Authored by Thomas McCredie, Principal Solicitor
Australian football has a long history of celebrating the achievements of Aboriginal and/or Torres Strait Islander players. Many have become household names, inspired generations of footballers and made extraordinary contributions to the game.
But celebrating those contributions does not address the experiences of racism that Group Members say they endured along the way. That distinction sits at the heart of the AFL Racism Class Action.
The class action is not simply about financial compensation. Group Members seek accountability for alleged wrongdoing, there is a desire for recognition of the harm that racial discrimination/abuse has caused, and this class action is a pathway to give affected Group Members an opportunity to pursue their legal rights.
For some, those experiences may date back decades. The passage of time does not diminish the harm, nor the need to examine what happened.
There is an important difference between acknowledging that racism exists in sport and examining whether an institution failed in its responsibilities towards the people subjected to it.
The class action against the Australian Football League (AFL) raises serious allegations about the treatment of Aboriginal and/or Torres Strait Islander players and the systems that were meant to protect them.
The proceedings allege, among other things, that the AFL failed to adequately enforce and/or implement policies, systems and mechanisms addressing racial abuse.
These allegations have not yet been determined by the Court. The purpose of the legal proceedings is to pursue remedies for the harm allegedly suffered and to have questions of institutional responsibility examined through the judicial process.
For affected players and family members, the significance of that process may extend beyond their own experiences. It may also concern their families, their communities and the next generation of footballers.
“It is so important that people are involved in this class action. It is an incredible opportunity to make some change. Join the mob.
β PHIL KRAKOUER
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The impact of racism does not necessarily end when a playing career does
A professional football career may last only a relatively small part of a person’s life.
The consequences of what happens during that career can last considerably longer.
Experiences of racism can affect a person’s dignity, wellbeing, relationships and sense of belonging. Where those experiences occur within professional sporting environments, they can also raise difficult questions about power and an individual’s ability to challenge the organisation responsible for their career.
βThe AFL is one of the most significant cultural institutions in Australia. For a player to be racially vilified while simply doing their job, and as an employee, to have no option of walking away, is unacceptable in any other workplace and is deeply wrong. Our clients have carried that harm quietly for years and still carry it today.
β MICHEL MARGALIT
It is important that people do not dismiss their experiences simply because they occurred many years ago, because they did not make a formal complaint at the time, or because they are uncertain whether their circumstances fall within the scope of the class action.
That is precisely why obtaining clear legal information is important.
Protecting the people behind the proceedings
I recognise that approaching a law firm about experiences of racism can be deeply personal. Some people may be concerned about their privacy. Others may be uncertain about what participation involves, whether they will need to speak publicly, or whether pursuing a claim will place additional pressure on themselves or their families.
At Margalit Injury Lawyers, my role is to help people understand their rights and make informed decisions about whether they want to be involved in the class action.
Group members are not ordinarily required to manage the day-to-day litigation or become publicly identified simply because they register. Our team offers confidential discussions with potential group members, and we take care to explain the process, including what information may be required as the class action progresses.
The AFL Racism Class Action has now reached an important procedural stage.
The Supreme Court of Victoria has approved a notice requiring potential group members to make a decision about their options before 4 pm AEDT on Monday, 2 November 2026. Those options include registering for the proceedings, opting out, or taking no action.
Importantly, doing nothing is not necessarily a neutral decision.
Under the Court-approved notice, if the class action settles before trial, a group member who has neither registered nor opted out may be unable to participate in that settlement or claim compensation, while potentially being bound by the settlement and losing certain rights to pursue further legal action.
This is why we are encouraging anyone who believes they may be an eligible group member to read the notice and understand their options before the deadline.
It is not necessary to have all the answers before contacting our team.
We are here to provide advice to help people make informed decisions about their rights. You may be unsure whether your experiences fall within the group definition. You may be enquiring on behalf of a family member. You may simply want to understand what registration means before making a decision.
These are all valid reasons to have a chat.
For anyone considering their options, the first step can be as straightforward as a conversation with me and my team.
Learn more about the AFL Racism Class Action here.
Register here.
Speak directly to me by calling (03) 9133 0288
Read the full Court-approved notice here.
The allegations described in this article have not been determined by the Court. Individual circumstances should be discussed with a lawyer.
