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AFL Facing Concussion Class Action Lawsuit

Picken Kicks a Goal (file photo)

In mid-March, Melbourne law firm Margalit Injury Lawyers filed a class action lawsuit on behalf of over 60 former players, seeking compensation for the concussions they suffered during their careers and the resultant post-concussion issues they have suffered since. The players include former premiership player Max Rooke (Geelong), Shaun Smith (Melbourne), Liam Picken (Western Bulldogs) and Darren Jarman (Adelaide and Hawthorn). The widow of the late Shane Tuck has also signed on in the suit. Smith previously won a million dollar plus insurance payout due the concussions he suffered.

Outside the court, the firm's leading lawyer Michel Margalit said the firm was seeking about AUD$ 2 million (US$1.35 million) plus medical expenses per player. Margalit said it could cost the AFL close to 1 billion $AUD (US$666 million).She said it was not about "bringing down the AFL", but getting the compensation for the players, Rooke played 135 games for the Cats 2001-2010 and is the lead plaintiff. He, like many of the others sustained permanent and life-altering injuries as a result of concussion-related injuries and because of the AFL’s negligence. Margalit said, “Their careers are finished and years later they find these concussion-related injuries creeping in and affecting their ability to work, their ability to have a happy family life."

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2023 AFL Life Memberships

Cotchin Leads the Team

The AFL will be holding their annual Life Membership and Jack Titus Award ceremony in early March. There are eight new inductees for their services to the game. Five inductees automatically qualified having reached 300 total AFL games: Trent Cotchin, Todd Goldstein, Josh J. Kennedy, Paddy Ryder and Steele Sidebottom. Lisa Hardeman, Bruce McAvaney and Eddie McGuire were awarded life membership for their ‘Special Services to the Game’. Peter Haby was awarded the Jack Titus Service Award for outstanding service to football as the Hawthorn Football Club Historian and Museum Curator. The AFL Commission confirmed their awards at a meeting late last year.

THE INDUCTEES

TRENT COTCHIN

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Hawthorn Investigation Update

Alastair Clarkson

Despite the fact that the AFL has appointed an independent panel to investigate the racism allegation against Hawthorn, the indigenous families involved are still wary of participating in the investigations. Some of the families involved wrote an open letter to the AFL, requesting the league admit its failings in dealing with the issue of racism. The allegations focus on a period between 2008 and 2016. The letter continued, "We have decided to participate in the AFL Independent Investigation on the basis that the AFL is also committed to independently look at its own failings, and promises to all First Nations families it will do better as a result ... the issue of racism in the AFL cannot be dealt with by a narrowly targeted investigation on a club-by-club, or crisis-by-crisis, basis. We want the AFL to take a good hard look at itself and how it has dealt with racism in the past. Not because we want to trawl over 100 years of neglect, or conduct a witch-hunt or to bring legal claims, but because we want the AFL to be a safer place for our children."

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Hawthorn Panel Appointed

Bernard Quinn KC Chairman Hawthon commission
Bernard Quinn KC
(Courtesy listgbarristers.com.au)

In early October, the AFL finally appointed their four person panel to investigate the racism allegations against Hawthorn, the then coach Alastair Clarkson and assistant Chris Fagan. Attorney Bernard Quinn, KC [King's Counsel], will head the panel and be joined by experienced barristers Jacqualyn Turfrey, Julie Buxton, and Tim Goodwin. Quinn has experience in commercial, public law and product liability law and extensive experience with class action suits. He was involved with the investigations in the Black Saturday bush fires. He also served as an associate to a justice in the High Court.

Jacqualyn Turfrey, Barrister, has extensive experience in multiple areas in commercial law and criminal law. She also worked in family and children's courts. She is an accredited mediator with experience in workplace disputes, community disputes, commercial disputes, and children's matters.  Ms Turfrey is a proud Palawa woman (Tasmania). Tim Goodwin, Barrister, specializes in commercial and public law with experience across commercial law, administrative law, government advice work, regulatory actions, and native title and land rights work.  He has experience in federal court and serves on a number of boards including the Human Rights Law Center.  He is a member of the Yuin people of the South East Coast of New South Wales.

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Hawthorn Victims Don't Trust AFL

AFL logo

After the racism allegations against Alastair Clarkson and Chris Fagan became public, the AFL said a four member panel would be appointed to investigate further. However, those allegedly affected by the alleged abuse said they were leery of giving their stories again to the AFL because of the way such issues have been handled in the past, or not handled at all. Age reporter Caroline Wilson said, “There’s genuine despair ... that it’s taken over a week already, and ... the aggrieved families who gave evidence in the Phillip Egan review (the Hawthorn club review which started it all) ... were still not over the line as agreeing to the process. They ... have been saying they want an independent judicial enquiry ... these people gave their evidence, are unwilling to do so again in an environment they don’t trust.”

Both Clarkson and Fagan have denied the allegations, with Clarkson saying he was never interviewed at the time of the initial review. Fagan has said he will cooperate with the new round of investigations. Both coaches are believed to have hired attorneys.

