Margalit Injury Lawyers told the AFL this week that it planned to expand the class action beyond the AFL and could potentially include all 18 clubs. The action lodged in the Victorian Supreme Court in March involves historical racism claims made by Phil and Jim Krakouer,who played for North Melbourne between 1982 and 1989.
Days gone by:Jim and Phil Krakouer were two of the AFL’s most exciting players in the 1980s.Fairfax Media
AFL boss Andrew Dillon and his legal counsel,Stephen Meade,notified the clubs on Wednesday that the class action could be expanded. The telephone conference took place on the eve of the second week of the game’s Indigenous round,named in honour of Sir Doug Nicholls.
Although Adelaide,Fremantle,Port Adelaide,Gold Coast and GWS did not join the AFL until after the Krakouer brothers left,Margalit has indicated to the AFL that more Indigenous players from the league’s more recent past could join the class action.
AFL legend Kevin Sheedy at the launch of FightMND’s Big Freeze 10.AFL Photos
Moves to expand the class action against racial vilification and discrimination follow a recent victory by club presidents and their boards in gaining legal indemnification from the AFL against concussion claims,after a protracted battle against head office led by Collingwood president Jeff Browne.
Concerned that their directors could be exposed following a long list of concussion claims,the presidents were so frustrated by the AFL’s response that they shut head office out of a meeting late last season in a bid to explore methods for boards to receive professional indemnity insurance. The clubs said they were worried quality directors would leave the game for fear of that exposure.
An agreement signed off by all the clubs last week with the AFL protects clubs against concussion claims. However,they are not legally indemnified against racism claims given that the Racial Vilification Act was passed in 1975.
Four-time Essendon premiership coach Kevin Sheedy,who pioneered Dreamtime at the ’G,has been named in the legal action,along with Bombers and Blues premiership players.
North Melbourne president Sonja Hood.Getty Images
Margalit managing director Michel Margalit told the National Indigenous Times last September that it was time the AFL “properly acknowledged the trauma former players experienced and compensate them appropriately”.
Margalit is also the firm behind a concussion class action against the AFL.
Kangaroos president Sonja Hood has asked the AFL to look at alternative forms of resolution in dealing with historical racism. Phil Krakouer remains in contact with North Melbourne and remains on cordial terms with the current board.
Hood last year invited Collingwood president Browne and his fellow director Jodie Sizer to address the Kangaroos’ board about the lessons from that club’sDo Better report.
Hood said on Thursday:“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.
“Based on the work we did last year,we – and others – wrote to the AFL and asked them to come up with an 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.”
An AFL spokesman confirmed on Thursday that the racism class action had been expanded and the competition would fight the claims.
In a statement in March,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.
“And for that we have apologised and continue to apologise and will continue to act to address that harm.”
The statement added:“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.”
All 18 AFL clubs have been put on notice they could come under the microscope in a class action probe into historical racism.
for their veteran coach and now director Sheedy,as well as former players. Sheedy strongly denied the allegations,describing them as “totally inaccurate” and “hurtful”. “My track record stands for itself in this regard,” he said.
The Essendon statement noted:“We must continue to learn and reflect on the past to ensure our game is free of any form of racism or discrimination.”
The class action is open to more than 1000 former VFL/AFL Indigenous players and their families. It comes as mediation talks between former Hawthorn players and their families who levelled racism allegations against the club,Alastair Clarkson,Chris Fagan and Jason Burt remain unresolved. Clarkson,Fagan,and Burt deny any wrongdoing.
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