Former Geelong Cats premiership player Max Rooke has suffered a legal setback in his landmark concussion lawsuit, with a court dismissing his occupational health and safety claim. However, the door has been left open for the two-time AFL flag winner to try again.
Court Dismisses OHS Claim, But Grants Leave to Amend
The Supreme Court of Victoria has dismissed the specific WorkSafe Victoria (Occupational Health and Safety) claim made by Rooke's legal team. Justice Michael McDonald ruled that the current statement of claim did not adequately disclose a cause of action under the Occupational Health and Safety Act.
Despite this dismissal, Justice McDonald has given Rooke a significant opportunity to revise his case. The court has granted the former footballer leave to file a new, amended statement of claim by May 9, 2024. This means Rooke and his lawyers can restructure their legal arguments and potentially proceed with the lawsuit on different grounds.
The case, which has been closely watched across the sporting world, centres on injuries Rooke alleges he sustained during his playing career with the Geelong Football Club from 2002 to 2010.
The Heart of Rooke's Legal Battle
Max Rooke, a beloved and hard-nosed member of Geelong's 2007 and 2009 premiership teams, is suing his former club. His lawsuit alleges that the club failed in its duty of care, leading to brain injuries from repeated head knocks and concussions.
The original claim sought damages for negligence and also included a novel argument under the Occupational Health and Safety Act 2004. This part of the claim argued that the club, as an employer, breached its OHS duties to provide a safe workplace, exposing Rooke to risks of head injury.
While the OHS path has hit a procedural hurdle, the core negligence claim is not automatically extinguished by this ruling. The option to replead allows Rooke's legal team to refine their approach based on the judge's feedback.
Broader Implications for AFL and Contact Sports
This case is part of a growing wave of litigation from former athletes in contact sports related to concussion and long-term neurological health. The outcome of Rooke's case, and how it proceeds from here, could set important precedents for how sporting clubs' duties are framed in legal terms.
The use of occupational health and safety law in a professional sports context is a particularly innovative and closely watched aspect. If a revised claim succeeds in establishing that OHS laws apply directly to the on-field environment of elite AFL, it could reshape liability and safety protocols across the code and other sports.
The Geelong Football Club, along with the AFL, has in recent years implemented much stricter concussion protocols and guidelines for head injury management. However, Rooke's case deals with the historical period before many of these modern standards were in place.
All parties are now awaiting the next move from Rooke's legal team by the May 9 deadline to see how the landmark case will proceed.