Source: sen.com.au, news.com.au

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Racism Scandal Explodes at Hawthorn

Alastair Clarkson (front) (file photo)

Newly appointed North Melbourne coach Alastair Clarkson and Brisbane Coach Chris Fagan have become embroiled in very serious allegations stemming from their time together at Hawthorn. It began with an external review commissioned by the club to better understand the indigenous people, referred to as First Nations players, and their experiences at the club. The review led to the allegations being made and the club referring everything to the AFL Integrity Unit. Several of the involved players were interviewed and their stories - and those of their partners, paint a completely different picture of the "family club". The story was made public by the ABC which brought to light the treatment of the young players at the hands of the coaches and club officials.

Three players and their partners told their stories but had their names changed for the publication. The families allege that players were told to part ways with their partners, even though the women were pregnant, were forced to move out of their homes. Their partners were allegedly told to terminate unborn children. The families say the players had the SIM cards removed from their phones to further separate them from family. Essentially, they were told football came first and that was to be their primary focus. In many cases, they were bullied into choosing the club and those involved had no compassion for the players or their families. [Ed. note: the ABC has stated that Clarkson and Fagan were given multiple opportunities to respond before the allegations were made public.]

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Kennedy, McEvoy, de Boer are Going, Going, Gone

McEvoy vs Essendon (file photo)

Three more veteran players joined this year's group of retired players. Matt de Boer, Ben McEvoy, and Sydney's Josh Kennedy. Just ahead of Round 22, GWS midfielder Matt de Boer, 32, announced his immediate retirement due to the lingering effects of a concussion he suffered in mid-June. He ends his career on 223 games, 138 of which were played for the Dockers before he joined GWS. It was at GWS he cemented his reputation as one of the game's most effective taggers. He was a crucial part of the teams that made it to the finals, including the 2019 Grand Final loss to Richmond.

In making the announcement, de Boer said, The Giants ... and its people is truly a special place ... “My heart is unequivocally full of gratitude and love for the friendships, memories and opportunities that playing in the AFL has availed me. “I’d particularly like to thank Leon Cameron for believing in me and challenging me always to be the best version of myself. I’d also like to thank the Fremantle Dockers for first recruiting me...".

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Saints Hold Off Hawks To Go Back Into Top Eight

Sam Mitchell (file photo)

The Saints mauled Hawthorn earlier in the season at the MCG as their midfield and forwards dominated the Hawks. Now late in the season the two teams are not so distant on the ladder at Round 20 and both were outside the top eight prior to this match. Early in the third quarter today the Saints looked poised to repeat the dose, but a late fightback by the Hawks saw them trail by just two goals at the final siren, but still enough to carry the Saints into the top eight.

Played under the closed roof at Marvel, the two teams took a good period to feel each other out.  After seven and a half minutes the Saints put the first serious score on the board when Mason Wood outmarked Jiath in the forward pocket and converted the free kick into a goal.  But they failed to capitalize on good work of the midfield as King, Membrey and Lienart all missed set shots. 

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Hawks Make Dockers Work Hard

Andrew Brayshaw (file photo)

The Hawthorn Hawks came to Optus Stadium as the underdogs but their game plan pushed the home team for most of the match. The Dockers had to work hard for the win as the Hawks applied heat around the ball and almost beat the Dockers at their own game. Fremantle welcomed back captain Nat Fyfe after a ten-month absence due to injury.

Fyfe was in the action at the first bounce down, knocking the ball from the Hawk's Sam Mitchell, which was gathered by Caleb Serong who kicked long to tall forward Rory Lobb, who marked (caught the ball) and booted the opening goal for the Dockers after just thirty seconds of play. Despite Dockers' ruckman, Sean Darcy, having the better of Hawthorn's ruckman Ned Reeves, the Hawks were able to get movement away from stoppages through solid clearance work by Conor Nash and Jaeger O'Meara.

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Another Midseason Retirement

Roughead (R) (file photo)

Collingwood ruck/defender Jordan Roughead retired just a week after Bomber Anthony McDonald-Tipungwuti did the same. Roughead, 31, has not played since Round Five, his only game this year. He underwent shoulder surgery in February, then suffered a finger injury in Round Five. He said he knew 2022 would most likely be his last as he has had issues with his shoulder for several years, saying in part, "The last month or so I have spent some time thinking about when I would make the call. This is not a decision I am making because I want to but a decision I am making for my long-term health and my family as well.” Noted for his toughness and bravery, he said the game had taken its toll on him physically and he had been consulting with doctors. He also revealed that he and his wife are expecting their first child.

Roughead, the cousin of Hawthorn champion Jarryd, played 201 games over 14 seasons. He was traded to the Bulldogs at the end of 2018 where he played 63 games. He started with the Bulldogs and was a member of the 2016 premiership side, despite suffering an eye injury the previous week. In that Grand Final, he carried the ruck load for much of the match. In 2019 and 2020, he finished in the Top 10 in Collingwood's best and fairest count.

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