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angelopetraglia
22-03-2024, 02:33 PM
Dementia, CTE symptoms, early Parkinson?s, depression: Former Bulldog Nigel Kellett living a concussion nightmare

Dementia, CTE symptoms, early Parkinson’s, depression: Former Bulldog Nigel Kellett living a concussion nightmare

Former Bulldog Nigel Kellett is only able to remember only fragments of his 154 games in red, blue and white due to repeated head knocks. Kellett and partner Sue Rudolph tell their harrowing story to MARK ROBINSON.

Former Bulldog Nigel Kellett is only able to remember only fragments of his 154 games in red, blue and white due to repeated head knocks. Kellett and partner Sue Rudolph tell their harrowing story to MARK ROBINSON.

Nigel Kellett, the former Bulldog, sits in a comfy chair in his living room in Newport.

He looks normal. Short-haired, fit and healthy.

Then you notice the little things. Like, his face doesn’t move. He doesn’t smile. His eyes wander to the ceiling, to the walls and to the floorboards.

He's searching for words, Kellett’s partner Sue Rudolph says.

He's lost his language.

At 54, he has frontotemporal dementia (FTD), and CTE symptoms, depression and early Parkinson’s disease, a horror-show of symptoms that neurological experts say he has likely acquired from repeated collisions and subclinical concussions suffered during a 10-year career with the Western Bulldogs.

At home in Newport, Kellett struggles to recapture even fragments of what should be momentous and vivid memories.

Robinson: What’s happened Nigel?

Kellett: (long pause) I can’t remember 99 per cent of people and other stuff.

Do you remember playing (1989-1997)?

Kellett: Not really. Watching Foxtel (old games), I can’t remember 90 per cent of the players.

Sue: I tell him who they are. He has flashes. He’ll remember that he dropped a mark and Billy Brownless kicked the goal in a final in 1994.

How do you feel about having memory loss?

Kellett: (long pause) will tell you this because I can’t remember where I played. I know where it is (on the ground), but I can’t remember what it is.

On the wing?

Kellett: Yes, that’s it.

Can you remember your coaches?

Kellett: Terry Wallace and Terry Wheeler. I can’t remember the other bloke, I think he came from Hawthorn.

Can you remember Mick Malthouse?

Kellett: No . is that the Hawthorn bloke

No, that was Alan Joyce.

Kellett: Who’s the bloke you said

Mick Malthouse?

Kellett: Who’s that

He coached you at Footscray, then coached West Coast, Collingwood and Carlton

Kellett: Oh, yeah, that was my first one.

Can you remember who your captains were

Kellett: (long pause) Is it Doug Hawkins? (long pause) there’s one who was a mate of mine, he won the Brownlow.

Scott Wynd. There was another Bulldog who won a Brownlow Medal when you were there.

Kellett: (long pause)

Short fella?

Kellett: I don’t know where someone else won it.

Tony Liberatore?

Sue: You know, Libba.

Kellett: Ohhh Libba. Do you know the best player was Scotty West. His son is playing now, Rhylee.

Do you remember Brad Johnson?

Kellett: Brad Johnson (whispers) Brad Johnson (whispers). Um, I think that was the one. When he started training, he was in Hoppers Crossing, because that’s where I was from. Thats right, he’s on Foxtel.

Sue: There’s little sparks there, it’s really nice.

That is a snapshot of Kellett’s world. At one time he was an exuberant, happy and popular teammate, and before that a school prefect and captain of the first XVIII at Geelong College.

Now, he is a ghost of sorts.

Kellett also suffers depression, isolation and a low sense of worth. But it’s the words, the language, the people he once knew, that hide from him. Somewhere in his banged-up brain is another lifetime that he cannot find, and it can’t find him.

He's good with numbers, though. He plays sudoku every day and enjoys a punt. He places multibets for $10 a throw. But like most punters, if Kellett loses he chases.

It's not just the memory loss, it’s impulsivity, Sue says. Impulsivity is a symptom of his FTD (dementia). I don’t mind Nige doing the multis because that’s research and brain work.

Numbers are a different part of the brain to words. The brain is a mysterious organ and we know that different parts are responsible for different functionalities.

