Gambling Law & Regulation Newsletter August 2017
Welcome to the August 2017 edition of Addisons Gambling Law & Regulation Newsletter. This Newsletter is produced in advance of the 2017 Australasian Gaming Expo and the further consideration by the Australian Senate of the Interactive Gambling Amendment Bill which, if passed, will represent the most significant change to Australia’s regulatory regime related to online gambling since the law came into force in 2001.
Devil in the detail - Australia’s GST Laws Overhauled - GST to apply to the offshore supply of digital products and services to Australian consumers from 1 July 2017 - What does this mean for the offshore online gambling industry?
From 1 July 2017, Australia’s goods and services tax (GST) laws will be significantly overhauled.
The Devil is in the detail - GST threshold for low value goods to be removed with effect from 1 July 2018 - What does this mean for the direct selling industry?
From 1 July 2017, Australia’s goods and services tax (GST) laws will be significantly overhauled.
Federal Court orders Acquire to pay a $4.5 million penalty - A lesson in how not to conduct telemarketing activities
On 30 May 2017, the Federal Court ordered Acquire Learning and Careers Pty Ltd (Acquire) to pay penalties of $4.5 million for engaging in unconscionable conduct, making false or misleading representations and breaching the unsolicited consumer agreement provisions contained in the Australian Consumer Law (ACL).
Direct Selling Legal Update - June 2017
Welcome to the latest issue of the Addisons Direct Selling Legal Update.
Australian Consumer Law Review – Final Report Released – What next for those in the direct selling industry?
Consumer Affairs Australia and New Zealand (CAANZ) released its long awaited Final Report on the Australian Consumer Law Review (Report) in April 2017. The Report makes a number of recommendations and proposals, which are of particular relevance to the direct selling industry. We outline some of those recommendations and proposals below, including those relating to unsolicited consumer agreements and a general prohibition in respect of unfair trading.
Proposed Changes to Australian Complementary Medicine Regulation - Have your say by 28 March 2017
In February 2017, the Therapeutic Goods Administration (TGA) released a consultation paper, Reforms to the Regulatory Framework for Complementary Medicines (Consultation Paper), in which extensive reforms are proposed to the manner in which complementary medicines are regulated in Australia.
Data Breach Notification to become Mandatory in Australia
Australia’s long-awaited data breach notification legislation has today been passed by the Senate. To date in Australia, it has not been mandatory to give notice about data breaches to individuals affected by the breach or to the Australian Information Commissioner.
Australia – Mandatory Data Breach Notification – just around the corner?
In 2016, the reporting of data breaches in Australian media is almost a daily occurrence. Most recently, in late October 2016, the Australian Red Cross suffered a data breach on its website DonateBlood.com.au.
Gambling Law & Regulation - September 2016
Welcome to a bumper issue of Addisons’ latest Gambling Law & Regulation Newsletter.
Australian Consumer Law Review - What happens now?
The introduction of the Australian Consumer Law (ACL) in 2010 was underpinned by the ‘Intergovernmental Agreement for the Australian Consumer Law’ signed by the Council of Australian Governments (Intergovernmental Agreement).
Game Over: Federal Court finds Valve in Breach of Australian Consumer Law
On 24 March 2016, Justice Edelman of the Federal Court of Australia handed down a judgment against American company Valve Corporation (Valve) in the matter of ACCC v Valve Corporation (No 3)  FCA 106 for breaches of the Australian Consumer Law (the ACL).
Direct Selling Legal Update - July 2016
Welcome to the latest edition of the Addisons Direct Selling Legal Update.
When will independent contractors be considered employees? The Australian Federal Court considers this issue in the context of the direct selling industry
Determining whether a worker is an employee rather than an independent contractor can be difficult! The Australian Federal Court was recently required to determine this issue in Fair Work Ombudsman v Ecosway Pty Ltd .
Australian Consumer Law Review - An opportunity for direct selling companies to have their say on the “unsolicited consumer agreement” provisions
Five years have passed since the Australian Consumer Law (ACL) was introduced. Since that time, many direct selling companies and their independent distributors have had to comply with the requirements concerning “unsolicited consumer agreements” (UCA) contained in the ACL. This has involved, for example, the preparation of documents which address the very prescriptive UCA disclosure and notice requirements.
Direct Selling Legal Update - December 2015
Welcome to the latest edition of the Addisons Direct Selling Legal Update. 2015 has seen many developments which will impact Australia’s direct selling sector. We consider some of those issues in this Legal Update.
