“The AFL has the opportunity to lead by the way in which it conducts its defence. We continue to invite Andrew Dillon to engage in realistic settlement discussions, and to meaningfully listen to and understand our clients’ experiences of racism in the game and the permanent harm it causes them and their families.”
The AFL followed up its defence with a statement on Friday, saying it would continue to “work through” the class action and support work against racism and discrimination at all levels of the game.
Nicky Winmar has spoken out against racism.Credit: ABC
“The AFL respects and values all people in our game and is continually working to improve and promote football environments that reflect that respect and maintain standards that are unaccepting of discrimination, in all forms,” the league said.
“As a code, we are privileged to have had hundreds of Aboriginal and Torres Strait Islander players who have played our game. We fully acknowledge during our long history of the game there has been racism in Australian football and that players have been marginalised, hurt or discriminated against because of their race, and for that, we have apologised and continue to apologise and will continue to act to address that harm.
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“We do not agree with the Margalit Lawyers claims that the VFL/AFL has been conducted negligently over the past 47 years and we will defend those claims.”
But Phil Krakouer criticised the league’s response.
“The AFL’s defence hurts,” he said in a statement on Friday.
“We couldn’t defend ourselves against racism in the AFL. We were in an impossible position – if we fought back, we were often reported and suspended. The AFL could have done something and they chose not to.”
The class action has Winmar, the former St Kilda and Western Bulldogs great, and Krakouer, the former North Melbourne star, as the lead plaintiffs. It also includes Krakouer’s brother, James Krakouer.
They are among a group of Aboriginal and Torres Strait Islander VFL and AFL players seeking recompense for alleged racist abuse suffered during their football careers. They allege injury, loss and damage, claiming the AFL failed to provide a culturally safe environment, leaving them susceptible to racial abuse from spectators and opposition players.
To be included in the class action, a player must have featured in the then VFL, and now AFL, from May 1980 to October 9, 2025, and identify as an Aboriginal or a Torres Strait Islander person and be of Aboriginal or Torres Strait Islander descent.
The Supreme Court has ruled that judicial mediation cannot occur before March 16 next year.
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