Lawyers for the victim claim the 2009 Copeland Trophy champion failed to pay the agreed compensation before last Friday’s deadline.
Swan, Wayne Carey’s nephew Kade Carey and former Williamstown player Aaron Ramsay had agreed to pay Claudio Celano as a result of a vicious 2003 attack.
Mr Celano, of Preston, was left with fractures to his eye socket, cheekbone, wrist and nose, bruises to his ribs and chest and lacerations to his shoulder.
He sued the three for damages in the County Court but reached a confidential settlement last month.
The Herald Sun believes the parties agreed to a payment of $100,000.
“After some six years of litigation, during which time Claude has been unable to work and has suffered ongoing pain, memory loss and psychological injuries, he has now found that Swan, Carey and Ramsay are not even prepared to pay a settlement sum previously agreed upon,” lawyers for Mr Celano said yesterday.
“They have shown a total lack of remorse for this vicious attack and the injuries caused. For how long will Claude need to wait for compensation, or even an apology?”
Lawyers for Swan, Carey and Ramsay declined to discuss the terms of settlement yesterday but said the three planned to honour their commitments.
A fresh court date has been set by Mr Celano’s lawyers for November 10 in a bid to collect the money.
Swan, Carey and Ramsay pleaded guilty to affray in the County Court in 2006 and were ordered by a judge to perform community service.
Carey, a former Essendon VFL player, was also given a two-month wholly suspended jail sentence for punching a policeman in the face.
Three security guards were also injured in the 2003 fracas in which the footballers kicked and punched their victims in front of shocked witnesses.
His lawyers say Mr Celano, who was working at Federation Square, suffered a brain injury that left him borderline intellectually disabled.