Cate Sayers’ – Cate Sayers wiped away tears inside Victoria’s Supreme Court as her defamation case against estranged husband Luke Sayers entered a crucial stage, with the judge hearing arguments about whether the matter should be moved to the Federal Court’s family division.
Cate Sayers wiped away tears inside Victoria’s Supreme Court on Monday as a bitter legal fight with estranged husband Luke Sayers escalated into a showdown over how her defamation claim should be heard.
The high-profile hearing focused on her lawsuit against the former Carlton president after the explosive social media scandal that rocked the AFL in 2025.. Cate Sayers is suing Luke Sayers for defamation. alleging he falsely implied she was responsible for posting an explicit image from his X account during last year’s “d**k pic” fallout.. Luke Sayers. for his part. has maintained hackers compromised his account before he resigned as Carlton president shortly after the AFL cleared him of wrongdoing following an integrity investigation.
During submissions. barrister Matt Collins KC told Justice Andrew Watson that the case would likely come down to which witness was believed.. “One person’s word against another will be the central issue,” the court heard.. Collins added: “In this case, findings of fact will turn on credit,” and said cross-examination was inevitable.. “It’s inevitable there is going to be cross-examination of both witnesses …. [and] submission as to which witness ought to be believed,” he said.
The court was also informed that the matter could become a test of credibility for both parties if it reaches trial, as each side prepares to challenge the other’s account of events. “One person’s word against another will be the central issue,” returned as the key message in the arguments.
The hearing drew an unexpected celebrity presence. Acclaimed Australian actress Rachel Griffiths was seen leaving court alongside Cate Sayers and her legal team, with it understood she attended while conducting research connected to a possible future production.
The procedural conflict at the centre of Monday’s hearing was whether the case should be moved.. Lawyers for Luke Sayers argued the matter should be transferred from the Supreme Court to the family division of the Federal Court. where proceedings would not be publicly aired before a jury.. Collins said the extensive publicity around the saga had become damaging, describing it as salacious and tabloid-like.. He told the court: “Salacious at times. it’s been gleeful. it seems to drip in schadenfreude. it’s often tabloid in every sense of the word. ” adding that the attention was impacting Luke Sayers’ “ability to do business.” Collins also warned that a public trial involving sensitive material could become “logistically complicated”.
Justice Watson appeared unconvinced by parts of the submission.. “I wouldn’t regard that as your best point. ” the judge responded after concerns were raised about managing privacy issues in open court.. Justice Watson noted the Supreme Court routinely handled matters involving “allegations of the most sensitive nature.”
Cate Sayers is opposing the transfer and wants the matter heard publicly before a jury in Victoria’s Supreme Court.. Her barrister, Sue Chrysanthou SC, said her client was seeking public vindication and wanted jurors to hear directly from her.. “From my client’s perspective, that involves the public being able to see that and to hear her evidence,” Chrysanthou said.
At one stage, the hearing was briefly closed to the public during arguments over confidential material, privacy concerns and breach of confidence. Justice Watson reserved his decision on the competing applications at the conclusion of Monday’s proceedings.
The legal fight has turned on the sequence of events following Luke Sayers’ “d**k pic” scandal. including the fallout inside the AFL and Carlton.. The decision came after Cate Sayers sought court orders compelling the AFL and Carlton to hand over internal communications related to the former Blues president’s infamous social media posting.. Those orders could force senior league officials. club figures and advisers to produce emails. messages and internal documents linked to fallout from the explicit image that briefly appeared on Luke Sayers’ X account during a family trip to Italy in January last year.
The image. which tagged a female executive connected to major Carlton sponsor Bupa. was removed within minutes before Luke Sayers publicly claimed his account had been hacked.. Court documents reveal Cate Sayers is now seeking access to communications between AFL executives. Carlton officials and members of Luke Sayers’ inner circle as she attempts to prove the league’s integrity investigation was compromised from the outset.
Among those subject to the proposed court orders is AFL corporate affairs boss Sharon McCrohan, who had previously been brought in to help manage the public relations fallout surrounding Sayers after the post went viral.
Cate Sayers launched her defamation lawsuit in January. alleging Luke Sayers falsely implied she was behind the publication of the explicit photo.. Court documents say she accuses him of alleging she was responsible for posting the lewd photo on his X account. after he provided a statutory declaration to the AFL Commission’s integrity unit.
Luke Sayers accused hackers of infiltrating his social media accounts and sending the graphic sexual image to a female executive at one of the club’s key sponsors.. He quit as president of the club on January 22 last year. with the announcement coming just minutes after the AFL cleared him of any wrongdoing.
Luke Sayers Cate Sayers Carlton AFL defamation Supreme Court Federal Court cross-examination d**k pic scandal Bupa Sharon McCrohan Rachel Griffiths