AFL seeks to permanently halt ex-West Coast Eagle Brad Sheppard’s lawsuit over career ending concussions

The Australian Football League is looking to permanently halt a lawsuit brought by former West Coast defender Brad Sheppard over career-ending concussion symptoms.

Sheppard filed a writ in July 2024 claiming damages, interest and costs for personal injuries suffered while working with the AFL and Eagles football club from 25 November 2009 onwards.

“Such accident, injuries, loss and damage having resulted from the negligence and/or breach of contract and/or breach of statutory duty,” the writ states.

The named defendants are the AFL, the Eagles, and two of the club’s doctors Gerard Taylor and Alex Strahan.

But in a case management conference in the Supreme Court of WA on Tuesday, it emerged the AFL had last week filed an application for a stay of proceedings.

Cameron Maclean, representing the league, told Registrar Mark Fatharly that the plaintiff had “pushed for mediation” but that should not be programmed until after the stay application was heard.

The first defendants had not had the opportunity to interrogate the details of Sheppard’s loss particulars and view the medical evidence, which went to the heart of the damages claim, Mr Maclean said.

Graham Droppert SC, representing Sheppard, said none of the defendants had so far made any efforts to review the medical evidence and mediation could ensure the matter progressed “rather than doing nothing before the stay application”.

“People need to come to a mediation conference at least with an open mind,” Mr Droppert said.

But Registrar Fatharly said mediation could be swiftly listed at a future date and there was “nothing stopping the parties conferring”.

“That can happen in the background,” he said.

The parties must advise the court of their availability by Wednesday afternoon for a half-day stay application hearing to be held after April 24.

Outside court, both lawyers would not comment on the details of the application.

The 200-game defender pulled the pin on his AFL career in 2021 due to medical advice at age 30.

In March 2023, he told the ABC how the concussions had left him with “head spins”, poor concentration and constant tiredness.

The West does not suggest that there is any liability arising for any of the defendants. The claims in the action will have to be determined by the Court unless they are settled by the parties.