Former VFL star Phil Krakouer brings Class Action against AFL that may include all 18 clubs

The Supreme Court of Victoria has confirmed that a class action brought by Phil Krakouer, his brother Jimmy and five other former VFL/AFL players will proceed against the Australian Football League.

The following announcement was made on the Supreme Court's website.

"The claim alleges that Mr Krakouer and the other group members experienced racism, racial vilification, racial discrimination, racial abuse, racial violence or victimisation (the ‘racism conduct’) during their time participating in the AFL competition. Mr Krakouer alleges that he suffered injury, loss and damage as a result of the racism conduct."

The group of seven are former players who are First Nations Australians and/or people of color, who played in the VFL/AFL competition between 1975 and 2022, as well as persons who have had close relationships with those players.

The group proceeding has been led by Margalit Injury Lawyers, who will only take a fee should the litigation pay costs to the claimants. The chief claim is that the AFL has failed to protect players from racial abuse and all 18 clubs could be named for negligence under the Racial Vilification Act 1996.

The statement of claim lodged with the Supreme Court of Victoria is being amended so that all AFL clubs may be called to answer the allegations. Former Essendon coach and captain, Kevin Sheedy and Terry Daniher, have been implicated in the statement of claim among many others.

Margalit Lawyer representative announces claim

The lawyer for the complainants, Michel Margalit, claimed that racial vilification was well-known to clubs and players.

"For years, the AFL has been this untouchable powerhouse," Ms Margalit said.

"People have been scared to go up against the AFL but the tide is changing and people now know that they can confidentially obtain the right support, to be listened to and to receive justice."

The groundbreaking claims argue that for nearly 50 years of the legislation condemning racism, the sport had known of the harm players endured and did not do enough about it to protect players and their families.

Umpires have also been implicated for failing to referee racial abuse or report instances of racial vilification.