Nige’s condition is located in the front part of the brain. That part of his brain has severely shrunk think a sun-dried tomato compared to a ripe, plump tomato.
The frontotemporal is responsible for emotion, memory, empathy, words, mood and behaviour. It is also contributes to his suicidal thoughts.

THE PLAYER

Kellett played 154 games all-up in the seniors and reserves at the Whitten Oval. He wasn’t an in-and-under type, but he wasn’t timid either.

Nigel was a flashy ball carrier, a good user of the footy, Terry Wallace says, not knowing Kellett’s current state. In today’s footy, he would be a high metres-gained (player).

Him and his family were totally committed to the club. Probably one of my coaching regrets was to let him go (in 1997). His commitment to the club should have given him the right to fight for his position. It hurt the family.

Kellett was never completely knocked-out in his career, but he suffered multiple concussions. There are limited medical records from back then. But it was recorded in his 100th game that he took a heavy knock. I got crunched and got a bit of blurred vision,? he told the media at the time. There was not much point staying on (the ground).

Another time, he had an eye socket smashed in a game in 1994. He returned to the field that day and after the game was taken to emergency by his father, Doug.

Sue didn’t know Kellett, the footballer. They met at a Sunday session in 2016 at the Vineyard in St Kilda. Their first official date was at ex-Bulldogs teammate Paul Dimattina’s restaurant. We had a lot of fun initially, Sue said. But we had a lot of challenges along the way because Nigel had these emotional outbursts. We didn’t know it was early dementia. He had no filter. He would say things that were offensive to people. It was like he had two personalities. You’ve got this beautiful man who is kind, funny, clever, really caring and generous. And then you had this impulsivity, like some sort of Tourette's with words, and a lack of empathy for example.

His outbursts cost him friendships. He’s lost a lot of them (friends) and I don’t blame them because Nigel was sometimes out of control, Sue said. We knew something was wrong with Nige we knew he had mental health problems but he was misunderstood and misdiagnosed. On the other hand, he was still a kind, beautiful, gentle man.

One night, bouncers at the Young & Jackson hotel swooped on him because he was falling asleep at the bar. Kellett erupted. They kicked him out. The police came. Sue was overwrought as she tried to tell them Kellett had mental-health issues. Their night ended in the lockup.

We got home and we both cried, hugging each other, Sue said.

She cried again telling the story, while Kellett sat in his comfy chair and didn’t say a word.

Words are stuck all over the house to help Kellett remember things. There are stickers on the fridge?, the ?water?, the pantry?, car keys?, drawer?, table?, chair? and glass door??.

I label everything, so it’s not just a thing, Sue says.

In the bathroom, there’s a cheat sheet to help Kellett know what is deodorant and what is moisturiser and what they are for and there’s another cheatsheet on how to defrost frozen meals. It’s childlike with its simplicity.

LIVING IN FEAR

Kellett has attempted suicide and continues to think about killing himself.

At different times, there’s been a rope, a belt and a knife. Once, he was found by a family member at the place he wanted to end his life. Also, he has sent money and emails to family members with his suicide plans and basic suicide notes have been found his car.

This is graphic and hard to talk about, Sue says. He was institutionalised after two attempts and hospitalised after other attempts or plans. And Sue has dealt with others attempts at home.

Sue describes caring for Kellett as being in a constant state of hyper-vigilance. She herself was in hospital for five weeks last year after suffering an intense panic attack.

She stutters when she is anxious or fretful. She stutters now.

I ended up in the clinic for five weeks in care. They told me it was a manifestation of trauma, carer burnout and ambiguous loss associated with Nigel’s dementia, she says.

When she was in hospital, Kellett was cared for by family and friends, and National Disability Insurance Scheme workers checked on him regularly.

Kellett hasn’t worked for three years and Sue, at the time, held a senior role at a global software company. She now works two days a week.

Hyper-vigilance is back I’m too scared to go to the office now. I work from home mostly, she says, crying.

I’m mostly consumed with thinking about Nige. He talks about there being no purpose for him. I’m sad for his loneliness and dark thoughts. All you think about is killing yourself, you say that, don’t you darl

Kellett: What?

Back to the question and answer.

Robinson: How often are you thinking about that, Nigel?

Kellett: Consistently.?

Why?

