St Kilda great Nicky Winmar is reportedly set to spearhead a class action lawsuit being brought against the AFL by a group of former players who have alleged to have suffered racial discrimination during their playing careers.
The legal claim had been originally brought by former footy stars Phil and James Krakouer, with lawyers working on the case revealing that Winmar, 59, who was already a member of the group, could now join as a co-lead plaintiff.
Nearly 30 years ago, the St Kilda legend defiantly took a stand against racism, raising his guernsey while pointing to his skin during a game against Collingwood in 1993 after suffering racial abuse from spectators inside Victoria Park. Winmar had also said: ‘I’m black and I’m proud to be black.’
On Monday, the Supreme Court heard that ‘another plaintiff’ could join the group who have brought about the lawsuit against the AFL, with Margalit Injury Lawyers confirming outside the Court that Winmar wanted to play a greater role in the case.
‘He [Winmar] has courageously offered to act as a co-lead plaintiff along with Phil Krakouer if it’s to the benefit of the group,’ Michel Margalit, of Margalit Injury Lawyers, told reporters outside the court.
‘He really stands to fight to eradicate racial vilification in the game.
Footy great Nicky Winmar could join a class action law suit against the AFL as a lead-co plaintiff
The legal claim againt the AFL has been brought by North Melbourne greats Jim and Phil Krakouer
‘Mr Winmar suffered prolonged racial vilification in the workplace and this certainly culminated in that famous moment when he was photographed in 1993.
‘He’s been left with mental scars of that racial vilification in circumstances where he was unable to walk away as he was in the workplace.’
The claim, initially brought about in 2024, alleges that the group of players had ‘experienced racism, racial discrimination, racial abuse, racial violence or victimisation during their time participating in the AFL competition.’
Phil Krakouer is alleging to have suffered ‘injury, loss and damage as a result of the racist conduct’.
It has previously been confirmed that the lawsuit is open to ‘any person of colour’ who experienced racism while playing in the AFL between 1975 and 2022.
Kevin Sheedy, Terry Daniher, Wayne Johnston, Rod Austin and Bill Duckworth, were all named in the claim and have denied the allegations.
Essendon, Collingwood, North Melbourne, Geelong and Carlton have also been involved in the proceedings.
Winmar was not present at a hearing on Monday and it is understood that the court would need to approve his appointment as a co-lead plaintiff in the case.
A sculpture of Nicky Winmar depicts the iconic moment the footy great defiantly lifted his shirt and said he was ‘proud to be black’ after suffering racial discrimination
Winmar (pictured with Bernie Reddington at the Melbourne Cup last year) was inducted into the AFL’s hall of fame in 2022
But questions have been raised by the AFL’s lawyers over Winmar’s decision to join as a co-lead plaintiff after a year has passed since the claim was initially filed in court.
Mark Costello, a legal representative for the AFL, said it would be a ‘very brave decision’ for Winmar to lead the lawsuit. He noted that the two-time St Kilda club champion and AFL Hall of Famer had also been involved in a separate suit against the league relating to concussion.
‘We think it will transpire that that gentleman will not be joining as plaintiff.’
The AFL added in a statement that Winmar was an ‘icon’ of the sport but would defend itself against the claim.
‘His actions at Victoria Park remain iconic for his stand against racism and – along with the abuse of Michael Long – led to the AFL developing world sport’s first ever racial vilification policy in 1995,’ the AFL said in a statement.
‘We have long supported Nicky Winmar’s stance against racism. The game is better for what he has done on and off the field in both fighting racism and inspiring generations of Indigenous boys and girls to take up our game. Nicky always has a revered place in our game that is unquestioned.’
The league also acknowledged that racism has existed in the game and that players have been ‘marginalised, hurt or discriminated against because of their race.’
The AFL added: ‘For that, we have apologised and continue to apologise and will continue to act to address that harm.’
But the league added: ‘While Margalit Lawyers continue to regularly change their claim, we do not agree with its central view that the VFL/AFL has been conducted negligently over the past 47 years and we will defend those claims.’
Winmar booted 283 strikes across 230 matches for St Kilda during his glittering playing career
During today’s hearing at the Supreme Court, a Judge ordered the claimants to file pleadings by April 24.
Winmar, a proud Noongar man, initially began his footy career with South Fremantle in 1983. He’d leave the club after scoring 98 goals in 90 appearances to join up with St Kilda in 1987.
He’d boot 283 strikes across 230 matches, going on to be crowned the Saint’s leading goalkicker in 1988.
He’d hang up his boots in 1999, following a season at the Western Bulldogs, and was notably inducted into the Indigenous Team of the Century in 2005, while also being inducted to the Australian Football Hall of Fame in 2022.
