Melbourne firm to lead AFL concussion class action after Shane Tuck suit intends to withdraw
Michel Margalit believes the single AFL concussion class action is in the interest of justice and has welcomed claimants from the soon-to-be dissolved Griffins suit to join her firm.
Melbourne-based law firm Margalit Lawyers is poised to lead the sole class action for former football players who suffer the impacts of concussions after a judge said he would not hear two separate suits.
In a case conference at the Victorian Supreme Court on Friday, it was revealed Margalit would oversee the one class action after South Australia-based firm Griffins Lawyers expressed they wished to withdraw their action.
The outcome of the two class actions will become official before shortly after Margalit files a statement of claim in December.
The decision comes after Supreme Court Justice John Dixon said he would not run two group proceedings in June.
Margalit lodged their claim in March on behalf of players employed by one or more AFL clubs between 1985 and March 2023 who suffered from either concussion or damage from concussion.
The firm alleged that its lead plaintiff, former Geelong Cats premiership player Max Rooke, suffered “permanent, life-altering injuries” as a result of concussion related injuries and due to negligence of the AFL.
Griffins followed with their own class action, with lead plaintiffs including Adelaide Crows’ Darren Jarman, and Katherine Tuck, widow of former Richmond player Shane Tuck, who took his own life in 2020.
Margalit Injury Lawyers’ managing principal Michel Margalit welcomed the move toward one class action and confirmed the firm would be expanding the pleadings.
“We’re making the group that is covered by our class action bigger so that everyone under the other class action that is going to be discontinued will be covered by our class action,” Ms Margalit told The Australian.
“It’s up to them as to whether or not they decide to come across, the other claimants. We really encourage them to come forward and have a confidential discussion with us. We want seek justice on behalf of all persons that are impacted.
“So it’s not just the footballers, but it’s also the secondary victims. So for instance, if a footballer has taken their lives or has passed away due to their injuries, their family members will potentially be covered by our class action once it’s expanded upon.”
The Melbourne lawyer said the single class action is in the interest of justice and will minimise delays and costs.
“There’s a level of comfort for injured players and their families in that we have no connection to any sporting body. And we are experts in injury law and that their claims will be handled confidentially and sensitively,” she said.
“We’re glad that this issue has been expeditiously resolved. Because for many the injuries are only worsening. So it’s of the utmost importance to us that we prosecute their claims and resolve them at the earliest possible juncture.”
With the maximum pain and suffering damages and economic loss that can be claimed per person $2.1m and additional medical expenses on top of this, the compensation the AFL would have to fork out if the class action is successful would be “considerable”.
Margalit have engaged with more than 100 potential claimants.
“The compensation, we think, will be very much referable to who comes on board with our class action and how significant they’re injured,” Ms Margalit said.
Justice Andrew Keogh took time to hear the concerns of plaintiffs at the case conference on Friday who wished to not be represented in the group proceeding.
He was told that one plaintiff would prefer to have his back and brain injury claims dealt with the Richmond Football Club in the same mediation due to the injuries being interrelated. Previously former AFL players Liam Picken, Gary Ablett Sr and Ty Zantuck asked the court to pursue their suits individually also.
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