Coach Alastair Clarkson IV - HFC Racism Investigation Discussion

[The Dingrel]

Yep. I wonder what you Namby-Pamby, Tree Hugging, Left Leaning, Pinko, Colours of the Rainbow, Climate Alarmist, Communist Loving Flogs think of your ABC now. :stern look

Mr Katter is that you?

 

[The Dingrel]

This bloke welcomed these kids into his home, with his family, and this is what comes back at him.

I can't even begin to imagine what it would be like to have people who you sowed so much into on such a personal level, do his to you.

Didn't like his cooking pehaps?

 

[The Dingrel]

Guess you'd share a mutual appreciation of this song by the Dead Kennedy's

 

[Ischenko]

Mr Katter is that you?

Sounds more like Mrs Hanson. Gobble gobble gobble.

 

[rickety]

Guess you'd share a mutual appreciation of this song by the Dead Kennedy's

There's a lot to be said for a clean slate

 

[mcnulty]

MSN

www.msn.com

 

[giantroo]

EMAIL FROM CHRIS FAGAN'S LAWYER TO LEON ZWIER​

EMAIL 28 MAY 2023
Mr Leon Zwier
Partner
Arnold Bloch Leibler

Dear Mr Zwier,

Investigation into allegations of inappropriate treatment of Hawthorn Football Club players and their families "(investigation")

1. We act on behalf of Mr Chris Fagan in relation to the investigation.

1. 
   We understand that you act on behalf of the following participants in the investigation:
   (a) (Name redacted)
   (b) (Name redacted)
   (c) (Name redacted)
   (d) (Name redacted)
   (e) (Name redacted)
   (f) (Name redacted)
2. 
   If you do not act for any of these people please advise of this urgently so that we can take the appropriate steps to give them the notice set out in this letter.
3. 
   Our client has signed a confidentiality deed poll (Deed), as have relevant lawyers in our firm and our clients' counsel. We enclose for your reference a copy of the Deed signed by our client.
4. 
   The purpose of this letter is to notify your clients, pursuant to clause 2 (f) (I) of the Deed, that:
   (a) our client intends in the week commencing 29 May 2023, and no later than Thursday 1, June 2023, to commence a proceeding in the Supreme Court of Victoria for orders in the nature of permanent injunctions restraining the continuation of the investigation;
   (b) the proceeding referred to above will include each of your clients as defendants, identifying each by name, on the basis that they are (with others) necessary parties because they are directly affected by the relief to be sought. The proceeding to be filed will not disclose any "information" as defined in the Deed concerning your clients other than their names. As the proceeding progresses, however, additional 'information' will be disclosed as part of the proceeding. Your clients will be notified in advance of each disclosure pursuant to the Deed.
5. 
   We consider there to be no reasonable basis for your clients' names not to be disclosed in the proceeding to be filed by our client. If, however, your clients contend to the contrary, we invite your clients pursuant to clause 2 (f) (II) of the Deed to explain their contention and their proposed course of action by 4.00 pm on Monday, 29 May 2023. In the absence of this our client will proceed on the basis that your clients do not disagree with our client's position.
6. 
   We would also be grateful if you would please confirm by 4.00pm on Monday, 29 May 2023 whether you have instructions to accept service on behalf of your clients of the proceedings to be filed by our client. In the absence of such confirmation, we will make arrangements to effect personal service.
   
   Scott Sharry, Partner and Stephen Hurford, Senior Associate

A legal letter sent by lawyers for Brisbane Lions coach Chris Fagan on Sunday helped turn the Hawthorn racism scandal on its head.

The email informed the four First Nations families at the centre of the saga that Fagan was set to launch a Supreme Court injunction against the AFL and its independent investigation panel.

The families were told that the move would see them become “defendants” in a court battle over the racism probe where they would be identified “by name”.

The Fagan letter was described by one support person as a factor in the families’ decision to agree to a deal with the league.