Kellett: (long pause) ? I was 100 per cent doing it a week before the Grand Final last year.?

Why do want to kill yourself?

Kellett: Because there’s nothing to do because (long pause) my memory is no good. I know everyone dies at some stage.?

WHERE’S THE AFL?

Eighteen months ago, Kellett and Sue met with Peter Gordon who, as well as being the Western Bulldogs president when Kellett was at the club, was also representing the AFL in his case. A legal document signed by Gordon in November 2022 declared that Kellett would receive a monthly allowance and be also eligible for significant capital provisions, a figure believed to be more than $1 million.

Gordon wrote the arrangement would be bedded down in the first half of 2023 when the AFL was expected to complete its new hardship scheme

The monthly payments are being paid. The lump sum has not.

For the past 12 months, the situation has been lost in a quagmire of legal emails.

Also, impassioned letters and text messages from Sue to the AFL?s leadership ? to Andrew Dillon, Richard Goyder, Stephen Meade and Brian Walsh ? have been largely ignored.

Sue says the AFL is effectively demanding that Kellett jump through hoops that were never part of Gordon’s original deed.

The AFL was on Friday contacted for comment.

It's rolled on and on, Sue said. The financial situation is dire. I’m trying to have a semblance of a relationship with Nige before his lights go out, in so far as he can’t talk anymore.

Kellett has the same disease as Hollywood star Bruce Willis.

A recent meeting with a leading neurologist shared the gruesome prognosis that people with FTD of this variant typically live between seven and 12 years, sometimes longer, sometimes less. Sue has been told Kellett has likely lived with the disease for about nine years.

We don’t have a long future together, she says. We don’t get to grow old together. We just have the now.

In recent correspondence to AFL executives, I asked what they’d do if they were me and Nigel was their partner. I expect the AFL to uphold their word and deliver on what they promised.

That they haven’t is shameful.

You’d think an organisation like the AFL, would have the integrity, morals and ethics to honour their word. I don’t get why we’re still waiting.

SUPPORT GROUPS

Sue knows she’s not the only wife or partner living with a former player who is dysfunctional because of repeated head-knocks suffered when they were playing.

She’s on the board of the Community Concussion Research Foundation and through that group is planning to start support groups.

For Kellett, she hopes his former mates can forgive him for his outbursts, which itself is muddling because he has forgotten why they dumped him in the first place.

I’m looking for those people to have an understanding about why Nige acted like he did, and I’m hoping for compassion and forgiveness,?? Sue says.

He behaved like he did because his brain was impacted. He needs social engagement, and yes, I know it’s awkward.

Men like Nigel need to come together, she adds, ?and we will build a support group for wives and partners who are also going through this hyper-vigilance, so we can share stories, build trust and hold hands.

The AFL knows about Nigel’s brain damage. They?ve seen his medical file and reports. Gordon Legal has seen him in person.

We spoke to Peter (Gordon) earlier in 2022. He knew Nige as a loveable, popular, happy, friendly person, and he knew Nige’s parents. When he saw Nige, he appeared blown away by Nigels decline.

The AFL promised to help provide financial support and, yes they have with the allowance, and we are grateful, but we need more and we need it fast because time is running out.

For the 90 minutes of this interview, Nigel sat in his comfy chair and barely spoke 300 words.

When asked who the current Bulldogs coach was, he smiled slightly because, presumably, he found the words so easily.

Luke Beveridge?, he said.

And who’s the captain?


His name is Marcus Bontempelli.

Kellett: He wears No. 4 doesn’t he? Because that was me, I was No.4.?

angelopetraglia
22-03-2024, 02:41 PM
Such a difficult article to read. So sad. Seeing your boyhood heroes age is hard let alone them succombing to such a terrible disease.

The Underdog
22-03-2024, 02:48 PM
Christ that's grim.
Feel terrible for the both of them. I hope the AFL can find it in themselves to help the people damaged by the game and not make an awful situation even worse for them.

angelopetraglia
22-03-2024, 02:59 PM
Christ that's grim.
Feel terrible for the both of them. I hope the AFL can find it in themselves to help the people damaged by the game and not make an awful situation even worse for them.

Bruce Willis didn't play football and has the same disease. Is the game really responsible for this? I know that sounds really, really harsh, but I'm not too sure anyone really knows the anwser to that.

