Gambling
FocusPapers in the area of Gambling.
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.
Productivity Commission Draft Report on Gambling (October 2009) - What does it mean for the gaming machine sector?
22 October 2009
Author: Jamie Nettleton, Partner and Andrew Dawson, Special Counsel
Practice area: Gambling
Yesterday (21 October 2009), the Productivity Commission released its Draft Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and precedes a Final Report to be released in February 2010.
Productivity Commission Draft Report on Gambling (October 2009) - What does this mean for the wagering sector?
21 October 2009
Author: Jamie Nettleton, Partner and Andrew Dawson, Special Counsel
Practice area: Gambling
Earlier today (21 October), the Productivity Commission released its Draft Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and precedes a Final Report to be released by 26 February 2010.
Productivity Commission Draft Report on Gambling (October 2009) - What does it mean for the online gaming sector?
21 October 2009
Author: Jamie Nettleton, Partner and Andrew Dawson, Special Counsel
Practice area: Gambling
Earlier today (21 October 2009), the Productivity Commission released its Draft Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and precedes a Final Report to be released in February 2010.
What does the IceTV Decision Mean for the Racing Sector?
12 May 2009
Author: Jamie Nettleton, Partner
Practice area: Gambling
Australia - Copyright in race fields/sports fixtures lists. Does copyright subsist? Will bookmakers use of race fields/sports fixtures constitute infringement of copyright held by racing/sports bodies
Smoking Ban in NSW - What does it mean in respect of Outdoor Areas for Pubs, Clubs and Other Gambling Venues?
13 November 2008
Author: Jamie Nettleton, Partner
Practice area: Gambling
ClubsNSW commenced proceedings in the NSW Supreme Court in a bid to obtain certainty on whether the outdoor area of a club was an area where club patrons could smoke legally.
Is Poker a Game of Chance? - The Australian Position
20 August 2008
Author: Jamie Nettleton, Partner
Practice area: Gambling
The recent case of Police v Jones, Police v Ravesi [2008] SAMC 62 confirms that poker involves skill and is not merely a game of chance. Although the outcome of this case was dependent on the specific wording of the South Australian statute, it confirms the view taken by most Australian authorities that poker should be treated different from other games when considering whether unlawful gambling has taken place.
Race Fields Legislation - Will the New South Wales Legislation withstand a Constitutional Challenge?
2 July 2008
Author: Jamie Nettleton, Partner
Practice area: Gambling
NSW race fields legislation came into force on 1 July 2008. The offence provisions contained in the legislation come into effect on 1 September 2008.
Internet Regulation - End of Cross-Border Restrictions on Gambling Activities?
27 March 2008
Author: Jamie Nettleton, Partner
Practice area: Gambling
Today's High Court decision in Betfair & Anor -v- Western Australia is a watershed in the regulation of betting exchanges and other wagering and sportsbetting operators as well as other Internet businesses in Australia.
Are problem gamblers owed a duty of care under Australian law?
14 November 2007
Author: Jamie Nettleton, Partner
Practice area: Gambling
Although it is generally understood that no duty of care is owed to problem gamblers to prevent them from suffering gambling loss, recent Australian case law suggests that there may be instances where a successful claim in negligence can be brought.
Against the Odds - Pokies Prevail in Victoria Despite Community Concerns
13 February 2007
Author: Jamie Nettleton, Partner
Practice area: Gambling
In what has been portrayed in the local media as a brazen move, a tribunal in the State of Victoria, Australia, has delivered two judgments in favour of the installation of poker machines (slot machines) at venues in two centres in the face of fierce opposition from communities, local councils and the Victorian Government's own gaming regulator, the Victorian Commission for Gambling Regulation
Registered Clubs Amendment Act 2006 and Gaming Machines Amendment (Retail Shopping Centres) Regulation 2006.
13 February 2007
Author: Jamie Nettleton, Partner
Practice area: Gambling
Two legislative changes came into force December 2006, significantly changing the legal framework for Registered Clubs in New South Wales. Both acts provide clubs with greater operational scope and increase their range of investment and business opportunities. Given the far-reaching consequences of these changes, it is important that registered clubs are aware of how they will be affected.