Concussion and Sports Liability (Melbourne)

CPD points:    Four (4)

8.45am    Introduction from Chair
Chair:    Paul HAYES, Barrister, Owen Dixon Chambers West

8.55am Topic 1: The Concussion Controversy in the United States: What are the Key Lessons for Australia?    
Speaker: Alexandra Veuthey, Swiss Attorney and PhD Candidate University of Melbourne
•    Concussion injuries and the National Football League (NFL), the governing body for American football, have been big news in the United States for a number of years as evidence emerges of links to degenerative brain disease among retired players. A class action by the players against the NFL has resulted in a US$1 billion settlement.
•    These momentous events have led to speculation worldwide (including in Australia) as to the implications for other sports where there is a risk of concussion to participants. Are we standing on the edge of a litigation precipice and what should sports and governments being doing about it?
•    Before those two complex questions can be addressed, it is essential to understand the medical science of concussion in sport, its management and the path of litigation in the United States, not only in American football but other professional sports such as ice hockey, football (soccer) and baseball. The proposed presentation will seek to impart that essential foundational understanding so that Australian sports and governments can decide how they should respond.  

9.50am Topic 2:   The Duty of Care: On and Off the Field
Speaker: Paul HORVATH, Principal, SportsLawyer, and Adrian ANDERSON, Barrister, Aickin Chambers
•    The scope of the Duty of Care?
•    When might there be Contributory Negligence?
•    Are you responsible for volunteers and invitees?
•    Work Health and Safety issues
•    Are there Employment Law issues?
•    Contractual issues
•    Is the law changing or likely to change?
•    What do coaches and umpires need to know about the present law?

10.45am    Morning Tea

11.05am    Topic 3: Concussion Liability at Common Law
Speaker:     Elle NIKOU, Barrister Owen Dixon Chambers West
•    A practical analysis of how the common law currently responds to claims involving concussion injuries – what are the consequences?
•    Discussion of common law cases involving sporting concussion and sports violence
•    What the common law approach means in terms of the costs to sporting organisations and insurers

12.00pm Topic 4: The Evolution of the Issues
Speaker: Dr David MADDOCKS, Partner Perry Maddocks Trollope Lawyers
•    History / definitions of concussion
•    “Emerging evidence” of long term effects
•    Other factors to be considered
•    Types of legal claims
•    Risk mitigation

12.55pm – 1.00pm Questions and Close


Double Tree by Hilton Hotel
270 Flinders St
Melbourne VIC 3000