Former Carlton president Luke Sayers’ repeated and varied offers to his ex-wife, Cate, to settle her defamation action against him have been rejected, as the warring former couple prepare to face off in court this week.
A source close to Cate Sayers, not authorised to speak publicly, confirmed to this masthead that there had been no settlement in their bitter legal battle and that overtures from Luke Sayers’ legal team towards resolving the matter had so far been rejected.
Cate has sued her ex-husband for defamation over his handling of an explicit picture scandal involving publication of a photograph of Sayers’ penis on his X account in January last year.
On Friday, the former couple are scheduled to meet in the Victorian Supreme Court, where the businessman is seeking to keep material relating to the AFL’s investigation into the scandal kept secret. The battle over what material can be subject to legal privilege is set to take place over two days.
The court proceedings come as the AFL deals with myriad issues that have the potential to negatively affect the league’s reputation.
Victoria Police is investigating an allegation of sexual assault in a Melbourne hotel room where five Sydney Swans players were present including star Isaac Heeney amid a night of partying involving drugs and alcohol earlier this month. All five players, including Heeney, have denied criminal wrongdoing.
The AFL and its chair, Craig Drummond, have also been managing a controversy over how contract negotiations were handled by the Geelong Cats with repeatedly concussed player Jake Kolodjashnij and the inclusion of a secret legal waiver in his playing contract.
In the Sayers defamation battle, the conduct of two of the AFL’s most senior executives – executive general manager of corporate affairs Sharon McCrohan and general counsel Stephen Meade – as well as its Integrity Unit are expected to come under intense scrutiny. The Sayers legal battle will also be played out against the backdrop of the AFL finals, with Carlton set to play Geelong next Friday night.
A statutory declaration sworn by Luke Sayers was key to him being cleared of wrongdoing by the AFL for the nude photo’s publication on social media. A female executive at one of Carlton’s sponsors was also tagged in the post.
Luke Sayers’ statutory declaration now forms the basis of Cate’s defamation case. The document declared that Cate’s denials about posting the explicit picture could not be trusted, that she suffered from mental illness, and at times refused to take her medication. It also contained an express request that neither the police nor the AFL interview Cate.
Luke Sayers, who unsuccessfully sought to have the legal battle with his ex-wife played out in secret in the Family Court, and the AFL have been given the opportunity to keep key parts of material relating to the league’s January 2025 investigation into the businessman’s explicit picture scandal secret.
In court filings, Cate has already questioned the AFL’s investigation and Carlton’s internal processes around the scandal, claiming they were “not conducted adequately or honestly”.
“The AFL … worked closely with Carlton and Luke directly to provide an outcome that publicly exonerated Luke,” she has told the court.
The source close to Cate stressed on Sunday that any settlement would need to include a full apology. This, however, could have important legal ramifications for Luke Sayers, who relied on his sworn statutory declaration to resolve the matter with the AFL. Including false statements in a statutory declaration is a serious criminal offence and can result in heavy fines or imprisonment.
The couple, who were red carpet regulars at social events, have four adult daughters. Two of the children have publicly vowed to support their father as his high-profile legal battle with their mother unfolds.
Cate Sayers, via her lawyer Rebekah Giles from Giles George, was contacted but declined to comment. Luke Sayers, via his lawyer Leon Zwier from Arnold Bloch Leibler, was also contacted but did not respond.
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