Former Carlton Football Club boss Luke Sayers has been unsuccessful in his attempt to prevent a contentious legal battle with his estranged wife from being heard in public. The Supreme Court of Victoria has ruled against his application to have the defamation proceedings moved to a more private court.
Legal Dispute Erupts Over Social Media Scandal
The high-profile dispute centers on accusations of defamation, breach of confidence, and invasion of privacy. The legal action was initiated by Cate Sayers in January, following an incident involving a sexually explicit image posted from Luke Sayers’ X account during a scandal that emerged in early 2025. She alleges that her estranged husband falsely implied she was responsible for the image’s publication.
Luke Sayers subsequently filed a summons in March, seeking to transfer the case from the Supreme Court of Victoria to the Federal Circuit and Family Court. His argument was that the latter court’s proceedings are typically conducted in private, before a judge alone, rather than involving a jury.
Court Denies Secrecy Bid
However, on Wednesday, Supreme Court of Victoria Justice Andrew Watson dismissed Sayers’ application. Justice Watson stated that it was “not in the interests of justice to transfer the proceeding” and that the case was not more appropriately handled by the Family Court.
In his judgment, Justice Watson elaborated that the Family Court has stringent rules limiting the publication of court proceedings, which he found to be at odds with the fundamental purpose of defamation law. “An important function of the tort of defamation is the capacity it provides to a successful plaintiff to vindicate their reputation,” he noted. “It can also provide an opportunity for a defendant to vindicate their decision to publish.”
Open Justice Principles Prevail
The judge emphasized that defamation trials are typically held in public, adhering to the principles of open justice enshrined in the Open Courts Act 2013 (Vic). While acknowledging that certain aspects of a trial might require confidential handling or a closed court, the default in the Supreme Court is an open hearing, contrasting with the Family Court’s emphasis on confidentiality.
Jury Trial Request Sparks Debate
The proceedings also saw a complication regarding the request for a jury trial. Court documents revealed that Cate Sayers only requested a jury after her estranged husband had indicated his intention to transfer the case. The judge noted that no explanation was provided for this shift in position, stating that “Cate provides no positive basis on which she asserts the discretion to order a jury trial should be exercised in her favour.”
Luke Sayers had resigned as Carlton president shortly after the AFL cleared him of wrongdoing in an integrity unit investigation related to the social media scandal. He had claimed that his account was compromised by hackers.
