An Australian court has dismissed, in part, a concussion class action lawsuit led by an Australian rules football player against the AFL and Geelong Football Club.
Specifically, the Victorian Supreme Court dismissed their Occupational Health and Safety (OHS) claims, finding them insufficient. Meanwhile, the broader negligence suit will continue.
Former Geelong player Max Rooke initiated the class action on behalf of nearly 100 former players who allegedly suffered long-term brain injuries due to concussions sustained between 1985 and 2023. The lawsuit alleges the AFL and clubs failed to take “reasonable precautions,” such as enforcing strict concussion protocols, which led to players being exposed to unnecessary risks. The case, which could cost the league up to $1 billion in compensation, focuses on negligent management of head injuries.
The Dismissal and OHS Claims
The specific ruling involved the dismissal of claims regarding breaches of Occupational Health and Safety regulations. While Justice Keogh recognized that some, if not all, of the activities engaged in by players during training and matches could be classified as “hazardous manual handling” under relevant, albeit not universally applied, OHS regulations, he determined the pleading was not sufficient to put the defendants on notice. The court found the specific OHS allegations did not meet the required threshold for a legal claim at this stage, resulting in the striking out of those particular arguments.
Continued Legal Challenges
Despite this setback, the overall class action remains active. The court previously narrowed the scope of the initial trial to focus on the 2002–2010 period (Rooke’s playing time) to manage the vast scope of the 40-year, 1985-2023 claim period. However, the case has become increasingly complex, with Geelong Football Club bringing twelve former club doctors into the proceedings via third-party notices, arguing that if any breaches occurred, they were partly due to medical staff, not just administrative policy.
Future Outlook
While the OHS claim was dismissed, the plaintiff was given an opportunity to re-plead. The broader negligence case regarding the failure to manage concussion risk continues, with a trial not expected until April 2027 at the earliest. The dismissal highlights the difficulty in applying traditional occupational health standards to professional sports, where the very nature of the game involves inherent risks, and reinforces that the focus will remain on whether the AFL and its clubs acted reasonably to manage known, long-term risks of brain injury.