If successful in achieving an injunction, the AFL’s independent investigation would have come to an immediate end.

The email from Clayton Utz partner Scott Sharry and senior associate Stephen Hurford to the families’ lawyer Leon Zwier reads: “Our client intends in the week commencing 29 May 2023, and no later than Thursday, 1 June 2023, to commence a proceeding in the Supreme Court of Victoria for orders in the nature of permanent injunctions restraining the continuation of the investigation.

“The proceeding … will include each of your clients as defendants, identifying each by name, on the basis that they are (with others) necessary parties because they are directly affected by the relief to be sought.

“The proceeding to be filed will not disclose any “information” as defined in the Deed concerning your clients other than their names.

“As the proceeding progresses, however, additional ‘information’ will be disclosed as part of the proceeding. Your clients will be notified in advance of each disclosure pursuant to the Deed.”

​

The families discussed the contents of the email with Zwier during a crisis meeting on Monday.

The letter gave the families until 4pm Monday to respond.

The prospect of a deal between the players and their families and the AFL appeared dead in the water on Sunday, but on Tuesday night league boss Gillon McLachlan announced the Hawthorn racism investigation was over and that no “adverse findings’’ were found against former Hawks coach Alastair Clarkson, former club football manager Fagan and former welfare boss Jason Burt.

In turn, the families agreed not to take legal action against the league.

The families, who had been determined to receive an apology from the former Hawks trio, were instead given a generic apology by the league to any Indigenous player who had suffered racism in the history of the game.

At least one of the families involved now regrets agreeing to the AFL deal in the belief they were used as a pawn aimed at resolving the eight-month racism dispute.

Fagan engaged law firm Clayton Utz after the scandal erupted in grand final week last year.

The former Hawks footy boss has repeatedly said he would welcome the opportunity to give his side of the story.

“I am not a party to the agreement between the complainants, the investigation panel and the AFL,” Fagan said in a statement on Tuesday.
“But I stand vindicated by it. I have made no concessions. There are none to make.

“I have always vigorously defended myself, and will always do so, as I have done nothing wrong.”

Clarkson, Fagan and Burt have all denied wrongdoing.

Fagan and Zwier were contacted for comment.

 

[LETSGOKANGAS]

Thanks giantroo

 

[SpiderBurton22]

MSN

www.msn.com

Haha, an article having a go at other journalists work itself having to correct factual errors within in their story.

Sums the whole media landscspe.

 

[Makeshift Park]

You're reading it wrong. They're saying that the players and their families weren't bound by any confidentiality. As such it was not "leaking" for the players to speak to Jackson.

Their statement makes no mention as to whether Jackson saw a copy of the report, how he knew there was a story to investigate, or how he got in contact with the players.

Reading between the lines, I wonder if the actual message of that latest ABC statement was ostensibly something like "we now realise the Egan report is pretty dodgy, but we can stand by our original story because it was based on a series of broadly consistent allegations made in original interviews with our reporter".

 

[Colby Cheer Squad]

A legal letter sent by lawyers for Brisbane Lions coach Chris Fagan on Sunday helped turn the Hawthorn racism scandal on its head.

The email informed the four First Nations families at the centre of the saga that Fagan was set to launch a Supreme Court injunction against the AFL and its independent investigation panel.

The families were told that the move would see them become “defendants” in a court battle over the racism probe where they would be identified “by name”.

The Fagan letter was described by one support person as a factor in the families’ decision to agree to a deal with the league.

If successful in achieving an injunction, the AFL’s independent investigation would have come to an immediate end.

The email from Clayton Utz partner Scott Sharry and senior associate Stephen Hurford to the families’ lawyer Leon Zwier reads: “Our client intends in the week commencing 29 May 2023, and no later than Thursday, 1 June 2023, to commence a proceeding in the Supreme Court of Victoria for orders in the nature of permanent injunctions restraining the continuation of the investigation.

