AFL racism case may become ‘juggernaut out of control’ with clubs added, judge says

The court heard that several AFL clubs might seek to be removed from the case if they are added as defendants, especially those clubs who did not exist at the time the allegations are claimed to have occurred.

The Age reported on Thursday that although Adelaide, Fremantle, Port Adelaide, Gold Coast and Greater Western Sydney 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.

‘I’m just wondering how that process (adding the clubs) is going to be managed so that this proceeding doesn’t become a juggernaut out of control.’

Justice Andrew Keogh

The AFL’s lawyer, Mark Costello, KC, said the league also had problems with how the case was articulated, including whether it should remain as a class action, and that some of the 18 clubs might seek to be removed from the case.

“The plaintiff has a direct connection with some clubs but no connection at all with others,” he said.

“We think that there are very significant difficulties with the pleading as against my client.

Loading

“Our learned friends can consider the various issues that we raised … including, I might say, very serious allegations made in the pleading against non-parties on what I would consider very scant evidence.”

The class action is open to more than 1000 former VFL/AFL Indigenous players and their families.

The AFL’s legal team will next week serve on the plaintiffs a document outlining their concerns with how the case is put.