'Trailblazer' Nicky Winmar may co-lead AFL racism case

Phil Krakouer, who played 141 games for North Melbourne, lodged the case in the Supreme Court in September 2023, alleging senior AFL management did nothing to prevent racism within the sport.

The class action is open to any Indigenous players who claim they experienced racism, racial vilification, discrimination, abuse, violence or victimisation between 1975 and 2023, while participating in the AFL.

Krakouer's barrister Melanie Szydzik SC said there was the "potential" he may be joined by another leading plaintiff, the court was told during a brief hearing on Monday.

Ms Szydzik was granted seven weeks to prepare and serve further documents on the AFL, including a revised statement of claim and to decide whether the new plaintiff will join.

The AFL is fighting the allegations and its barrister Mark Costello KC questioned whether that plaintiff could be involved in the action when he was also involved in a separate case about concussions.

Mr Costello said the AFL was also concerned by delays to the case, since it was filed 18 months ago.

"The types of statements made in respect of people with long histories, not only with the game but also connection with Indigenous players in the game," he told the court.

"It is important that your honour is aware that this litigation has ongoing affects outside this courtroom."

Outside court, the class action's lawyer Michel Margalit confirmed the plaintiff seeking to join was former St Kilda and Western Bulldogs player Nicky Winmar.

Winmar, a Noongar man, was already involved in the class action but had "courageously" offered to become co-lead plaintiff, she said.

"We are currently as a legal team considering whether this is to the benefit of the class action, and we're of course in the hands of the court as to whether or not this is appropriate moving forward," she told reporters.

"Nicky Winmar has been a trailblazer through our time. 

"He really stands to fight to eradicate racial vilification in the game, to make it a safe place for all football players."

Winmar fought back against a number of alleged acts of racism throughout his career, including during a 1993 game against Collingwood where he was racially abused by the crowd.

He stood defiantly in front of opposition spectators who had been hurling racial abuse at him, lifted his jersey and pointed at his skin.

"I'm black and I'm proud to be black," he told the crowd, in a gesture which has since been memorialised in a statue outside Perth Stadium.

Ms Margalit said she had met with Winmar on a number of occasions and "he is very passionate" about the action.

Over the next month, she said lawyers would consider how to structure their case and whether to accept Winmar's offer.

"Mr Winmar suffered prolonged racial vilification in the workplace and it's certainly culminated in that famous moment that was photographed in 1993," she said.

"He's been left with the mental scars of that racial vilification, in circumstances where he's unable to walk away. So he certainly brings considerable experience, and considerable injury from those experiences."

The case was adjourned to a later date.

Australian Associated Press