quinn Rooney

Gary Ablett senior Picture: Supplied

The court heard the lawsuit by former Richmond player Zantuck would be mediated with the club next year, while Gary Ablett Senior’s case was still in its infancy.

Zantuck, who was diagnosed with suspected chronic traumatic encephalopathy in late 2021, is suing Richmond for compensation over debilitating back and brain injuries.

Lawyers for Bulldogs premiership player Picken had previously stated they wanted their claim to be dealt with separately to any class action.

Picken launched civil action against the AFL and his former team, claiming he was not told about cognitive impairments and was still sent out to play for years.

None of the ex-players attended Friday’s hearing, instead represented by their lawyers.

Outside court, Ms Margalit said her firm was still receiving inquiries from former players about joining the class action.

“We’ve been contacted by well in excess of 100 players,” she said.

“Some players are semi-pro, some players are amateur.”

The case will return to court later this year.