Legitimate Shopping Scheme or Pyramid Scheme? Australian Federal Court decides that the Lyoness shopping scheme is not a pyramid scheme - ACCC’s proceedings against Lyoness dismissed
On 23 October 2015, the Federal Court determined that the shopping scheme operated by various Lyoness companies was not in breach of the pyramid scheme and referral sale prohibitions contained in the Australian Consumer Law (ACL).
No Sweat! The ACCC accepts an undertaking from Danoz Direct in respect of its Abtronic X2 infomercials
Conducting advertising campaigns which contain unsubstantiated claims is very risky and never advisable. If a claim is “too good to be true”, this is likely the case as is evidenced by the recent Australian Competition and Consumer Commission (ACCC) investigation of Danoz Direct Pty Ltd (Danoz).
When is a distribution agreement not a distribution agreement? When the NSW Court of Appeal determines that it is a franchise agreement! Workplace Safety Australia v Simple OHS Solutions Pty Ltd  NSW CA 84
The New South Wales Court of Appeal was required recently to consider whether an exclusive distribution agreement constituted a “franchise agreement” under, and therefore subject to, the Franchising Code of Conduct (the Franchising Code).
Unfair Contract Term Provisions protecting Consumers to be extended to Small Business - Draft Legislation Released - How does this affect your business?
The Australian Federal Government is seeking to extend protection for small business against unfair contract terms contained in the Australian Consumer Law (ACL).
Extending Unfair Contract Term Provisions protecting Consumers to Small Business - Draft Legislation Released
In late April 2015, the Australian Federal Government released for public consultation draft legislation to give effect to the extension of the protections against unfair contract terms contained in the Australian Consumer Law (ACL) to protect small business. If the legislation is enacted, a term of a standard form contract offered to small businesses may be declared void if it is unfair.
Direct Selling Legal Update - April 2015
Welcome to the latest edition of the Addisons Direct Selling Legal Update.
In this edition, we take a look at some developments which may impact on those in the direct selling sector.
ACCC 2015 Compliance and Enforcement Policy
Earlier this year, the Australian Competition and Consumer Commission (ACCC) released its Compliance and Enforcement Policy (Policy) for 2015. Among other matters, the Policy sets out the ACCC’s priorities for enforcement-related activities for 2015.
Food Regulator Approves New Australian and New Zealand Food Standards Code – What does this mean for the direct selling industry?
In December 2014, Food Standards Australia New Zealand (FSANZ) released its approved final revision of the Australian New Zealand Food Standards Code (the Code).
Australian Unfair Contract Term Provisions protecting Consumers to be extended to Small Business
On 20 March 2015, the Australian Federal Government announced that the protections against unfair contract terms contained in the Australian Consumer Law (ACL) will be extended to protect small business.
The New Health Star Rating System in Australia and New Zealand
The Australian and New Zealand Ministerial Forum on Food Regulation has endorsed the Health Star Rating (HSR) System, which is a voluntary front-of-pack-labelling scheme that commenced on 27 June 2014.
Direct Selling Legal Update - December 2014
Welcome to the latest edition of the Addisons Direct Selling Legal Update.
In this update, we consider a number of recent developments of interest to those in the direct selling sector.
It's time to face up! ACCC to focus its attention on labelling of cosmetic products
In late October 2014, the Australian Competition and Consumer Commission (the ACCC) outlined its intention to focus on ensuring safe products and accurate advertising claims in the cosmetics industry.
Federal Government’s “Action Plan” for Australia – Will the Direct Selling Sector be Affected?
In November 2014 the Australia federal government released its Industry Innovation and Competitiveness Agenda (the Agenda), a report1 outlining the government’s action plan to improve the international competitiveness and efficiency of Australian industries through the reduction of regulatory and administrative burdens.
ACCC Steamed Up over Refund Policies and Consumer Guarantees
On 28 August 2014, the ACCC commenced proceedings in the Federal Court of Australia against American company Valve Corporation (Valve), alleging that Valve had made false or misleading representations to Australian consumers regarding its refund policy and the application of the consumer guarantee provisions in the Australian Consumer Law (the ACL).
Legitimate Shopping Scheme or Pyramid Scheme?
On 28 August 2014, the Australian Competition and Consumer Commission (ACCC) commenced proceedings in the Federal Court against Lyoness Australia Pty Limited, Lyoness UK Limited and Lyoness International AG (collectively Lyoness) in respect of alleged breaches of the pyramid scheme and referral sales prohibitions contained in the Australian Consumer Law (ACL).
News Flash - No joint Australian and New Zealand therapeutic products regulator to be established
On 20 November 2014, the Hon Peter Dutton MP, Minister for Health for Australia and the Hon Dr Jonathon Coleman, Minister for Health for New Zealand announced that the Australian and New Zealand Governments had agreed to end efforts to establish the Australian New Zealand Therapeutic Products Agency (ANZTPA), which was to be the joint therapeutic goods regulator.
