Gambling
FocusPapers in the area of Gambling.
Gambling Law & Regulation - December 2011
23 December 2011
Author: Jamie Nettleton, Partner
Practice area: Gambling
In this newsletter, we address the implications of the report of the recent inquiry into online and interactive gambling conducted by the Parliamentary Joint Select Committee on Gambling Reform on both the Australian wagering sector and the regulation of online gaming in Australia.
Gambling Law and Regulation - Recent developments in Australian gambling law - September 2011
30 September 2011
Author: Jamie Nettleton, Partner, Justine Munsie, Partner, Cate Sendall, Senior Associate and Richard Keegan, Senior Associate
Practice area: Gambling
In this edition: * High Court Appeals in Sportsbet and Betfair * Taxation Commissioner Ordered to Pay Multimillion Dollar Refunds to Australian Wagering Operator: Could You Benefit from the Federal Court Ruling Too? * Federal Court Rules in Favour of Betbox: The End of Retail Exclusivity? * DBCDE Reviews the IGA: Will the Federal Government Change the Law on Online Gaming? * NSW Law Reform Commission Proposes New Laws on Cheating in Sport * Copyright in Databases: Australia's High Court Refuses to Grant Telstra Special Leave. What does this Mean for Wagering Operators?
Australia - Online Gambling Review - Inquiry by Joint Select Committee on Gambling Reform into Interactive Gambling - Further Review of Internet Gaming and Wagering
17 May 2011
Author: Jamie Nettleton, Partner
Practice area: Gambling
On 17 May 2011, the Joint Select Committee on Gambling Reform (JSCOGR) announced its Inquiry into Interactive Gambling. Among the matters to be considered by the Inquiry are the current regulatory framework relating to interactive gambling (which will involve a review of both gaming and wagering over the Internet), as well as issues relating to match-fixing and gambling advertising. In our conversation with an officer of the Committee today, submissions from all parties involved in, or interested in, online gambling activity are invited.
Australia - Online Gambling Regulation in 2011 - Extracts Published in February 2011 Edition of World Online Gambling Law Report
24 March 2011
Author: Jamie Nettleton, Partner
Practice area: Gambling
While some may have thought the release of the Australian Productivity Commission's long-awaited report into gambling in June last year would have meant the end of government inquiries into the gambling sector for some time, it appears it is only the first of many.
NSW Race Fields Legislation - Constitutional Challenge by Betfair and Sportsbet - Round 2 - Does this Mean Clarity for Wagering Operators in Australia? Will There be a Round 3?
17 November 2010
Author: Jamie Nettleton, Partner
Practice area: Gambling
Today's decisions by the Full Court in Betfair Pty Ltd v Racing New South Wales and Racing New South Wales v Sportsbet Pty Ltd are a significant event in the discussion relating to the validity of Australian race fields legislation. In its decision, the Court has acknowledged the validity of the New South Wales race fields regime by refusing to declare as invalid and contrary to the Constitution either the race fields regime or the approvals granted to wagering operators.
Sportsbet v VCGR: The End of Retail Exclusivity in the Grant of Australian Gambling Licences?
10 November 2010
Author: Jamie Nettleton, Partner
Practice area: Gambling
Sportsbet has challenged the ability of State Governments to prevent the deployment of retail betting terminals that connect to the website of a licensed interstate betting operator. Any decision could have wide ranging ramifications on any exclusivity or preferred rights conferred under licences (and the value of those licences) in Australia to conduct betting from retail premises located in a particular State/Territory.
Wagering Operators and the Effect of the Australian Consumer Law: A Fair Bet?
20 October 2010
Author: Jamie Nettleton, Partner
Practice area: Gambling
The ACL will replace the existing consumer protection framework provided by the Trade Practices Act 1974 (Cth) (the TPA) and similar legislation at the State and Territory level. The TPA will be renamed the Consumer and Competition Act 2010 (Cth) (the CCA) and the ACL will be included as a schedule to the CCA.
Wilkie's Pokies Plan to feature In Australian Minority Goverment
9 September 2010
Author: Jamie Nettleton, Partner
Practice area: Gambling
Jamie Nettleton was interviewed by Gambling Compliance for his opinion on the potential ramifications of the new Federal Government for the Australian electronic gaming machine sector.
Are England and Australia Heading in Different Directions Regarding Copyright in Sporting Fixtures - Implications for Wagering Operators?
30 July 2010
Author: Jamie Nettleton, Partner
Practice area: Gambling
Gambling - Australian Productivity Commission Final Report on Gambling (June 2010) - What does this mean for the gaming machine sector?
28 June 2010
Author: Jamie Nettleton, Partner
Practice area: Gambling
On Wednesday (23 June 2010), the Productivity Commission (Commission) released its Final Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and follows on the Commission's Draft Report published in October 2009.
Wagering - Australian Productivity Commission Final Report on Gambling (June 2010) - What does this mean for the wagering sector?
23 June 2010
Author: Jamie Nettleton, Partner and Andrew Dawson, Special Counsel
Practice area: Gambling
Earlier today (23 June), the Productivity Commission ("Commission") released its Final Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and follows on from the Draft Report the Commission published in October 2009.
Online Gaming - Australian Productivity Commission Final Report on Gambling (June 2010) - What does it mean for the online gaming sector?
23 June 2010
Author: Jamie Nettleton, Partner and Andrew Dawson, Special Counsel
Practice area: Gambling
Earlier today (23 June 2010), the Productivity Commission (Commission) released its Final Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and follows on from the Draft Report the Commission published in October 2009.
Race fields fees based on 1.5% of turnover: All bets are off? - NSW Race Fields Legislation - Constitutional Challenge by Betfair and Sportsbet - Round 1
16 June 2010
Author: Jamie Nettleton, Partner
Practice area: Gambling
Today's Federal Court decisions in the fiercely contested matters of Betfair v Racing New South Wales & Anor and Sportsbet v State of New South Wales & Ors are milestones in the ongoing dispute between wagering operators and Australian racing control bodies concerning the manner in which race fields fees can be imposed validly.
Australia: Copyright in Race Fields and Sporting Fixture Lists - What does the Telstra Telephone Directories case mean for the Racing Sector? - When will copyright subsist?
26 February 2010
Author: Jamie Nettleton, partner
Practice area: Gambling
For some time now, elements of the racing industry have considered copyright as a legitimate means to obtain a financial contribution from bookmakers who utilise race information without the racing industry's permission. This continues to be the case despite the High Court's 2009 unanimous decision in the IceTV Case where the High Court ruled that IceTV did not infringe copyright in Nine's television program schedule. The High Court found that there was no substantial reproduction of Nine's program titles and times in IceTV's electronic program television guide. A recent case, involving Telstra Directories, has concluded that copyright did not subsist in Telstra's white and yellow directories. This raises significant obstacles to any party seeking to establish copyright in databases compiled from factual information. Racing and sporting bodies will have to address these issues if they wish to pursue unauthorised users of their racing and sports fixture information (including wagering operators) on the basis of copyright infringement.
Administrative Law - Are you unhappy with a government decision or action that affects your business? - Administrative law may be of assistance!
1 February 2010
Author: Jamie Nettleton, Partner
Practice areas: Gambling, Commercial Litigation & Dispute Resolution and Corporate, Mergers & Acquisitions
Every day public bodies exercise their power to make decisions which impact adversely your business. Has your business been affected by a decision or action taken by a government department, authority or statutory body which you consider to be adverse or unfair? Help may be at hand through administrative law by using the avenues available to challenge the legality or merit of the decision or action.