A racism class action led by former First Nations players alleges the AFL failed to shield players from physical, psychological, and psychiatric harm caused by racist abuse from teammates, officials, and spectators.

The AFL has filed a defence in the Victorian Supreme Court denying a duty of care to Indigenous players and arguing it was not the players’ employer or responsible for a safe system of work.

Margalit Lawyers, representing the plaintiffs, says the AFL’s defence is hurtful and argues that racist abuse caused permanent trauma, criticizing the league for denying responsibility while claiming to fight racism.

The AFL has been contacted for comment on the case.

To join the class action, players must have appeared in the VFL/AFL between May 1980 and October 9, 2025 and identify as Indigenous, with mediation not allowed to proceed before March 16 of the following year per the Supreme Court.

The AFL says it will continue to engage with the class action, support anti-racism efforts, apologise for past harm, and defend negligence claims spanning roughly the last 47 years.

Margalit Lawyers intend to pursue settlement discussions with the AFL while pushing for accountability to address racist abuse in the sport.

The class action originally opened to all people of colour has narrowed to include only First Nations players who played between May 1980 and October 9, 2025, with eligible family members if harmed by racial abuse.

The AFL contends that while racist abuse was a risk, it stemmed from broader social attitudes of the time and that medical knowledge at the time did not make such injuries foreseeable.

Phil Krakouer criticizes the defence for harming the case’s prospects and says the league failed to take necessary action.

Court documents acknowledge that Indigenous players were sometimes subjected to racist abuse, but the AFL rejects specific allegations of routine spitting or bottles of urine being hurled at players.