'The AFL's defence hurts': Phil Krakouer criticises AFL response in racism class action

The AFL has refused to accept responsibility for the alleged on-field racism against Indigenous players, asserting the risks were no different from those encountered in the general community.

Responding to the bombshell class action brought by former Indigenous players Nicky Winmar and Phil Krakouer, the league has lodged its formal defence with the Supreme Court of Victoria.

The AFL's lawyers, Gordon Legal, filed a 33-page submission in which the league denied responsibility, arguing that "devising, putting in place and maintaining any relevant 'safe system of work' was not the responsibility of the AFL."

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The plaintiffs are arguing that the AFL had an employer-like duty of care toward Indigenous players to protect them from racism and its associated harm.

According to the AFL, the risk of players encountering racist abuse during games is no higher than the risk found "in other fields of endeavour and areas of life."

However, the league acknowledges that both Winmar and Krakouer were "from time to time exposed to and subjected to physical and verbal racist abuse from players and spectators whilst playing in matches in the AFL competition".

The class action's lead lawyer, Michel Margalit, managing principal at Margalit Injury Lawyers, insists the former players deserved compensation.

"The AFL's defence is hurtful to many First Nations players who experienced racism in the game," she told 9News Melbourne.

"The racism suffered by many First Nations players was extreme, and has left many players with permanent traumatic injuries. 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.

"The AFL has the opportunity to lead by the way in which it conducts its defence. We continue to invite Andrew Dillon 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 league also followed up its defence with a statement on Friday, pledging to "work through" the class action and reaffirming its support for anti-racism and anti-discrimination initiatives at all levels of the game.

"The AFL 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," the league said.

"As a code, we are privileged to have had hundreds of Aboriginal and Torres Strait Islander players who have played our game. We fully acknowledge [that] 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.

"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."

Krakouer expressed deep pain and frustration with the league's legal defence.

"The AFL's defence hurts," he said in a statement on Friday.

"We couldn't defend ourselves against racism in the AFL. 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."

The class action is led by Winmar and Krakouer, along with his brother James Krakouer.

This group of Aboriginal and Torres Strait Islander VFL and AFL players are seeking compensation for alleged racist abuse and resulting injury, loss, and damage suffered throughout their careers.

Their core allegation is that the AFL failed to provide a culturally safe work environment, leaving them vulnerable to racial abuse from both opposition players and spectators.

The action includes any Indigenous player who featured in the VFL/AFL between May 1980 and October 9, 2025.

The AFL is legally defending the dealings of the governing body throughout that entire 45-year period.

The Supreme Court has ruled that judicial mediation cannot take place until after March 16 next year.