A Victorian Supreme Court judge has advised former Australian Test cricketer Stuart MacGill to obtain legal advice after he represented himself in a short hearing in his case against Cricket Australia.
MacGill is suing the sport’s national governing body over claims it failed to pay him injury payments after his retirement from test cricket in May 2008.
The case is headed for mediation, but if the parties do not agree to a settlement it will go to trial in August.
MacGill appeared nervous as he addressed Justice Michael McDonald from the bench at a short hearing to work through several legal issues.
He told the hearing he was not aware the court could not order mediation unless he had legal representation.
“I’m not representing myself because I have to but now I just have to try to work out … if the numbers stack up,” he said.
Justice McDonald advised MacGill to “engage with lawyers” even if it was only for the purpose of obtaining legal counsel for court-ordered mediation.
Otherwise, the case was likely to go to private mediation by the end of next week which meant it would have to be organised between MacGill and lawyers for Cricket Australia, and would not be overseen by the court.
In a writ filed in 2015, MacGill claimed he suffered multiple injuries during his career and had ongoing health problems.
He claimed numbness in his hands, swelling and pain in one of his knees, as well as shoulder pain which ended his Test career.
The writ stated Cricket Australia failed to make $1.6 million of required payments after MacGill retired.
He is also suing for more than $900,000 in interest.
The hearing was also told Cricket Australia does not dispute the fact MacGill retired due to injury.
Instead it claimed he did not fulfil his contractual obligations and therefore was not eligible for injury payments.
MacGill took 208 Test wickets for Australia, averaging 29.02 with the ball.