Privacy Law and Credit Reporting: Do You Offer Your Customers Credit Betting? You May Be a ‘Credit Provider’!
While most gambling operators offering credit to customers will not attract the credit laws under the National Consumer Credit Protection Act 2009 (Cth), they may be a credit provider for the purposes of the Privacy Act 1988 (Cth).
Direct Selling Legal Update - July 2014
Welcome to our July 2014 Direct Selling Legal Update. In our Update, we cover some of the developments that have taken place in the last few months.
Australia – Mandatory Data Breach Notification – coming soon? Lessons from the eBay data breach
In May 2014, it was reported that eBay’s database of approximately 145 million account holders had been hacked with account holders’ personal details compromised.
Telemarketing Calls and Marketing Faxes – The Do Not Call Register Act 2006 (Cth) – Implications for Your Company
The Do Not Call Register Act 2006 (Cth) (DNCR Act) prohibits telemarketing calls and fax marketing to numbers which are registered on the Do Not Call Register (the Register).
Australian Government Conducting Consultation to Extend Unfair Contract Term Protections to Small Businesses – How will your Direct Selling Organisation be Affected?
On 23 May 2014, the Australian Government in connection with Consumer Affairs Australia and New Zealand (CAANZ) released the “Extending Unfair Contract Term Protections to Small Businesses” Consultation Paper (the Consultation Paper) as part of its public Consultation relating to unfair contract terms.
Privacy Law and Credit Reporting: Are you a “Credit Provider”?
While direct selling companies (DSOs) offering credit to customers do not attract generally the credit laws under the National Consumer Credit Protection Act 2009, they may be a credit provider for the purposes of the Privacy Act 1988.
Reforms to the Therapeutic Goods Act 1989 (Cth)
Recent reforms to the Therapeutic Goods Act 1989 (Cth) (the Act) change the classification of therapeutic goods, the way regulatory decisions are published and the advertising requirements in respect of therapeutic goods to reduce potential risks to the public. New criminal offences and civil penalties are also introduced.
Direct Selling Legal Update - March 2014
2014 has got off to a busy start with many local changes of relevance to the direct selling sector.
In this update, we consider the following matters and developments.
ACCC releases Compliance and Enforcement Policy for 2014. What does this mean for the direct selling sector?
Each year the Australian Competition and Consumer Commission (the ACCC) releases a Compliance and Enforcement Policy, which sets out the priority areas for the year and the key factors that the ACCC will consider when determining whether to take enforcement action.
Australia’s New Privacy Laws Take Effect – when will the OAIC take enforcement action and what does this mean for your business?
On 12 March 2014, significant changes to the Privacy Act 1988 took effect. The changes included the introduction of a set of Australian Privacy Principles (APPs), which set out the standards, rights and obligations in relation to the collecting, handling, holding, access and correction of personal information. The APPs apply to all Australian businesses with an annual turnover of more than $3million and all Australian Government agencies.
Gambling Law & Regulation - December 2013
Welcome to our December 2013 Gambling Law and Regulation Newsletter.
In this Newsletter, we cover some of the developments that have taken place throughout the last few months of 2013.
Australia - When will Independent Contractors be Considered Employees - Ace Insurance Limited v Trifunovski 
The question of whether a worker is an employee or contractor is often a grey area of law but particularly relevant to direct selling companies and the salesforce they engage. This issue was considered in depth by the Full Federal Court (the Full Court) in Ace Insurance Limited v Trifunovski .
Australia - Unsolicited Consumer Agreements and the Australian Consumer Law - ACCC v AGL Sales (2013) - Australian Federal Court Determines that Do Not Knock Signs are a Request to Leave
A landmark decision of the Federal Court on 11 October 2013 examines, for the first time in Australia, the issue of what constitutes a "request" to leave premises for the purposes of section 75 of the Australian Consumer Law ("ACL") . In ACCC v AGL Sales, Middleton J held that a "request" to leave the premises under section 75 of the ACL can include the display of a "Do Not Knock" sign on the front door of premises.
Direct Selling Legal Update - Oct 2013
2013 has seen many interesting developments which impact upon the direct selling sector from a legal and regulatory perspective. In this edition, we highlight and comment upon some of these developments and their implications for the direct selling sector.
