News emerged earlier this month that the Cats had inserted a clause into Kolodjashnij's contract that effectively saw the player assume full legal responsibility from the club for any future brain injuries or trauma that would come directly from his employment as a footballer at Geelong.
The Cats cancelled the waiver in the days following the news as a firestorm erupted around what at the time appeared to be an attempt to waive their duty of care as an employer and potentially avoid a future legal suit.
Kolodjashnij identified himself as the player during the mounting speculation, revealing that he approached club management with the offer in a bid to stay on at the club beyond 2024 following a lengthy history of on-field concussions.
The 209-game one-club player returned to training this Tuesday as Geelong's VFL side prepares for their finals campaign as flag favourites after finishing on top of the ladder with 16 wins from 18 games.
The AFL commissioned James Peters KC to look into the incident as well as Geelong's unpublicised response to the league's 'please explain' and Peters cleared the Cats of any wilful wrongdoing.
Peters concluded that Geelong "did not intend to conceal the existence of the agreement or deceive the AFL", did not enter into the agreement with the intent of mitigating their legal liability, and did not coerce Kolodjashnij into signing the letter.
The review also found that Geelong had consulted carefully and extensively with a whole range of interested parties such as club doctors, insurers, lawyers as well as Kolodjashnij and his family before drawing up the contract alteration.
Nonetheless, Geelong had been found guilty of breaching AFL Rules 4.3(a) and 28.3(c) by not lodging the contract variation with the AFL or the AFL Players' Association.
The AFL Commission responded to the review by handing down a $100,000 fine to Geelong in addition to activating a suspended fine of $40,000 that was instituted last October in response to Geelong's controversial third-party agreements regarding player payments.
Geelong CEO Steve Hocking and former Cats President Craig Drummond, now the AFL Commission chair, were also cleared of any wrongdoing by the review.
“I was president of the Geelong football club in 2024,” Drummond said earlier this month.
“This was an extremely complex and sensitive matter, and obligations to both the player and the club were very carefully considered by the Geelong board.
"Jake’s welfare was central to all discussions and I have been thinking of him particularly over the past few days.
“While the player was medically cleared to play, the club engaged in lengthy discussions including with him, his family, doctors and insurers about his future and the potential risks of returning to play.
“Regardless of the player’s agreement, the club went too far in adding a waiver into an informed consent document and it will be removed.”
Aaron Murphy has been with Flashscore since 2018 and, as the founding editor of the Australian newsdesk, has reported on-site at several major events in Melbourne including the Australian Open, State of Origin, A-League, NBL and international cricket. You can read his pieces here and contact him on X or LinkedIn.
