Footy legends among a potential 1000-plus plaintiffs included automatically in racism class action against AFL

Australian rules football legends will be included automatically in an explosive class action claim against the AFL unless they opt out.

Footy legends including Michael Long, Eddie Betts, Nicky Winmar and Michael ‘Magic’ McLean will be included automatically in the explosive racism class action levelled against the AFL.

Lawyers acting on behalf of lead plaintiff Phil Krakouer confirmed on Sunday that all players who qualified for the class action – as set out in the statement of claim – would automatically form part of the group.

They confirmed former Indigenous players who were known victims of racism during their careers – which includes the likes of Long, Betts and Winmar – would have to choose to opt out of the legal action if they did not wish to proceed.

The league is facing a potentially monstrous payout given the class action could exceed more than 1000 group members.

A case conference is scheduled in the Supreme Court on Wednesday.

Gordon Legal, founded by former Western Bulldogs president Peter Gordon, has accepted the statement of claim on behalf of the AFL and is likely to help the league defend the claims.

Gordon Legal recently met with Margalit Injury Lawyers, who are representing the players.

The class action is open to “any persons of colour” who experienced racism while playing in the AFL between 1975-2022.

Kangaroos legends Jim (left) and Phil Krakouer.

Payouts for former players included in the class action, if successful, will vary based on economic loss due to psychological damage or the severity of a player’s pain and suffering.

“It’s not just restricted to Indigenous players – there could be many hundreds or potentially over a thousand,” Michel Margalit, from Margalit Injury Lawyers, told this masthead on Sunday.

“This is the most significant or largest racial vilification claim that’s ever been made in Australian history.

“It’s taken significant time to get the AFL to come to the table.”

The AFL has denied that Margalit ever attempted to discuss the matter, with the league’s first knowledge coming when the writ was lodged.

More than seven former players – the minimum required for a class action – have already signed up to the class action.

Players have the option to register anonymously.

Indigenous players contacted by this masthead on Sunday wanted to lay low because they felt traumatised by allegations Phil and Jimmy Krakouer were subjected to vile racism.

The brothers accused footy greats Kevin Sheedy, Terry Daniher, Wayne Johnston, Roger Merrett and Bill Duckworth of being involved in racial abuse in a bombshell statement of claim document that was exclusively revealed by the Herald Sun.

It was alleged the Krakouer brothers were called “petrol sniffers”, “a---”, “n-----s and “smelly black c---s” in the 1980s.

Sheedy denied his involvement in the allegations. He described them as “hurtful” and “totally inaccurate”.

The league said: “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 said legislation enforced under the Racial Discrimination Act from June 1975 should’ve ensured the VFL-AFL at least attempted to protect its players.

Jim Krakouer and brother Phil Krakouer.

The AFL implemented a racial vilification rule – known as the Peek Rule – in 1995.

Football industry sources claimed on Sunday night that it was the first of its kind in world sport and it was impractical to apply modern workplace standards to yesteryear.

But recent champions led by Adam Goodes, who was tragically booed out of the game in 2015, have continued to suffer from racism.

The Herald Sun is not implying that Goodes has decided to opt in or opt out of the class action.

“The laws were in place (from 1975) and the law at the time reflects community standards,” Margalit said.

“It’s not appropriate to say, ‘This was the behaviour of the past and was accepted at the time’.

“It was not accepted by law, it was not accepted by society and what we have seen is that finally people who have suffered at the hands of the AFL feel comfortable to come forward to tell their story.

“They know that now there are protections in place for either confidentiality or people who are independent of the powerbrokers involved with the AFL that they can truly be assisted today.

“They just have not felt that in the past.”

Margalit, who is the managing principal at Margalit Injury Lawyers, said her clients were seeking meaningful change as well as financial compensation.

“We’ve fielded many, many different inquiries and we are reaching out to a lot of different players past and current,” she said.

“These players who have suffered racial vilification all have different experiences and different personal understandings of what it will take to right wrongs.

“So while certainly we are seeking compensation, we also are looking at meaningful ways that will appropriately redress the harm that’s been done to them, and also make the game a better place for all people moving forward.”

Originally published as Footy legends among a potential 1000-plus plaintiffs included automatically in racism class action against AFL