“The proceeding … will include each of your clients as defendants, identifying each by name, on the basis that they are (with others) necessary parties because they are directly affected by the relief to be sought.

“The proceeding to be filed will not disclose any “information” as defined in the Deed concerning your clients other than their names.

“As the proceeding progresses, however, additional ‘information’ will be disclosed as part of the proceeding. Your clients will be notified in advance of each disclosure pursuant to the Deed.”

​

The families discussed the contents of the email with Zwier during a crisis meeting on Monday.

The letter gave the families until 4pm Monday to respond.

The prospect of a deal between the players and their families and the AFL appeared dead in the water on Sunday, but on Tuesday night league boss Gillon McLachlan announced the Hawthorn racism investigation was over and that no “adverse findings’’ were found against former Hawks coach Alastair Clarkson, former club football manager Fagan and former welfare boss Jason Burt.

In turn, the families agreed not to take legal action against the league.

The families, who had been determined to receive an apology from the former Hawks trio, were instead given a generic apology by the league to any Indigenous player who had suffered racism in the history of the game.

At least one of the families involved now regrets agreeing to the AFL deal in the belief they were used as a pawn aimed at resolving the eight-month racism dispute.

Fagan engaged law firm Clayton Utz after the scandal erupted in grand final week last year.

The former Hawks footy boss has repeatedly said he would welcome the opportunity to give his side of the story.

“I am not a party to the agreement between the complainants, the investigation panel and the AFL,” Fagan said in a statement on Tuesday.
“But I stand vindicated by it. I have made no concessions. There are none to make.

“I have always vigorously defended myself, and will always do so, as I have done nothing wrong.”

Clarkson, Fagan and Burt have all denied wrongdoing.

Fagan and Zwier were contacted for comment.

If it was the threat to publish the names of the families that brought about the compromise/deal, then that doesn't bode well for them in terms of getting satisfaction from the AHRC or Federal Court.

 

[Devington]

Reading between the lines, I wonder if the purpose of that latest ABC statement was ostensibly something like "we now realise the Egan report is pretty dodgy, but we can stand by our original story because it was based on a series of broadly consistent allegations made in original interviews with our reporter".

I think it's just them being defensive tbh, maybe driven by a certain staff member being pissy. So they keep coming out with the same defenses, which are more interesting for what they don't say than what they do say, every few months.

 

[Hatchy1992]

A legal letter sent by lawyers for Brisbane Lions coach Chris Fagan on Sunday helped turn the Hawthorn racism scandal on its head.

The email informed the four First Nations families at the centre of the saga that Fagan was set to launch a Supreme Court injunction against the AFL and its independent investigation panel.

The families were told that the move would see them become “defendants” in a court battle over the racism probe where they would be identified “by name”.

The Fagan letter was described by one support person as a factor in the families’ decision to agree to a deal with the league.

If successful in achieving an injunction, the AFL’s independent investigation would have come to an immediate end.

The email from Clayton Utz partner Scott Sharry and senior associate Stephen Hurford to the families’ lawyer Leon Zwier reads: “Our client intends in the week commencing 29 May 2023, and no later than Thursday, 1 June 2023, to commence a proceeding in the Supreme Court of Victoria for orders in the nature of permanent injunctions restraining the continuation of the investigation.

“The proceeding … will include each of your clients as defendants, identifying each by name, on the basis that they are (with others) necessary parties because they are directly affected by the relief to be sought.

“The proceeding to be filed will not disclose any “information” as defined in the Deed concerning your clients other than their names.

“As the proceeding progresses, however, additional ‘information’ will be disclosed as part of the proceeding. Your clients will be notified in advance of each disclosure pursuant to the Deed.”

​

The families discussed the contents of the email with Zwier during a crisis meeting on Monday.

The letter gave the families until 4pm Monday to respond.

