Phil Krakouer law suit to grow into Indigenous class action against the AFL

Andrew Mathieson
Andrew Mathieson Published May 24, 2024 at 2.00pm (AWST)

Legal proceedings by Phil Krakouer and on behalf of his brother Jim and other Indigenous players that were racially abused on the VFL/AFL's football field has reportedly added at least a further six plaintiffs to the class action.

The historical racism claims could impact on every AFL club despite that the VFL career of Phil Krakouer running from 1982 until 1989 with North Melbourne alone.

Lodged in the Victorian Supreme Court back in March of this year, the class action is set to include players that were racial targets from the 1975 VFL season until the end of the 2022 AFL season.

National Indigenous Times has contacted Margalit Injury Lawyers for more information.

The lawyers told the AFL on Wednesday of extending plans to a class action, warning that all of the league's clubs could be under intense scrutiny once the case opens.

Phil Krakouer no longer had an involvement in the VFL past 1990 when it was renamed the AFL to reflect the competition had expanded outside of Victoria, but the unnamed players keen to join in the class action could potentially involve Adelaide (since joining in 1991), Fremantle (1995), Port Adelaide (1997), Gold Coast (2011) and Greater Western Sydney (2012), as well as older clubs.

The AFL has never legally indemnified against racism claims since, in 1975, the Federal government passed the Racial Vilification Act.

North Melbourne president Sonja Hood, The Age reports, had asked the AFL to look at "alternative forms of resolution" in dealing with racism experienced of Phil Krakouer.

"It was incredibly helpful in the way in which we were able to shape the work in our club, to ensure it's a culturally safe place," Hood said.

"Based on the work we did last year, we – and others – wrote to the AFL, and asked them to come up with an (AFL) industry-wide approach to dealing with historic racism.

"We will be pleased to work with them and provide our support on that work as it progresses."

The AFL had released a statement in March when it was first made aware of Margalit's case.

"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," the statement said.

"And for that, we have apologised and continue to apologise and will continue to act to address that harm."

But the AFL also rebutted the direct claims and indicated they intent to fight the case in court.

"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."

Four-time Essendon premiership coach Kevin Sheedy, who has been an advocate for Indigenous football, has been named in the legal action, including his former Bombers skipper Terry Daniher and Blues premiership star Wayne Johnson.

Sheedy has denied the allegations, adding the claims are "totally inaccurate" and also "hurtful".

"My track record stands for itself in this regard," Sheedy added.

Essendon also released a statement, in which it said: "We must continue to learn and reflect on the past to ensure our game is free of any form of racism or discrimination."

More to come.

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National Indigenous Times

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