Key Developments in Victorian Supreme Court Hearing
Cate Sayers, the estranged wife of former Carlton president Luke Sayers, prefers a jury to decide her defamation trial stemming from the explicit photo incident on his X account. During a brief directions hearing at the Victorian Supreme Court on Friday, neither party attended.
Leading barrister Sue Chrysanthou SC, representing Cate Sayers, informed Judicial Registrar Andrew Baker that her client wants a jury trial, though a box on the paperwork was overlooked. Applications to amend writs, determine the trial mode, or transfer to the Federal Court must occur by mid-May. The trial is scheduled to begin on November 23 in the Victorian Supreme Court and last five to seven days unless relocated.
Background of the Explicit Photo Scandal
The dispute arose after an image of Luke Sayers’ penis appeared on his X account at 7:40 a.m. on January 8, 2025, tagging Naomi Driver, a Bupa executive and Carlton sponsor. Although the AFL cleared Sayers, he resigned as club president on January 22, 2025.
“Leading the Carlton Football Club has been one of the great honours and privileges of my life,” Sayers stated in his resignation announcement.
Cate Sayers learned of the post through a close friend. Sayers quickly deleted it, posting, “Sorry, my account has been hacked, please ignore all posts.” Screenshots circulated widely online.
Cate Sayers’ Defamation Claims
Cate Sayers accuses her ex-husband of defaming her in a statutory declaration to the AFL Commission’s integrity unit during the investigation. Court documents allege Sayers blamed her for posting the image and shared details of her sexual history and mental health to portray her as “unstable, untrustworthy, erratic, mentally disturbed.”
She claims the AFL statements legitimized his declaration, leading to her being shunned by the AFL and Carlton communities. Cate Sayers seeks damages for distress, hurt, and embarrassment, plus equitable compensation and a copy of the statutory declaration. Notably, AFL investigators did not interview her.
Cate Sayers founded a not-for-profit organization offering fitness programs for people with Down syndrome.
Luke Sayers’ Defense
Sayers, now a director at consultancy firm Tenet (formerly Sayers Group), filed his defense on Wednesday. He claims Cate told him “let’s see how you get out of this one” the day after the post. Sayers alleges the photo was taken for medical purposes, which Cate knew about, and accuses her of accessing his phone to take emails, texts, and photos, including a confidential draft statement to the AFL.
Barrister Matt Collins KC, representing Sayers, described the case as involving “highly sensitive family matters.” Sayers pursues a qualified privilege defense, stating he was showering in an Italian hotel room during the post, with his phone in the bedroom. He notes his X account was managed by assistants and maintains a professional relationship with the Bupa executive.
Documentation supported his belief that Cate may have posted it, despite her denial. “He did not knowingly publish any false information in, and stands by the contents of, the statutory declaration,” his defense states.
Recent Personal Developments
The court update follows sightings of Sayers with marketing manager Alexandra Elms, previously linked to V8 Supercars driver James Courtney in 2019. On Wednesday, the pair walked hand-in-hand in a park near Sayers’ East Melbourne apartment, joined by his daughter Claudia and a family dog. Sayers’ other daughter Bronte follows Elms on Instagram.
The couple shares four children. Further court dates are pending.