He said he was never knocked out cold. He had a few nasty head knocks. But you can get them doing so many other things too. Skateboarding, surfing, skiing, motor racing, horse racing etc. All those people don't develop these type of symptons. Also, plenty of footballers who played the game on the edge and took a lot of nasty knocks don't end up like poor Nigel Kellett.

I'm not saying the game didn't lead to his current situation. But I don't think it is straightforward. There is a lot to still understand.

It is so complex. But I can understand that in their situationt they are looking for compensation from a game that makes a lot of money. We would all probably do the same.

mighty_west
22-03-2024, 03:09 PM
That's heartbreaking, knew Nige when we were younger playing cricket against him (Hoppers Crossing) and with him in rep sides in juniors and seniors being the same age, wonder if he get's to watch his son Josh play for Footscray.

Grantysghost
22-03-2024, 03:10 PM
My dad died with FTD.

I shed a tear reading that.

It didn't have the cool acronym when he was battling in the late 2010s, early 2020s. Was just fronto temporal demetia.

The person you knew is gone, there's glimpses; for the most part however it's a completely different human with a new disturbing personailty. Never settled, never comfortable, constantly anguished.

I hope a high profile case like Bruce Willis will raise awareness and pump more money into research. At times I get annoyed with the AFL(and this is very cynical) and the AFLs approved disease MND because so many other diseases need that type of exposure.
I realise it's a great cause though and hope others can somehow get that level of support.

Nigel is so young.

The league has a massive issue on its hands.

Grantysghost
22-03-2024, 03:20 PM
Article

https://archive.is/mTRUz

josie
22-03-2024, 04:18 PM
Article

https://archive.is/mTRUz

Just horrible. Nigel was born in 1969 so he is only in his mid 60?s. Agree there needs to more research.

You?ve got to wonder if in 30 or 50 or 100 years time footy will be played at all, at least anything like our current form. Yes the AFL is wealthy but I can also see the type of compensation ex players are/will seek will be huge.

GVGjr
22-03-2024, 04:28 PM
Just horrible. Nigel was born in 1969 so he is only in his mid 60?s. Agree there needs to more research.

You?ve got to wonder if in 30 or 50 or 100 years time footy will be played at all, at least anything like our current form. Yes the AFL is wealthy but I can also see the type of compensation ex players are/will seek will be huge.

Mid 50's Josie.
A former boss of mines best friends wife is late 40's and she's been diagnosed as medium level of dementia.

SonofScray
22-03-2024, 05:27 PM
That’s a really distressing read.

I’m not sold on the way these experiences are all being framed around CTE and concussions, it’s an issue, for sure, but I feel like it’s more driven by OHS compliance and liability than any real concern for health and well-being.

Feel for Nige, he was one of my favourite players when I was a little tacker.

angelopetraglia
22-03-2024, 05:37 PM
That’s a really distressing read.

I’m not sold on the way these experiences are all being framed around CTE and concussions, it’s an issue, for sure, but I feel like it’s more driven by OHS compliance and liability than any real concern for health and well-being.

Feel for Nige, he was one of my favourite players when I was a little tacker.

Agree with all of that.

Loved watching him run around the Whitten Oval with that pace. Race horse!

DOG GOD
22-03-2024, 05:53 PM
A very sad read. Was always one of my fave players to watch.

It may take 5-10 years, but I can see future players entering the AFL being forced to sign a ?injury? waiver before playing 1 game. Players are aware that head knocks can happen. I can?t see the AFL going forward to open them up to suits when head knocks are unfortunately part of the game.

And if it is a real issue going fwd, then why aren?t helmets mandatory. ?

G-Mo77
22-03-2024, 05:55 PM
That is bloody awful to read. Nige was one of my favs when I was young. I'm pretty sure I had his #4 on my back at one stage. A long sleeved woollen jersey.

I'm currently suffering from trauma in the scone. I had a stroke mid October last year and while physically I am fine the lasting effects have been vertigo, fatigue, confusion and memory loss which has been the worst. I can understand the dark thoughts and places that follow because at times I felt totally worthless but again in comparison it is nowhere near what he's going through. There is not much you can say but just hope the family eventually finds peace in this situation. Really sad read. :(

ledge
22-03-2024, 06:06 PM
I heard rumours a few years ago he was an angry man at times. This explains it.

