AFL argues it did not have a duty of care to protect players from racist abuse in racism class action

The Herald Sun can reveal the AFL’s defence to a landmark racism class action spearheaded by Nicky Winmar and Phil Krakouer after the league filed a bombshell written response with the Supreme Court.

The AFL is set to argue it did not have a duty of care to protect players from physical and verbal racist abuse.

The Herald Sun can reveal the league’s defence for the first time after it filed its explosive written response to a landmark racism class action with the Supreme Court.

The group lawsuit — spearheaded by former North Melbourne forward Phillip Krakouer and St Kilda legend Nicky Winmar — seeks damages for racial abuse suffered by Indigenous players from opposition players and spectators between 1980 and 2025.

Nicky Winmar and Phil Krakouer are leading plaintiffs in a class action against the AFL.

Despite admitting the players were “exposed to and subjected to physical and verbal racist abuse” from “time to time”, the AFL asserts it did not employ players and thus was not responsible for their safety.

“Devising, putting in place and maintaining any relevant safe system of work was not the responsibility of the AFL,” the court documents filed this month state.

They not only denied responsibility but claimed the risk of racist abuse in the league was “not so substantial” that no-one could be found negligent for not taking precautions.

“(The) risk of racist abuse occurring in the course of matches within the AFL Competition was comparable to the risk arising in other fields of endeavour and areas of life,” it said.

In a further shifting of blame, the AFL said from around 1988, security measures to ensure safety at games was the responsibility of ground managers.

Krakouer, 65, told the Herald Sun the AFL’s defence “hurts”.

“We couldn’t defend ourselves against racism in the AFL,” he said.

“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.”

Winmar claims suffering physical and psychiatric injuries from racial abuse and threats to his family during VFL/AFL matches he played for St Kilda and the Bulldogs.. Picture: Tim Carrafa

Krakouer, who played 141 matches for North Melbourne in the 80s, detailed in court documents how he was routinely subjected to racist abuse by his fellow players and footy fans.

He also detailed being hit with a beer can hurled by a spectator, and was often spat on or had other fluids poured on him as he passed the crowd when going to and from the field.

Winmar, now 60, also claims suffering physical and psychiatric injuries from the relentless racial abuse and threats to his family throughout the 251 VFL/AFL matches he played for St Kilda and the Bulldogs.

He was at the centre of one of the league’s most iconic moments more than three decades ago when he was photographed defiantly lifting his Saints jumper and pointing to his skin while being racially abused by Collingwood fans at Victoria Park.

Margalit Lawyers managing principal Michel Margalit, who is bringing the class action on behalf of the players, said the AFL’s defence was “hurtful”.

Nicky Winmar points to his skin in front of jeering Collingwood fans in 1993.

“The racism suffered by many First Nations players was extreme, and has left many players with permanent traumatic injuries,” Ms Margalit said.

“For the AFL to shirk responsibility in circumstances where they were aware of the racist abuse and failed to act, contradicts the stated goals of the league to fight racism and create a more inclusive sport for everyone.”

She once again repeated her invitation to AFL chief Andrew Dillon to come to the table to settle the class action.

She urged the AFL 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 has the opportunity to lead by the way in which it conducts its defence,” Ms Margalit said.

Krakouer said the AFL’s response ‘hurts’. Picture: Supplied

In a further statement on Friday, the AFL acknowledged the abuse suffered by its players, but denied any negligence on its behalf.

“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,” the statement said.

The league added that it “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”.

“As a code, we are privileged to have had hundreds of Aboriginal and Torres Strait Islander players who have played our game,” 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.

“For that, we have apologised and continue to apologise and will continue to act to address that harm.”