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Nicky Winmar could help lead racism class action against AFL


Lawyer Mark Costello, representing the AFL, questioned why Winmar should be allowed to join Krakouer as a lead plaintiff, arguing the case had not progressed in 18 months. He also said he doubted whether Winmar would take a more prominent role.

“We think it will transpire that that gentleman will not be joining as plaintiff,” Costello said.

He also said the AFL was concerned about the potential of “ongoing harm” for those mentioned in Krakouer’s statement of claim.

Margalit Injury Lawyers have secured class-action specialist Melanie Szydzik, SC, to help with the case. Szydzik said she was confident she would meet the April 24 deadline for when an amended statement of claim and revised pleading needed to be submitted.

Keogh said he understood the AFL’s frustration with the delay, but gave Szydzik the time needed to provide revised documents.

Five clubs – Geelong, Collingwood, Carlton, Essendon and North Melbourne – were represented in court by Philip Solomon, KC. Solomon argued Krakouer’s claims may not be relevant to all or some of the clubs. The clubs have initially been named because of alleged incidents on and/or off the field.

The racism class action was lodged in March last year, involving historical claims made by the Krakouer brothers, who played for the Kangaroos between 1982 and 1989. In his statement of claim, Phil Krakouer has alleged he was the victim of verbal and physical abuse in the majority of the 141 games he played, particularly away games.

Four-time Essendon premiership coach Kevin Sheedy, who pioneered Dreamtime at the ’G, was named in the legal action, along with other Bombers and Blues premiership players. Sheedy last year strongly denied the allegations, describing them as “totally inaccurate” and “hurtful”. “My track record stands for itself in this regard,” he said.

The statement of claim lodged in court alleges former players Terry Daniher, Rod Austin, Billy Duckworth and Wayne Johnston were among those who targeted Phil Krakouer. The former players are yet to respond to the allegations, but the AFL’s defence to the class action is likely to address the allegations made against the individuals.

It is alleged Phil Krakouer was regularly called racist names and terms by opposition players and spectators, and was physically attacked by players who wanted him to respond so that he ceded a free kick. The claim also alleged that spectators threw beer cans at Phil Krakouer on multiple occasions and that, in April 1982, his brother was struck by a can thrown while his brother was being abused.

Jim and Phil Krakouer were stars for North Melbourne. Phil is the lead plaintiff in a class action against the AFL for damages due to the racism they endured during their careers.

Jim and Phil Krakouer were stars for North Melbourne. Phil is the lead plaintiff in a class action against the AFL for damages due to the racism they endured during their careers.Credit: John O’Gready

Margalit Injury Lawyers has been redrawing its statement of claim to see if it can include all clubs under Australia’s Racial Discrimination laws which came into force in 1975.

The class action is open to more than 1000 former VFL/AFL Indigenous players and their families.

The AFL has said it will fight the claims. In a statement in March last year, the AFL said: “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.

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“And for that we have apologised and continue to apologise and will continue to act to address that harm.”

The statement added: “We do not agree with the claims that the VFL/AFL has been conducted negligently over the past 47 years and we will defend those claims.”

Margalit Injury Lawyers are also the firm behind a concussion class action against the AFL.


Lawyer Mark Costello, representing the AFL, questioned why Winmar should be allowed to join Krakouer as a lead plaintiff, arguing the case had not progressed in 18 months. He also said he doubted whether Winmar would take a more prominent role.

“We think it will transpire that that gentleman will not be joining as plaintiff,” Costello said.

He also said the AFL was concerned about the potential of “ongoing harm” for those mentioned in Krakouer’s statement of claim.

Margalit Injury Lawyers have secured class-action specialist Melanie Szydzik, SC, to help with the case. Szydzik said she was confident she would meet the April 24 deadline for when an amended statement of claim and revised pleading needed to be submitted.

Keogh said he understood the AFL’s frustration with the delay, but gave Szydzik the time needed to provide revised documents.

Five clubs – Geelong, Collingwood, Carlton, Essendon and North Melbourne – were represented in court by Philip Solomon, KC. Solomon argued Krakouer’s claims may not be relevant to all or some of the clubs. The clubs have initially been named because of alleged incidents on and/or off the field.

The racism class action was lodged in March last year, involving historical claims made by the Krakouer brothers, who played for the Kangaroos between 1982 and 1989. In his statement of claim, Phil Krakouer has alleged he was the victim of verbal and physical abuse in the majority of the 141 games he played, particularly away games.

Four-time Essendon premiership coach Kevin Sheedy, who pioneered Dreamtime at the ’G, was named in the legal action, along with other Bombers and Blues premiership players. Sheedy last year strongly denied the allegations, describing them as “totally inaccurate” and “hurtful”. “My track record stands for itself in this regard,” he said.

The statement of claim lodged in court alleges former players Terry Daniher, Rod Austin, Billy Duckworth and Wayne Johnston were among those who targeted Phil Krakouer. The former players are yet to respond to the allegations, but the AFL’s defence to the class action is likely to address the allegations made against the individuals.

It is alleged Phil Krakouer was regularly called racist names and terms by opposition players and spectators, and was physically attacked by players who wanted him to respond so that he ceded a free kick. The claim also alleged that spectators threw beer cans at Phil Krakouer on multiple occasions and that, in April 1982, his brother was struck by a can thrown while his brother was being abused.

Jim and Phil Krakouer were stars for North Melbourne. Phil is the lead plaintiff in a class action against the AFL for damages due to the racism they endured during their careers.

Jim and Phil Krakouer were stars for North Melbourne. Phil is the lead plaintiff in a class action against the AFL for damages due to the racism they endured during their careers.Credit: John O’Gready

Margalit Injury Lawyers has been redrawing its statement of claim to see if it can include all clubs under Australia’s Racial Discrimination laws which came into force in 1975.

The class action is open to more than 1000 former VFL/AFL Indigenous players and their families.

The AFL has said it will fight the claims. In a statement in March last year, the AFL said: “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.

Loading

“And for that we have apologised and continue to apologise and will continue to act to address that harm.”

The statement added: “We do not agree with the claims that the VFL/AFL has been conducted negligently over the past 47 years and we will defend those claims.”

Margalit Injury Lawyers are also the firm behind a concussion class action against the AFL.

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