Foodies Beware! - ACCC Cracks Down on Misleading and Deceptive Credence Claims
In recent times, it is well recognised that consumers are prepared to pay more for food products that have “organic” qualities or have been manufactured, treated or prepared in an ethically humane manner. It is not surprising that the Australian Competition and Consumer Commission (the ACCC) have cracked down significantly on the use of “credence” claims, such as “organic”, emphasising that these types of claims are an enforcement priority and that it will continue to investigate actively any credence claims that are misleading and deceptive and take action where necessary.
Australia - Privacy - New Australian Requirements - Implications for Direct Selling Companies - The Clock is Ticking - Is Your Company Ready?
Significant changes to Australian privacy law will take effect in March 2014. In this Focus Paper, we take a look at what these reforms mean for your company.
Australia: ACCC Demands Cosmetics Recall
The Australian Competition and Consumer Commission (the ACCC) has recently recalled three cosmetic products after a product safety survey indicated that the products contained dangerous levels of microbial contamination. Microbial contamination can cause diseases and serious infections.
Australia: Recent Developments in Respect of Consumer Guarantees, Warranties Against Defects and the Australian Consumer Law
In our October 2012 Direct Selling Legal Update , we outlined the new warranty against defects requirements contained in the Australian Consumer Law (ACL). At the time, we noted that, while the Australian Competition and Consumer Commission (ACCC) had not, to date, taken any enforcement action against companies who failed to comply with the requirements because of a grace period which ended on 30 September 2012, we expected that the ACCC would commence enforcement action when the opportunity arose to send a strong compliance message to companies.
Gambling Law & Regulation - August 2013
Welcome to the latest issue of Addisons’ Gambling Law & Regulation. This Newsletter is timed to coincide with the Australasian Gaming Expo and Gaming, Racing and Wagering Australia 2013.
Australia – Privacy Awareness Week 2013 – The Privacy Amendment (Enhancing Privacy Protection) Act 2012 – New Australian Requirements - Implications for Your Company
Privacy Awareness Week for 2013 commences on 28 April 2013 and this year’s focus is privacy law reform. With Australia’s privacy law regime being overhauled recently when the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) became law in December 2012, now is the perfect time to familiarise yourself with the new requirements and ensure that your company fully complies with those requirements.
The Privacy Amendment (Enhancing Privacy Protection) Act 2012 - New Australian Privacy Requirements - Implications for the Gambling Sector
The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) became law in December 2012. This introduces a new statutory regime with mandatory privacy principles with which all relevant businesses must comply. These principles know as the Australian Privacy Principles (or APPs) combine and replace the National Privacy Principles and the Information Privacy Principles contained in the Privacy Act 1988 (Cth).
The Privacy Amendment (Enhancing Privacy Protection) Act 2012 - New Australian Requirements - Implications for the Direct Selling Sector
The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) became law in December 2012. This introduces a new statutory regime with mandatory privacy principles with which all relevant businesses must comply. These principles, know as the Australian Privacy Principles (or APPs), combine and replace the National Privacy Principles and the Information Privacy Principles contained in the Privacy Act 1988 (Cth).
Direct Selling Legal Update - October 2012
Welcome to the latest edition of Addisons' Direct Selling Legal Update.
In this edition, we report on a number of interesting developments which affect those operating in the direct selling space.
Gambling Law & Regulation - August 2012
This issue of Addisons’ Gambling Law & Regulation newsletter is issued in connection with the Australasian Gaming Expo and Gaming, Racing and Wagering Australia 2012 Conference.
DBCDE Inquiry into Interactive Gambling Act – Interim Report Released – What Does it Mean for Online Gaming in Australia?
On 29 May 2012, the Department of Broadband, Communications and the Digital Economy released its Interim Report as part of its review of the Interactive Gambling Act 2001 (Cth).
Food with Health Benefits – New List of Permitted Health Claims in the European Union
The European Commission has recently approved a list of 222 permitted health claims which may be used in respect of food. Companies will have until December 2012 to ensure that the labelling, packaging and marketing materials they use in the European Union comply with the new requirements. Examples of health-type claims include “rich in calcium for strong bones” or “reducing blood cholesterol”.
Privacy Amendment (Enhancing Privacy Protection) Bill 2012 - What Could This Mean For Your Business?
On 23 May 2012, the Privacy Amendment (Enhancing Privacy Protection) Bill 2012 was introduced into the Australian Parliament. Described by Attorney-General Nicola Roxon as “one of the most significant developments in privacy reform” since the introduction of the Privacy Act 1988, the Bill seeks to modernise Australia’s privacy protection framework and to provide greater control to consumers over the manner in which organisations use their personal information.
