Hawthorn racism saga: Civil suit against Hawks looms as AFL investigation stalls

The lawyer for a family who declined to be part of the investigation into claims of racism at Hawthorn says civil action is progressing and could force mediation in the ongoing saga.

The indigenous flag on an AFL ground.

A family at the centre of the Hawthorn First Nations racism scandal are progressing a civil court action against the Hawks in an escalation of the ongoing AFL crisis.

The family have chosen not to be involved in the AFL independent investigation, with their lawyer Dr Judith Courtin saying on Friday their fears of a “whitewash” had been confirmed.

After eight months the investigation seems on the verge of collapse, with Hawthorn coach Alastair Clarkson unlikely to attend mediation next week.

Dr Courtin represents a husband and wife who put allegations to Hawthorn in the club’s Cultural Safety review, one of two families who refused to take part in the AFL inquiry.

A second family including *Amy, who alleged Clarkson told her to have an abortion, also ruled out becoming involved in the AFL’s investigation.

Clarkson has denied all claims made as part of the Cultural Safety report.

A family at the centre of the Hawk racism scandal has taken civil action against the club.

On Friday Dr Courtin said the civil lawsuit against Hawthorn was “progressing” and was a more realistic avenue than the AFL’s inquiry to remedying the club’s failures of the past.

“Our clients from the very beginning didn’t trust the AFL and they realised and thought then it would just be a whitewash and it is certainly turning out to be something like that at this stage,” she said.

“People say there are these allegations and they need to be tested. Absolutely they need to be tested but the AFL inquiry is not the only pathway.

“We have our own civil courts in which these allegations and concerns and the harm can be heard and can be tested, so it’s not just the AFL inquiry.

Asked on ABC Radio if she had initiated that lawsuit yet, Courtin replied: “We are progressing with that at the moment, progressing with the claim … Certainly if we want something to be truly independent based on civil laws, one does not go to the AFL inquiry, one uses the system that is already in place.”

Dr Judith Courtin says her clients have been traumatised.

Dr Courtin said part of a civil proceeding would be a mandatory mediation process before it could proceed to court, with her clients traumatised by the past eight months all over again.

“Our clients are big hearted people and feel for everyone involved in this, they feel for the coaches. At the same time they have been highly traumatised twice,” she said.

“Back when it all happened and in September last year and they want justice but more than that they want to heal. They are not out to anyone in particular but the spotlight here needs to be on the Hawthorn football club.”

Hawthorn president Andy Gowers said the club had not received any confirmation of a legal action as he continues to urge all parties to work towards mediation.

Hawthorn has already indicated it is prepared to consider compensation for the First Nations parties.

“The first step is the process the panel is undertaking and we need to move towards a resolution on that front,” he said.

“The concept of being in a room together is something personally I feel could help the situation.

‘We know that the opportunity to tell the truth, to yarn, to share feelings and so on from all parties is a productive exercise. What it looks like legally it’s too early to say but the opportunity to sit in a room would be a step forward.”

Hawthorn delivered a second cache of 37,000 documents relating to the investigation to the independent panel on Friday but Clarkson and Chris Fagan have not been given permission to access them because of privacy concerns by First Nations families.

Hawthorn could still attend the mediation next Tuesday with the families involved in the investigation despite reluctance from Fagan and Clarkson, with the Hawks coach too unwell to attend.

Hawthorn said in a statement to the Herald Sun on Friday night the club had offered to pay for 50 counselling sessions for the family considering legal action.

“Hawthorn Football Club acknowledges the impact this ongoing investigation is placing on all individuals involved,” it said.

“In respect to Ms Courtin, we have been in regular contact with her on behalf of her clients and have provided them with ongoing support. This includes agreeing to pay for 50 counselling sessions.”

“The club has cooperated fully with the investigation and broader processes.”

“The club wishes to see this matter resolved fairly and quickly in the best interests of all.”