Axe Man
22-03-2024, 06:24 PM
And if it is a real issue going fwd, then why aren?t helmets mandatory. ?

Because helmets do bugger all to prevent your brain rattling around in your head. They might prevent a fractured skull but that's about it. American football and their almost motorbike helmets are a case in point.

In fact there is a school of thought that helmets could actually make things worse as players incorrectly assume they offer protection and are even more reckless in approaching contests.

josie
22-03-2024, 06:29 PM
Mid 50's Josie.
A former boss of mines best friends wife is late 40's and she's been diagnosed as medium level of dementia.

Yeah-typo - I knew Nigel was younger than me playing with Johnno etc. There?s a sweet woman at my 95 yo mum?s aged care who looks to be in her maybe late 40s maybe 50s. Said she was a primary schoolteacher, charming person. I thought she was visitor and my Mum explained she has early dementia. She met my Mum one day and forgot about meeting her the next. Bloody awful.

josie
22-03-2024, 06:33 PM
Because helmets do bugger all to prevent your brain rattling around in your head. They might prevent a fractured skull but that's about it. American football and their almost motorbike helmets are a case in point.

In fact there is a school of thought that helmets could actually make things worse as players incorrectly assume they offer protection and are even more reckless in approaching contests.

To back up Axe Man here?s a good, recent article:
https://amp.theguardian.com/sport/2023/apr/26/wearing-headgear-for-sport-does-not-protect-against-concussion-australian-experts-warn

FrediKanoute
23-03-2024, 12:31 AM
Because helmets do bugger all to prevent your brain rattling around in your head. They might prevent a fractured skull but that's about it. American football and their almost motorbike helmets are a case in point.

In fact there is a school of thought that helmets could actually make things worse as players incorrectly assume they offer protection and are even more reckless in approaching contests.

True. When our youngest started tackle rugby we looked into it. The stop cauliflower ears and possibly head wounds etc, bu that is about it

Topdog
23-03-2024, 09:38 AM
wow that was a tough read, feel incredibly bad for Nigel

jeemak
24-03-2024, 01:52 AM
The AFL and the public needs to tread carefully here, but not as much as the media does. That was a terrible read and I hate what is happening to Nigel and those around him who are impacted.

I recently lost my father to Alzheimer's disease, or more specifically (or generally), the difficulties and complications that occur when stricken by it and other ailments take hold.

He was 78, and it was a pretty text book progression from diagnosis, to "sundowner" symptoms, madness, anger, the lot. It was horrible.

But it can always be worse. My best mate's ex-partner, mother of his three kids never played sport and was struck with early onset dementia four or five years ago (time flies when you're having fun, right) and she didn't experience any head trauma over the journey. Another friend's father suffered from it and died rapidly in his sixties (after the court cases for fraud and jail).

These sorts of articles aren't helpful in the current climate and I question the motivation, not of Nigel and his partner, but the author.

josie
24-03-2024, 10:20 AM
The AFL and the public needs to tread carefully here, but not as much as the media does. That was a terrible read and I hate what is happening to Nigel and those around him who are impacted.

I recently lost my father to Alzheimer's disease, or more specifically (or generally), the difficulties and complications that occur when stricken by it and other ailments take hold.

He was 78, and it was a pretty text book progression from diagnosis, to "sundowner" symptoms, madness, anger, the lot. It was horrible.

But it can always be worse. My best mate's ex-partner, mother of his three kids never played sport and was struck with early onset dementia four or five years ago (time flies when you're having fun, right) and she didn't experience any head trauma over the journey. Another friend's father suffered from it and died rapidly in his sixties (after the court cases for fraud and jail).

These sorts of articles aren't helpful in the current climate and I question the motivation, not of Nigel and his partner, but the author.

Good points. Hoping there?s a lot more research & statistical analysis so we can make more informed decisions & judgements of causes & effects etc.

Bulldog4life
24-03-2024, 11:58 AM
The AFL and the public needs to tread carefully here, but not as much as the media does. That was a terrible read and I hate what is happening to Nigel and those around him who are impacted.

