A Victoria-based law firm has launched a landmark class action against the AFL, seeking compensation for the serious damage concussion has caused former players.

The action, lodged by Margalit Injury Lawyers in the Supreme Court of Victoria, is on behalf of all professional AFL players who sustained concussion-related injuries through head strikes while playing or training between 1985 and March 14 this year.

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The lead plaintiff is Jarad Maxwell Rooke, better known as Max Rooke.

The dual premiership player was employed by the Geelong Football Club between 2001 and October 2010, and played 135 games during that time.

Rooke was concussed between 20 and 30 times during his playing career and training, and was knocked unconscious through head strikes on at least two occasions, the writ stated.

“As a result of the breach of duty and negligence of the defendant, the plaintiff has suffered injury, loss, and damage,” it said.

The class action alleges Rooke sustained permanent and “life-altering injuries” as a result of concussion-related injuries and because of the AFL’s negligence.

More than 60 former players have come forward to join the class action.

They are seeking compensation for pain and suffering, economic loss and medical expenses, Margalit Injury Lawyers said.

The writ notes the case has scope to include the representatives of any dead former players who meet the criteria.

“The injuries suffered by this group of former AFL players, as a direct result of the concussions sustained while playing Aussie rules, has had a devastating impact on their lives and the lives of their loved ones,’‘ managing principal Michel Margalit said.

“Some of the players who have joined this landmark class action have never been able to hold down a job after leaving the AFL.

“Their personal lives have been shattered and they live with constant physical and mental pain. It’s heart-breaking and they need to be adequately cared for.’‘

The long-term injuries sustained by players included chronic traumatic encephalopathy, traumatic brain injury and dementia, Ms Margalit said.

Many also experienced psychological impacts including post-traumatic stress disorder and suicidal ideation.

The firm was speaking with neurology experts in preparation for them to give evidence in court.

The writ pointed to a history of medical knowledge about the impacts of concussion, and alleged it was reasonably foreseeable to the AFL that players were vulnerable to concussion caused by head strikes “at all relevant times”.

“Since at least 1992, it has been known that brain injuries are one of the most catastrophic athletic injuries and that once a player has incurred a concussion there is a heightened risk of a second or further concussion,” the writ stated.

The AFL also owed players a duty to take reasonable care for their safety and avoid exposing them to unnecessary risk, the writ said.

It pointed to the AFL’s alleged failure to make and enforce rules, policies, procedures and protocols in line with medical knowledge to reduce the incidence of concussion as evidence of its “negligence”.

The AFL also failed to adequately conduct risk assessments for head strikes and concussions, and to educate players about the risks of long-term injury arising from concussion – particularly as they related to an early return to play, the writ said.

The AFL last year apologised to past players who were “let down” by the league’s concussion research project after an independent review criticised the study.

It was under-funded and under-resourced, the review found, and some AFL players still dumbed down their baseline concussion testing in pre-season to reduce the chance of a concussion diagnosis on game day.

Earlier on Tuesday, the AFL released its updated guidelines for the elite game and strategic plan for sport-related concussion in football.

Margalit Injury Lawyers say a similar class action in the United States brought by former NFL players resulted in an initial payout of more than US$1 billion.

Margalit Injury Lawyers’ full statement below

Margalit Injury Lawyers today lodged a landmark class action at the Supreme Court of Victoria against the Australian Football League seeking compensation for the serious damage caused to former players by the impact of concussion.

The class action has been lodged on behalf of all professional AFL players who suffered concussion related injuries through head strikes while training or playing AFL between 1985 and 14 March 2023.

The Lead Plaintiff named in the Writ is dual Premiership player Jarad Maxwell Rooke (known as Max Rooke). Between 2001 to October 2010 Mr Rooke was a listed player employed by the Geelong Football Club and played 135 AFL games.

It is alleged that Mr Rooke has suffered permanent, life altering injuries as a result of concussion related injuries, and due to the negligence of the AFL.

Margalit Injury Lawyers have now had more than 60 former players come forward to join the class action. The former players are seeking compensation for pain and suffering, economic loss and medical expenses. A similar class action in the United States brought by former NFL players resulted in an initial payout of more than US$1 billion.

Margalit Injury Lawyers Managing Principal Michel Margalit said the long-term injuries suffered by the former players include various neurological impairments such as chronic traumatic encephalopathy (CTE), traumatic brain injury (TBI) and dementia. Many former players are also experiencing devastating psychological consequences including depression, post traumatic stress disorder (PTSD) and tragically suicidal ideation.

“The injuries suffered by this group of former AFL players, as a direct result of the concussions sustained while playing Aussie Rules, has had a devastating impact on their lives and the lives of their loved ones,’’ Ms Margalit said.

“Some of the players who have joined this landmark class action have never been able to hold down a job after leaving the AFL. Their personal lives have been shattered and they live with constant physical and mental pain. It’s heart-breaking and they need to be adequately cared for.’’

“They dedicated their lives to the game. Years later, their footy career is a distant memory and they find themselves injured and without the means to care for those injuries. This is despite AFL being one of the biggest economic drivers in the state.”

“Justice delayed is justice denied. These injured players have waited too long. Now is the time to hold the AFL accountable and to seek fair and just compensation.”

“The AFL should have taken accountability earlier, rather than these former players having no choice but to seek a remedy for their pain and suffering through the Supreme Court.’’

“Financial compensation can never fix the damage that concussion has caused, but it will be an important step forward in recognition of the damage caused to them. We hope that the AFL will engage in genuine and early resolution discussions, to avoid unnecessarily prolonging the suffering of these former players.’’

Ms Margalit said the legal team has been consulting leading experts in the field of neurology who would give evidence in the Supreme Court.

“The medical evidence is clear. The players’ concussion occurred while playing Aussie Rules and those concussions have gone on to cause them serious, lifelong physical and psychological harm.”

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