Tort Sport and the Law Nathan Bracken vs Cricket Australia Case This case study will outline and discuss the lawsuit by Australian test cricketer Nathan Bracken against Cricket Australia for negligence which he believed ended his cricketing career prematurely. The following article is from the Australian newspaper on February 9, 2012. Nathan Bracken sues Cricket Australia for $1 million over knee injury. Former Australian Test seamer Nathan Bracken is suing Cricket Australia, alleging negligence for failing to adequately deal with a knee injury that “ruined” his career.
Bracken, who played five Tests and 116 one-day internationals for Australia, is arguing that Cricket Australia’s doctors and lead physiotherapist cannot provide “competent” medical advice to elite athletes. News Limited newspapers said he was seeking at least $1million in lost earnings. He says Cricket Australia failed to “investigate, diagnose and treat” a right knee injury suffered the day before a one-day match against England in January 2007.
In his statement of claim, Bracken reportedly states that two doctors and a physiotherapist working for Cricket Australia should have recognised from MRI scans that he needed to have arthroscopic surgery. He alleges their failure to refer him for further examination by a specialist orthopaedic surgeon and to restrict him from training and playing ruined his career. Cricket Australia confirmed legal action was under way but said it could not comment. “It’s before the courts and we cannot comment on it,” a spokesman said.
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As well as appearing for his country, Bracken played for New South Wales and English county Gloucestershire before announcing his retirement last month aged 34. This case study will now cover the 6 processes of the law in determining a punishment as well as culpability. These 6 processes include: 1. Area of Law that applies 2. The relevant Act and section that details what needs to be proven 3. Standard of proof that needs to be met to find guilt 4. The matters for consideration, these include the legal elements, facts and evidence 5.
If proven are there any defences 6. Findings by the court 1. Area of Law that applies? In the Nathan Bracken vs Cricket Australia case the area of law that applies is Civil law. This is because Nathan Bracken is trying to gain compensation and damages from Cricket Australia by suing them. It is not a criminal case as there was no breaking the law involved by either party and it is not sporting law as Nathan Bracken is retired and cannot be punished by the National cricketing body. 2. Relevant Act or Section
As this is a civil law matter, there is no specific relevant act or section that applies to this case, the judge or magistrate has to make a decision based on the facts and evidence that are presented before them and will not be required to use precedents of any kind 3. Standard of proof that needs to be met to find guilt? In any civil law matter, the standard of proof is the balance of probabilities. This is a lower standard of proof then criminal law as there is it is seen to be not as serious as committing a crime.
When the standard of proof is the balance of probabilities, the judge only needs to be 50 percent certain that an injustice has happened. In many civil cases the side that has more evidence is usually the side that is awarded victory. 4. The matters for consideration, these include the legal elements, facts and evidence The legal elements essentially mean that what area of law the person is suing for. There are many types of legal elements that must be proven in order to be found guilty of that element.
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The legal element that Nathan Bracken was suing Cricket Australia for was Negligence. Nathan Bracken believed that Cricket Australia did not do enough to adequately deal with a knee injury that forced him into early retirement. He also believed that the doctors and physiotherapists of the Australian Cricket team failed to investigate, diagnose and treat his right knee which was injured in the warm up of a match between Australia and England in January 2007.
In his statement of claim which was presented to the judge, Bracken reportedly stated that that two doctors and a physiotherapist working for Cricket Australia should have recognised from MRI scans that he needed to have arthroscopic surgery. As an addition to the claimed negligence Nathan Bracken said that their failure to get further examination by a specialist orthopedic surgeon would have found a problem and that Cricket Australia would then restrict him from training. He alleges that this was not done and continually was told that he was able to train and play which he believes ruined his career.
As a result of this perceived negligence Nathan Bracken sued for more than 1million dollars in damages and loss of earnings. 5. Possible Defenses From Cricket Australia Defenses are important in a civil case as it allows the defendant to argue their case. In this case Cricket Australia argued that in fact they were not negligent in treatment of Nathan Bracken and that is was partly responsible for his knee injury as he put his financial interests ahead of his physical wellbeing. Cricket Australia also told the court that Nathan Bracken was negligent in his own right by not taking care of his injured knee. This rebuttle was made as Nathan Bracken and his wife Hayley appeared in the channel 7 TV series “Dancing with the stars” which they argued would definitely contribute to further knee pain and potential problems. 6. Findings by the Court Fortunately for Cricket Australia and Nathan Bracken, they were able to mediate the situation before the judge had to make a ruling. As a result there was an out of court settlement that was undisclosed.
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Both parties have agreed and signed forms that will not allow them to seek further damages or any other payment types. Conclusion: In conclusion, forced to retire due to a chronic knee injury, former Australia bowler Nathan Bracken took his former bosses to the Supreme Court on to battle for lost earnings. Bracken was seeking what was likely to be close to $1 million in wages, medical expenses and damages from Cricket Australia. The former swing bowler argued CA was negligent in allowing him to play with an injury, including two doctors and a physiotherapist who examined him on the claim.
CA defended the claims by suggesting that he did not do anything to help himself recover from the injury. As indicated in the case study above, this was a Civil Law case that had a standard of proof of balance of probabilities. Nathan Bracken was seeking damages from Cricket Australia as he believed the medical staff were negligent in dealing with his injured knee which forced him into early retirement. This case was settled out of court through arbitration and both parties seem to be satisfied with the outcome.