I recently lost my father to Alzheimer's disease, or more specifically (or generally), the difficulties and complications that occur when stricken by it and other ailments take hold.

He was 78, and it was a pretty text book progression from diagnosis, to "sundowner" symptoms, madness, anger, the lot. It was horrible.

But it can always be worse. My best mate's ex-partner, mother of his three kids never played sport and was struck with early onset dementia four or five years ago (time flies when you're having fun, right) and she didn't experience any head trauma over the journey. Another friend's father suffered from it and died rapidly in his sixties (after the court cases for fraud and jail).

These sorts of articles aren't helpful in the current climate and I question the motivation, not of Nigel and his partner, but the author.

So sorry to hear about your dad Jee.

jeemak
24-03-2024, 12:13 PM
So sorry to hear about your dad Jee.

Thanks mate. Sad, but OK.

GVGjr
24-03-2024, 12:41 PM
The AFL and the public needs to tread carefully here, but not as much as the media does. That was a terrible read and I hate what is happening to Nigel and those around him who are impacted.

I recently lost my father to Alzheimer's disease, or more specifically (or generally), the difficulties and complications that occur when stricken by it and other ailments take hold.

He was 78, and it was a pretty text book progression from diagnosis, to "sundowner" symptoms, madness, anger, the lot. It was horrible.

But it can always be worse. My best mate's ex-partner, mother of his three kids never played sport and was struck with early onset dementia four or five years ago (time flies when you're having fun, right) and she didn't experience any head trauma over the journey. Another friend's father suffered from it and died rapidly in his sixties (after the court cases for fraud and jail).

These sorts of articles aren't helpful in the current climate and I question the motivation, not of Nigel and his partner, but the author.

Thanks for sharing Jee and my deepest condolences.
I do some volunteering at an aged care facility and I know its a challenging time for the next of kin and family of Dementia sufferers. You wouldn't wish it upon anyone.

Axe Man
02-05-2024, 09:14 AM
AFL says it has no obligation on payout to Nigel Kellett as former Bulldog battles concussion effects (https://www.heraldsun.com.au/sport/afl/afl-says-it-has-no-obligation-on-payout-to-nigel-kellett-as-former-bulldog-battles-concussion-effects/news-story/edf4b8d4c1f81dd0812ba5a402b75af7)

The response from AFL legal representatives relating to the promise of a payout for 'significantly brain-damaged' former Bulldog Nigel Kellett has been labelled 'condescending' by his lawyer.

Compensation for brain-damaged Nigel Kellett is in jeopardy after the AFL this week said an agreement was never made for a million-dollar pay out to the former Western Bulldogs player.

Secret emails from AFL lawyers ? one dated November 2022 and the second dated April 2024 ? appear to be at odds over a proposed payment to Kellett.

Kellett?s lawyers are ?incredibly frustrated? as they seek compensation that they believe was promised to him. The AFL now says a promise was not made and that it did not have ?any obligation? to pay Kellett a lump payment.

Kellett, 54, has frontotemporal dementia, CTE symptoms, depression and early Parkinson?s disease, which neurological experts say he has likely acquired from repeated collisions during a 10-year career with the Bulldogs.

Kellett?s lawyer John Edgar said: ?I?m incandescent ?. I?m so frustrated. The AFL is not honouring the obligation communicated by Peter Gordon.?

Gordon?s email of November 2022, said Kellett would be eligible for compensation under a new hardship scheme that was expected to be available in early 2023.

8 November 2022 - Letter to Nigel Kellett from AFL
8 November 2022
Private and Confidential
Dear Nigel and Sue
Financial assistance scheme for former AFL players
As you both know, Gordon Legal acts for the AFL. We have been authorised to inform you as follows: (IN PART)
● Nigel ? you undeniably have an extremely serious injury and you are also in financial need. The AFL is prepared to presume in your favour that playing AFL football made a contribution to your brain injury. The AFL does not require to receive any further medical evidence or proof.
● ? under the scheme as we propose it, you will be eligible for significant capital provision. While we cannot nominate a precise number for this capital sum ? you would likely be entitled to a total amount in excess of (redacted) but less than (redacted).
● We certainly hope the new arrangements will be bedded down in the first half of next year (2023), and in the interim, that the urgent provision of (redacted) per month ? is of some assistance
Yours faithfully
Peter Gordon, Senior Partner, Gordon Legal

?The provisional assessment we have made is that under the scheme as we propose it,

you will be eligible for significant capital provision. While we cannot nominate a precise

number for this capital sum for you now, under the model we are working towards, you

would likely be entitled to a total amount in excess of (redacted) but less than (redacted),?? the email said.