The prospect of a deal between the players and their families and the AFL appeared dead in the water on Sunday, but on Tuesday night league boss Gillon McLachlan announced the Hawthorn racism investigation was over and that no “adverse findings’’ were found against former Hawks coach Alastair Clarkson, former club football manager Fagan and former welfare boss Jason Burt.

In turn, the families agreed not to take legal action against the league.

The families, who had been determined to receive an apology from the former Hawks trio, were instead given a generic apology by the league to any Indigenous player who had suffered racism in the history of the game.

At least one of the families involved now regrets agreeing to the AFL deal in the belief they were used as a pawn aimed at resolving the eight-month racism dispute.

Fagan engaged law firm Clayton Utz after the scandal erupted in grand final week last year.

The former Hawks footy boss has repeatedly said he would welcome the opportunity to give his side of the story.

“I am not a party to the agreement between the complainants, the investigation panel and the AFL,” Fagan said in a statement on Tuesday.
“But I stand vindicated by it. I have made no concessions. There are none to make.

“I have always vigorously defended myself, and will always do so, as I have done nothing wrong.”

Clarkson, Fagan and Burt have all denied wrongdoing.

Fagan and Zwier were contacted for comment.

The best defence is offence.

 

[zoomba23]

Why's an injunction necessary if Fagan believes nothing untoward occurred? Does he simply feel hard done by by the fact he only had 48 hours before the ABC article was originally published? I'm no legal expert but that seems strange behaviour for a man claiming to be innocent

 

[Zebrah]

Doesn't have to be leaked - could have been given is the ABC's defence.

If Hawthorn gave the complaints the full report then they should lose draft picks.

 

[Devington]

If it was the threat to publish the names of the families that brought about the compromise/deal, then that doesn't bode well for them in terms of getting satisfaction from the AHRC or Federal Court.

I think it is more likely to be this part:

“The proceeding to be filed will not disclose any “information” as defined in the Deed concerning your clients other than their names.

“As the proceeding progresses, however, additional ‘information’ will be disclosed as part of the proceeding. Your clients will be notified in advance of each disclosure pursuant to the Deed.”

Maybe they're just bs rumours, but they've been consistent that there is "information" about most of the parties that doesn't paint a flattering picture.

Regardless, it would seem perhaps that the article is correct and that Fagan's legal threat changed everything, because it really did seem like the deal was beyond dead before then.

 

[DarkPhoenix]

The ABC defending Jackson using the fact he's a Wakely award winner is hilarious.
Be like Clarko coming out and saying "I can't be a racist, I won a tonne of premierships!"

 

[Makeshift Park]

Why's an injunction necessary if Fagan believes nothing untoward occurred? Does he simply feel hard done by by the fact he only had 48 hours before the ABC article was originally published? I'm no legal expert but that seems strange behaviour for a man claiming to be innocent

You can seek an injunction if you can demonstrate that someone is about to defame you.
Fages probably made the decision after he got access to the Hawthorn documents and his lawyers realised the strength of his position.

 

[Rod Stroker]

A legal letter sent by lawyers for Brisbane Lions coach Chris Fagan on Sunday helped turn the Hawthorn racism scandal on its head.

The email informed the four First Nations families at the centre of the saga that Fagan was set to launch a Supreme Court injunction against the AFL and its independent investigation panel.

The families were told that the move would see them become “defendants” in a court battle over the racism probe where they would be identified “by name”.

The Fagan letter was described by one support person as a factor in the families’ decision to agree to a deal with the league.

If successful in achieving an injunction, the AFL’s independent investigation would have come to an immediate end.

The email from Clayton Utz partner Scott Sharry and senior associate Stephen Hurford to the families’ lawyer Leon Zwier reads: “Our client intends in the week commencing 29 May 2023, and no later than Thursday, 1 June 2023, to commence a proceeding in the Supreme Court of Victoria for orders in the nature of permanent injunctions restraining the continuation of the investigation.

