The estranged wife of former Carlton president Luke Sayers prefers a jury to decide her defamation trial linked to the dick pic scandal.
Court Hearing Details
During a brief directions hearing at the Victorian Supreme Court on Friday, neither Luke nor Cate Sayers attended. Leading defamation barrister Sue Chrysanthou SC, representing Cate, informed Judicial Registrar Andrew Baker that her client wants a jury trial, though she overlooked ticking the relevant box on the paperwork.
Applications to amend writs, determine the trial mode, or transfer the case to the Federal Court must occur by mid-May. The trial is scheduled to begin on November 23 in the Victorian Supreme Court and is expected to last five to seven days unless relocated.
Background of the Scandal
Cate filed the Supreme Court action after a lewd photo of Luke’s penis appeared on his X account at 7:40 a.m. on January 8, 2025, tagging Naomi Driver, a Bupa executive and Carlton sponsor. Despite AFL clearance, Luke resigned as club president.
‘Leading the Carlton Football Club has been one of the great honours and privileges of my life,’ Luke stated in his January 22 resignation.
Cate learned of the post through a close friend. Luke quickly deleted it, posting: ‘Sorry, my account has been hacked, please ignore all posts.’ Screenshots circulated widely online.
Cate’s Defamation Claims
Court documents show Cate alleges defamation from Luke’s statutory declaration to the AFL Commission’s integrity unit during the investigation. She claims it led to her shunning by the AFL community.
Cate’s lawyers accuse Luke of revealing her ‘sexual history and mental health’ to portray her as ‘unstable, untrustworthy, erratic, mentally disturbed.’ She alleges he disclosed her mental illness, medication non-compliance, and family relationships.
Cate seeks damages for distress, hurt, and embarrassment, plus equitable compensation and a copy of Luke’s statutory declaration. The AFL reportedly did not interview her during the probe.
Her claim states: ‘The conclusion of the AFL inquiries… legitimised the statutory declaration and implied… that Luke’s evidence should be trusted and that his wife, Cate, posted the X post.’ She reports ongoing avoidance by AFL, Carlton, and associated contacts.
Luke’s Defense
Luke lodged his defense on Wednesday, pursuing qualified privilege rather than truth. He claims Cate said, ‘let’s see how you get out of this one,’ the day after the post.
Barrister Matt Collins KC described the case as involving ‘highly sensitive family matters.’ Luke asserts the photo was taken for medical purposes, with Cate’s knowledge. He accuses her of accessing his phone for emails, texts, and photos, including a ‘confidential and legally privileged’ draft AFL statement.
Luke states he was showering in an Italian hotel during the posting, with his phone in the bedroom. He notes his X account was managed by assistants and that Cate knew of his professional ties to the Bupa executive.
His defense affirms: ‘He did not knowingly publish any false information in, and stands by the contents of, the statutory declaration.’ Documentation supported his belief that Cate may have posted it, despite her denial.
Recent Developments
Recent sightings show Luke strolling hand-in-hand with marketing manager Alexandra Elms near his East Melbourne apartment, joined by daughter Claudia and the family dog. They appeared relaxed, sipping coffee. Details of their relationship remain unclear, though daughter Bronte follows Elms on Instagram. Elms previously dated V8 Supercars driver James Courtney in 2019.
The trial returns to court at a later date.