Gordon also said the AFL would start paying a monthly allowance to Kellett ? which it did.

But an email this week from lawyer Andrew Grech, who also represents the AFL, said an ?enforceable agreement? was never made, which required the AFL to ?make any payment to Nigel whether a lump sum or otherwise?.

29 April 2024 - AFL's 'moral backflip'
29 April 2024
Private and Confidential
Dear Colleagues
Your Client ? Nigel Kellett
● You have incorrectly asserted that the Gordon Legal letter of 8 November 2022 forms the basis of an enforceable agreement that the AFL will pay Nigel a lump sum of (redacted) or more. This is simply not correct.
● There is no agreement that the AFL will make any payment to Nigel, whether a lump sum or otherwise ? there is no legal basis for you, or Nigel, or Mr (Peter) Jess to claim that the AFL has any obligation to pay Nigel a lump sum or any other amount.
● We would like to move on in a constructive way with seeking to assist Nigel but it is pointless and a waste of everybody?s time and resources to ? press a hopeless claim.
Please confirm with us that you and your client make no claim that there has ever been any agreement or offer to pay Nigel a (redacted) lump sum in addition to the benefits the AFL is already providing ? is volunteered and is not the subject of an agreement or legal obligation.
Yours faithfully
Andrew Grech, Partner, Gordon Legal

Grech said the monthly payments to Kellett were ?volunteered? by the AFL and were not ?subject of an agreement or legal obligation?.

?We would like to move on in a constructive way with seeking to assist Nigel but it is pointless and a waste of everybody?s time and resources to do so while you and your client continue to press a hopeless claim,?? Grech said in the email.

?Please confirm with us that you and your client make no claim that there has ever been any agreement or offer to pay Nigel a (redacted) lump sum in addition to the benefits the AFL is already providing.??

Edgar described Grech?s email as ?absolutely, self-evidently condescending?.

Kellett, who has made several attempts at suicide, and his partner Sue Rudolph were ?dumbfounded? by what they believe was a moral backflip by the AFL.

?The response is hurtful and again flies in the face of any integrity the AFL and their lawyers have,? Rudolph said.

?On one hand, they?ve told us a capital sum has been provided for him in the letter of November 2022, then they made us jump through all sorts of hoops ? and we have.

?Then, after we did that, they?ve said ?actually, there?s no claim available that Nige is entitled to and that we never actually said there was?. How does that test their integrity and morals???

Kellett and Rudolph, who do not work, cannot afford to take legal action against the AFL.

Edgar said Kellett and Rudolph had asked for half of the lump sum to pay off their mortgage and make urgent repairs to their home. He said an NDIS report had been sent to the AFL.

He also said he had explored the setting up of a trust, which Gordon said ?would be in their best interests? in his November 2022 email.

?It?s incredibly frustrating,?? Edgar said.

?Peter Gordon?s email ? let?s assume he had authority to say it, didn?t say subject to terms and conditions as long as your arm.

?It?s a continuing source of ongoing frustration that we can?t get confirmation as to a likely date that Nigel would be satisfied to receive a payment.

?If they just write to us and say ?there?s been a mistake here, we?re getting the funds/trustees organised, we?ll have it done by the 31st of whatever month? ?. I think I can sell it to Nigel, but I can?t sell him nothing.?

Kellett?s long-time manager Peter Jess said: ?This is not about where we draw legal lines, this is simply about looking after the health and welfare of a significantly brain-damaged player.

?It is beyond comprehension from any compassionate and humanitarian view that the promises wouldn?t be met.?

Kellett?s father, Doug, said he had contacted AFL chief executive Andrew Dillon, but was yet to get a return phone call.

hujsh
02-05-2024, 09:49 AM
We just said we'd send you some money. We didn't expect we'd have to actually pay. We love money and kind of just assumed you'd forget.

Signed
Your Mate
Dills