AFL says it has no obligation on payout to Nigel Kellett as former Bulldog battles concussion effects

The response from AFL legal representatives relating to the promise of a payout for “significantly brain-damaged” former Bulldog Nigel Kellett has been labelled ‘condescending’ by his lawyer.

Compensation for brain-damaged Nigel Kellett is in jeopardy after the AFL this week said an agreement was never made for a million-dollar pay out to the former Western Bulldogs player.

Secret emails from AFL lawyers – one dated November 2022 and the second dated April 2024 – appear to be at odds over a proposed payment to Kellett.

Kellett’s lawyers are “incredibly frustrated” as they seek compensation that they believe was promised to him. The AFL now says a promise was not made and that it did not have “any obligation” to pay Kellett a lump payment.

Kellett, 54, has frontotemporal dementia, CTE symptoms, depression and early Parkinson’s disease, which neurological experts say he has likely acquired from repeated collisions during a 10-year career with the Bulldogs.

Kellett’s lawyer John Edgar said: “I’m incandescent …. I’m so frustrated. The AFL is not honouring the obligation communicated by Peter Gordon.”

Gordon’s email of November 2022, said Kellett would be eligible for compensation under a new hardship scheme that was expected to be available in early 2023.

Nigel Kellett celebrates a Footscray win in 1992.

“The provisional assessment we have made is that under the scheme as we propose it,

you will be eligible for significant capital provision. While we cannot nominate a precise

number for this capital sum for you now, under the model we are working towards, you

would likely be entitled to a total amount in excess of (redacted) but less than (redacted),’’ the email said.

Gordon also said the AFL would start paying a monthly allowance to Kellett – which it did.

But an email this week from lawyer Andrew Grech, who also represents the AFL, said an “enforceable agreement” was never made, which required the AFL to “make any payment to Nigel whether a lump sum or otherwise”.

Grech said the monthly payments to Kellett were “volunteered” by the AFL and were not “subject of an agreement or legal obligation”.

“We would like to move on in a constructive way with seeking to assist Nigel but it is pointless and a waste of everybody’s time and resources to do so while you and your client continue to press a hopeless claim,’’ Grech said in the email.

“Please confirm with us that you and your client make no claim that there has ever been any agreement or offer to pay Nigel a (redacted) lump sum in addition to the benefits the AFL is already providing.’’

Edgar described Grech’s email as “absolutely, self-evidently condescending”.

Kellett and partner Sue at their Newport home. Pic: Michael Klein

Kellett, who has made several attempts at suicide, and his partner Sue Rudolph were “dumbfounded” by what they believe was a moral backflip by the AFL.

“The response is hurtful and again flies in the face of any integrity the AFL and their lawyers have,” Rudolph said.

“On one hand, they’ve told us a capital sum has been provided for him in the letter of November 2022, then they made us jump through all sorts of hoops – and we have.

“Then, after we did that, they’ve said ‘actually, there’s no claim available that Nige is entitled to and that we never actually said there was’. How does that test their integrity and morals?’’

Kellett and Rudolph, who do not work, cannot afford to take legal action against the AFL.

Edgar said Kellett and Rudolph had asked for half of the lump sum to pay off their mortgage and make urgent repairs to their home. He said an NDIS report had been sent to the AFL.

He also said he had explored the setting up of a trust, which Gordon said “would be in their best interests” in his November 2022 email.

Kellett has frontotemporal dementia, CTE symptoms, depression and early Parkinson’s disease.

“It’s incredibly frustrating,’’ Edgar said.

“Peter Gordon’s email … let’s assume he had authority to say it, didn’t say subject to terms and conditions as long as your arm.

“It’s a continuing source of ongoing frustration that we can’t get confirmation as to a likely date that Nigel would be satisfied to receive a payment.

“If they just write to us and say ‘there’s been a mistake here, we’re getting the funds/trustees organised, we’ll have it done by the 31st of whatever month’ …. I think I can sell it to Nigel, but I can’t sell him nothing.”

Kellett’s long-time manager Peter Jess said: “This is not about where we draw legal lines, this is simply about looking after the health and welfare of a significantly brain-damaged player.

“It is beyond comprehension from any compassionate and humanitarian view that the promises wouldn’t be met.”

Kellett’s father, Doug, said he had contacted AFL chief executive Andrew Dillon, but was yet to get a return phone call.

Originally published as AFL says it has no obligation on payout to Nigel Kellett as former Bulldog battles concussion effects