A Supreme Court of Victoria hearing that was expected to address the confidentiality of material related to an AFL investigation into an explicit photograph scandal involving former Carlton boss Luke Sayers has been adjourned. The two-day hearing, initially scheduled for Friday, has been rescheduled for the following week.
The purpose of the hearing was to discuss what evidence might be protected by legal privilege leading up to a potential trial. It remains unclear who requested the adjournment or if both parties consented. Speculation suggests Sayers may be abroad, with reports indicating he intended to travel to Italy this week.
Sayers' estranged wife, Cate, has initiated defamation proceedings against him in the Supreme Court. She alleges that her estranged husband falsely implicated her in the posting of an explicit photograph from his social media account. Cate Sayers claims that her former husband defamed her, breached confidence, and committed an invasion of privacy by publishing a statutory declaration as he attempted to clear his name.
She further contends that the AFL collaborated with Sayers and Carlton to absolve him of responsibility for the photograph's publication. The photograph, posted on January 8 of the previous year, contained an image of a penis and tagged a female executive at Bupa, a sponsor of Carlton. Sayers has denied responsibility for the post.
Conflicting reports have emerged regarding the status of the legal dispute, with some suggesting a potential out-of-court settlement. The Age reported that no settlement had been reached and that overtures from Sayers' legal team had been rejected. Conversely, the Herald Sun claimed Sayers was considering caving to pressure to end the protracted legal battle, with one report suggesting Ms. Sayers is adamant any deal must include an apology and that Mr. Sayers was determined to settle.
However, a statement to that effect has not been released. The Age noted that any apology from Sayers could create further legal complications, given his reliance on a sworn statutory declaration to resolve the matter with the AFL.
Sayers had previously attempted to have the case moved to the Federal Circuit and Family Court, arguing for it to be heard by a judge rather than a jury and away from public scrutiny. Justice Andrew Watson dismissed this application, ruling that it was not in the interests of justice to transfer the proceeding and that defamation trials are typically heard in public.
This decision ensures that the case will likely face significant public and media attention when it proceeds to trial, which is anticipated next year and could become one of the most controversial civil trials of the decade. Sayers was recently observed at the 2026 Million Dollar Lunch in Melbourne with his marketing manager girlfriend, Alexandra Elms, but reportedly avoided media interactions.
