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. 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...
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