“The proceeding … will include each of your clients as defendants, identifying each by name, on the basis that they are (with others) necessary parties because they are directly affected by the relief to be sought.

“The proceeding to be filed will not disclose any “information” as defined in the Deed concerning your clients other than their names.

“As the proceeding progresses, however, additional ‘information’ will be disclosed as part of the proceeding. Your clients will be notified in advance of each disclosure pursuant to the Deed.”

​

The families discussed the contents of the email with Zwier during a crisis meeting on Monday.

The letter gave the families until 4pm Monday to respond.

The prospect of a deal between the players and their families and the AFL appeared dead in the water on Sunday, but on Tuesday night league boss Gillon McLachlan announced the Hawthorn racism investigation was over and that no “adverse findings’’ were found against former Hawks coach Alastair Clarkson, former club football manager Fagan and former welfare boss Jason Burt.

In turn, the families agreed not to take legal action against the league.

The families, who had been determined to receive an apology from the former Hawks trio, were instead given a generic apology by the league to any Indigenous player who had suffered racism in the history of the game.

At least one of the families involved now regrets agreeing to the AFL deal in the belief they were used as a pawn aimed at resolving the eight-month racism dispute.

Fagan engaged law firm Clayton Utz after the scandal erupted in grand final week last year.

The former Hawks footy boss has repeatedly said he would welcome the opportunity to give his side of the story.

“I am not a party to the agreement between the complainants, the investigation panel and the AFL,” Fagan said in a statement on Tuesday.
“But I stand vindicated by it. I have made no concessions. There are none to make.

“I have always vigorously defended myself, and will always do so, as I have done nothing wrong.”

Clarkson, Fagan and Burt have all denied wrongdoing.

Fagan and Zwier were contacted for comment.

Fages with the mic drop. I respect him even more now.

 

[Samsquanch]

Maybe they're just bs rumours, but they've been consistent that there is "information" about most of the parties that doesn't paint a flattering picture.

I suspect that this could be part of the reason Clarkson is in turmoil (I know it would get me). He probably felt that his best option to clear himself would have been to burn the complainants, and that might still need to happen. I think KIA34 was one who brought up that possibility almost on day one.

 

[Samsquanch]

The ABC defending Jackson using the fact he's a Wakely award winner is hilarious.
Be like Clarko coming out and saying "I can't be a racist, I won a tonne of premierships!"

Gee, even Martin di Stasio has a Wakely award.

 

[zoomba23]

You can seek an injunction if you can demonstrate that someone is about to defame you.
Fages probably made the decision after he got access to the Hawthorn documents and his lawyers realised the strength of his position.

Ah, wasn't aware of that. Cheers

 

[Tas]

Why's an injunction necessary if Fagan believes nothing untoward occurred? Does he simply feel hard done by by the fact he only had 48 hours before the ABC article was originally published? I'm no legal expert but that seems strange behaviour for a man claiming to be innocent

Because the AFL doesn't have jurisdiction to hear these types of claims and the longer that went on, the less likely he would realistically be able to get a fair hearing in a court given how long it has been going and the fact negative stories keep getting printed about the accused. I am surprised it took them this long to shut it down.

 

[Makeshift Park]

Ah, wasn't aware of that. Cheers

By the by... if, prior to publication, Clarkson, Fages and Burt could demonstrate to a court:

• that the ABC had a copy of the Egan report,
• that the Egan report defamed them,
• that report had been unlawfully leaked to the ABC, and
• the ABC were going to publish an article about the Egan report...

They could have sought an injunction against the ABC to stop the article becoming public.

 

[Makeshift Park]

Because the AFL doesn't have jurisdiction to hear these types of claims and the longer that went on, the less likely he would realistically be able to get a fair hearing in a court given how long it has been going and the fact negative stories keep getting printed about the accused. I am surprised it took them this long to shut it down.

I think this is probably key too - you can generally only sue for defo in the 12 months after the original publication, and since the story came out in September, the clocks already ticking.