Event and Time
Event Description
- Date Initiated: 17 March 2023
- Case Type: Group proceeding regarding concussion and brain injuries suffered by Australian Football League (AFL) players.
- Plaintiffs: Katherine Tuck, Jay Schulz, and Darren Jarman.
- Defendants: AFL, Richmond Football Club, Port Adelaide Football Club, Hawthorn Football Club, Adelaide Football Club.
Application and Claims
- The plaintiffs applied to discontinue the proceeding and sought court approval to avoid notifying all group members of this application under section 33X(4) of the Supreme Court Act 1986 (Vic) (‘SCA’).
- The claim includes former and current players affected by concussion-related injuries and relationship claimants who suffered because of these injuries, such as loss of dependency damages.
Judicial Decisions
- Court approval is required to discontinue proceedings, assessing impacts on group member interests and potential injustices.
- The application for discontinuance had no expressed opposition from group members, and the majority were informed of the Rooke proceeding.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs' Argument:
- Discontinuation is justified as further investigation suggests the original cause of action has slim chances of success. - The Rooke proceeding covers the same subject and group members, diminishing necessity for the current proceeding.
- Defendants' Position:
- The AFL acknowledged its duty of care towards players but contested the extent and nature of the duty claimed. - No substantial opposition was raised against the discontinuance based on the correspondence with group members.