AFL head injury legal fight may become mega concussion class action

Former star footballers who are suing the AFL and its clubs may have their claims merged in a giant concussion class action.

Star ex-footballers suing the AFL and its clubs could have their claims merged in a mega concussion class action that more than 100 former players have expressed interest in joining.

Lawyers for Gary Ablett Snr, Liam Picken, Ty Zantuck, Max Rooke and Katherine Tuck, the wife of late Shane Tuck, appeared in the Supreme Court on Wednesday for the landmark concussion injury case.

The judge opened the door for other players to join in as Margalit Injury Lawyers confirmed it had been “inundated” with inquiries from more that 100 professional and amateur footballers.

Shane Tuck. Picture: George Salpigtidis

Justice John Dixon spoke of the importance of the case being conducted in open court to “protect the interests” of any other current or former players considering throwing their hat in the ring.

“They are entitled to know, and to read and to learn what is happening,” His Honour said.

Two class actions are currently before the Supreme Court of Victoria.

One is led by ex-Geelong player Rooke for those injured between 1985 to March this year.

The second is headed by Mrs Tuck for her late husband, who took his life in 2020 after suffering a severe case of degenerative brain disease Chronic Traumatic Encephalopathy.

But two law firms — Margalit Injury Lawyers for Rooke and Griffins Lawyers for Tuck — will soon fight it out to determine which one will represent group members in a single class action.

Gary Ablett Senior.

Despite the wishes of Geelong great Ablett, premiership Bulldog Picken and ex-Tiger Zantuck to run their claims individually, Justice Dixon said “the way these cases will be conducted will be determined by the court, not by the desires of individual parties”.

“The court is not going to conduct five or six different trials examining the same common questions,” His Honour said.

Justice Dixon said he wasn’t suggesting “they’re all going to come together in one big massive trial” or that they’d be separate trials.

“There will be common issues that will be determined by one court,” he said, noting those findings would then be applied to the cases.

Pre-trial issues within the concussion class action are set to run until November.

Given the delay, Zantuck was granted permission to continue looking into whether his case could resolve, Ablett was permitted to make further inquiries and Picken would proceed with seeking discovery.

Ty Zantuck.

Max Rooke.

The court heard Picken’s lawyers were demanding internal documents and medical records be handed over “forthwith” from the Bulldogs and its doctors after he continued to play despite failing concussion tests.

Barrister Tim Tobin SC said Picken’s wife Annie Nolan even complained to the club, but he continued to be sent back on the field.

Outside court, Margalit Injury Lawyers managing principal Michel Margalit said “hundreds if not thousands” of people could be in the class action, with the firm receiving calls from AFL, AFLW and even suburban players.

Liam Picken. Picture: Tony Gough

“We’ve been inundated by calls by injured former players, we’ve received in excess of 100 inquiries as to whether people have a claim or fall within the class action and these inquiries continue just this week,” she said.

“We consider there’s many people out there who do have a viable claim and we encourage them to come forward.”

The solicitor labelled the case as “an incredibly significant action”.

“Not only in terms of the past players who have been injured but also for the future of the safety of the game,” she said.

Meanwhile, Lachlan Armstrong KC for the Tuck class action flagged the possibility of his law firm launching another concussion case, stating that Griffins Lawyers may have identified “opportunities to include a wider group of players in this litigation”.

The case will return to the Supreme Court at a later date.