MacGill, Cricket Aust in talks over pay
Former Test spinner Stuart MacGill will enter talks with Cricket Australia in a bid to resolve claims he is owed more than $815,000 in match payments and salary dating back almost a decade.
The 46-year-old has taken action in the Victorian Supreme Court, alleging he was never paid the money owed to him after injury skittled his Australian career in May 2008.
On Monday, he and Cricket Australia (CA) agreed to mediation to resolve the impasse, before a planned four-day trial in August.
According to MacGill's amended statement of claim, during June 2007-08 he suffered injuries and complications of existing injuries while playing for Australia between 1998 and 2006.
The complaints included numbness and pins and needles in both hands meaning he was unable to bowl at his best.
MacGill said swelling and pain in his right knee hampered his running ability, while shoulder soreness and numbness impacted his all-round form in the field.
CA is contesting that claim.
MacGill says he failed to receive injury payments from CA for the month of June 2007 and injury payments for the financial year 2008/09.
He argues CA failed in its duty of care because it did not take any or enough care to avoid reasonably foreseeable risks of injury. He further claims the body failed to take any or reasonable steps to ensure he got immediate and effective attention and treatment, claims denied by CA.
MacGill, who represented himself in court on Monday, is seeking $24,750 for the month of June, 2008 plus retainer payments of $297,000 for 1 July 2008 to 30 June 2009.
He also seeks tour payments of $423,045 for 15 Test matches played offshore, plus $70,400 for 11 home Tests.
Cricket Australia insists its agreement with MacGill ended on or around June 3, 2008 with the consent of all parties, after he retired from international cricket.
It denies MacGill's playing contract continued after that date or that it breached a duty of care to him or neglected to pay him injury payments.
The agreement with MacGill between 1998 and 2006 placed a number of obligations on him, including that he do his best to keep himself in top physical condition, CA added.
It denies MacGill is entitled to any relief claimed, saying at the date of signing each contract, he was not suffering any injuries that may have rendered him incapable of playing.
The matter was adjourned for trial on August 14, if the matter fails to resolve.
© AAP 2017