Hawthorn Football Club settles litigation with Indigenous former players and their partners

Rioli & Ors v Hawthorn Football Club Ltd (Proceeding No. VIC728/2024)

At a glance

Hawthorn Football Club has settled its Federal Court proceeding with Indigenous former players, and their partners, in a claim of historic mistreatment and racial discrimination during their time at the Club.
The Club published a statement accepting that the allegations were made in good faith and that they represent the players’ truths. The Club apologised to the former players, partners and their families for their experiences at the Club.

Background

Racism allegations by four former players against Hawthorn Football Club (referred to as the Club herein) and its former coach, assistant and welfare manager, were first made public in around September 2022. The allegations pertain to racial discrimination, mistreatment, intimidation tactics and family separation which allegedly occurred between 2008 and 2016. Former staff members of the Club denied any wrongdoing.

Following the allegations, the club commissioned a cultural safety review in 2022, investigating allegations of systemic mistreatment of First Nations players at the Club. The AFL also investigated the alleged historical mistreatment and ultimately made no adverse findings against the Club’s former staff.

In 2023, the former players lodged a complaint with the Australian Human Rights Commission (AHRC) for their experiences of racism and mistreatment during their time at the Club. The AHRC ultimately decided to terminate the complaint due to an impasse between the parties at mediation and inability to settle the claim.

On 26 July 2024, six applicants (four former players and two partners of two former players) (the Applicants) initiated proceedings by way of originating application in the Federal Court of Australia against the Club, under the Australian Human Rights Commission Act 1986.

The Applicants alleged that the Club engaged in unlawful discrimination within the meaning of sections 9(1) and 15(1)(b) of the Racial Discrimination Act 1975 (Cth) (RC Act). The Applicants further claimed negligence insofar as the Club breached its duty of care owed to its former players, which caused injury, loss and damage.

On 3 October 2024, the Club filed its defence to the claim, which pleaded:

the proceeding was an abuse of process due to the delay by the Applicants in commencing the proceeding,
the claim of negligence was barred by s 5(a) of the Limitation of Actions Act 1958 (Vic) such that the proceeding commenced after the expiration of the applicable limitation period,
in response of claims of negligence, the former players did not sustain a “serious injury” as required by s325 of the Workplace Injury Rehabilitation and Compensation Act 013 (Vic), and
in response of claims of negligence, the former players’ partners did not sustain a “significant injury” within the meaning of Part VBA of the Wrongs Act 1958 (Vic)

amongst other things.

Issue

The issue before the Federal Court was to determine whether the Club’s conduct was in fact unlawful and discriminatory pursuant to the RD Act, and whether the Applicants suffered significant or serious injuries as a result of same.

Outcome

The Club has now settled the proceeding, without determination of any parties’ allegations.

On Wednesday, 20 November 2024, the Club published a statement, apologising to the former players, partners and their families who “experienced ongoing hurt and distress in their time at the Club.”

Impact

We can expect to see more of these types of actions in the future as the legal landscape involving sporting organisations and the increasing scrutiny they face over issues of governance, compliance, and athlete rights continues to evolve.