Question
Blake is a player for the Brisbane Thunder Rugby League Club. He was signed with the club in 2014 as a promising 17 year old.
Blake is a player for the Brisbane Thunder Rugby League Club. He was signed with the club in 2014 as a promising 17 year old. In that year, he played in the under 21 side. Towards the end of the 2014 round he injured his right knee. The team doctor, Dr Robertson, examined him. Dr Robertson diagnosed a minor ligament trauma and recommended that Blake come immediately off the field. The game was close. The under-21 coach pressured Dr Robertson to administer pain-killers. Blake returned to the game and played well. He missed the next game to rest his injured knee, but returned the following week with his knee heavily strapped. In 2015, Blake was promoted to the first grade side and immediately became a valuable member of the team. His knee was never 100% and he often took to the field with his knee strapped. The first grade doctor, Dr Glaedal, kept a close eye on the knee. And while Dr Glaedal was concerned that the knee seemed susceptible to injury, he did not recommend Blake take a rest from football, or have surgery. In June 2017 Blake's knee was seriously injured. Blake's father arranged for Blake to be examined by an orthopaedic surgeon not associated with the Club. The surgeon's diagnosis was that Blake's knee was 'minced meat' and that he must stop playing football immediately or risk becoming seriously disabled. On 29 June 2017 Blake's father wrote to the club advising them of Blake's situation and attached the surgeon's report. The managing director of the club, Frank Bennett, responded to the letter with a telephone call. During the telephone call Bennett angrily denied that Blake's knee was damaged indicating that the Club's doctors had found no permanent damage. Further, Bennett alleged that the surgeon's letter was a fraud, and was an attempt by Blake to get out of the existing contract with the club, freeing Blake to sign up with a wealthier club from New South Wales. The call ended with Bennett reminding Blake's father that they had a legally binding contract and that he expected Blake to be at training that afternoon. In November 2015 Blake had signed a new contract with the Club. Blake did not attend training for the remainder of the week. On the 15 July 2017 Blake was served with a Claim and Statement of Claim issued by the Supreme Court of Queensland, with the Club named as plaintiff and Blake named as the defendant. The Statement of Claim alleged that Blake, by not attending training, was in breach of his obligations under the contract. 11 You were Blake's lawyer during the negotiation of 2015 contract. The contract was for oneyear, but it automatically renewed the following year, unless either party indicated that they wanted to end the relationship. This arrangement was to last until 2019. Also, the contract provided a formal process whereby the parties could advise of termination and provided for penalties. In return for playing for the club, Blake was to receive a salary of $135,000.00 per year. Further, you are aware that the Club is owned by the Melbourne investment tycoon Lew Thunder. Thunder has been in financial strife and legal difficulties since 2014, and it is rumoured that the Club also has financial problems. Blake was seen by many in the sport as one of the few assets remaining in the Club. It is true that Blake has been approached by other clubs, but as a local Brisbane boy he has never seriously considered leaving his home town. It is now the 12 August 2017. Advise Blake of: (a) How to respond to the claim. (b) Whether Blake has any cause of action against the Club or person(s) associated with the Club with respect to his injury. (c) Advise Blake how to institute proceedings against the Club and/or persons identified. Include evaluation of alternative ways of commencing the action, any preliminary matters that must be resolved, and advise Blake how to serve parties.
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