Door-to-Door Sales – Australian Consumer Law - Unsolicited Consumer Agreements – Do Not Knock Stickers and Register – Do Not Knock Register Bill 2012
On 21 May 2012, Federal Labor MP, Steve Georganas introduced a private member’s bill in the lower house, which would establish a Do Not Knock Register. The Do Not Knock Register Bill 2012 is intended to prohibit salespeople from making marketing visits to residential and government addresses listed on the Register.
New Zealand Natural Health Products Bill – Implications for Supplies of Dietary Supplements – What could this mean for your business? – Increased Compliance Requirements and Costs?
On 15 September 2011, the Natural Health Products Bill was read for the first time in the New Zealand Parliament. If passed, the new legislation will cover most natural therapeutic-type products which are currently regulated as dietary supplements under the Dietary Supplement Regulations 1985.
Australia – Direct Selling - Distributor Agreements - Policies & Procedures – NSW Supreme Court grants orders restraining distributor from using intellectual property and confidential information of a direct selling company
In the direct selling space, independent distributor agreements and the Policies and Procedures that apply to Australians are rarely the subject of litigation. To the extent that disputes between distributors and direct selling organisations with whom they contract exist, they are usually settled without recourse to litigation.
Direct Selling Legal Update - June 2012
Since our last Update, the legal landscape in which direct selling organisations (DSOs) conducting business in Australia operate has continued to change at a considerable pace. We report on some of these changes in our Update.
Australian Competition & Consumer Commission – Australian Consumer Law – Unsolicited Consumer Agreements – Door-to-Door Sales – Energy Retailers – Do Not Knock – Reminder for Direct Selling Industry
Previously, the Australian Competition and Consumer Commission announced that its objectives for 2012 included making full use of the profound changes in the Australian Consumer Law through enforcement. Consistent with its objective, the ACCC has been enforcing compliance with the ACL, in particular, the “unsolicited consumer agreement” provisions of the ACL.
Gambling Law & Regulation - April 2012
This is an expanded edition of Addisons’ Gambling Law & Regulation Newsletter. It contains articles on current gambling issues, ranging from summaries of the current position relating to the regulation in Australia of pre-commitment in connection with gaming machines to the aftermath of last week’s High Court decisions relating to the constitutional validity of the race fields regime.
Pyramid Schemes - Recent Developments in Australia and United States - Regulators on the Look Out!
The last year has seen both the Australian and U.S. regulatory authorities reviewing businesses claiming to be legitimate multi-level marketing organisations (MLMs) to determine if they are illegal pyramid schemes.
Direct Selling Legal Update
Over the last few months, there have been a number of developments in the Australian legal landscape which impact upon those involved in the direct selling industry. We have reported on these developments in our Update.
Australian Consumer Law - Section 86 - Prohibition on Supply and Accepting Payment during the Cooling-Off Period - Direct Selling Industry - Be Ready and Be Compliant
2011 has seen the introduction of the Australian Consumer Law, which contains numerous restrictions relating specifically to unsolicited consumer agreements. These restrictions have affected the way direct selling organisations conduct their businesses.
The most onerous of the restrictions is contained in section 86 of the ACL which prohibits the supply of goods and services and the acceptance of payment for goods and services during the cooling-off period.
Knock, knock. Who’s there? - ACCC imposes infringement notices and accepts undertaking from a door-to-door sales company in respect of misleading representations made during in-home presentations
In early September 2011, the ACCC accepted a court enforceable undertaking from a door-to-door sales company and one of its former salespeople in respect of misleading and deceptive conduct and the making of false representations. This followed a number of complaints from elderly consumers.
Competition & Consumer Quarterly
In this edition:
* Food Industry Beware - ACCC drawn to misleading and deceptive conduct like a bee to honey
* Federal Court decision on search engine marketing: sponsored links may be misleading but advertisers have only themselves to blame
* Slimming spray sales representations stopped overseas
Knock, knock. Who's there? - ACCC imposes infringement notices and accepts undertaking from a door-to-door sales company in respect of misleading representations made during in-home presentations
* ACCC issues surprising statistics about the first six months of the new mandatory reporting requirements under the product safety provisions of the Australian Consumer Law
Online Trade Mark Infringement International Hair Cosmetic Group Pty Ltd v International Hair Cosmetics Limited  FCA 339
In International Hair Cosmetic Group Pty Ltd v International Hair Cosmetics Limited  FCA 339 (IHC Case), Justice Logan of the Federal Court held that the use of an Australian registered trade mark on the website www.affinage.com which was operated by a United Kingdom–based business, constituted use of the trade mark in Australia.
Gambling Law and Regulation - September 2011
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?
Competition Quarterly - August 2011
In this edition:
* A new era in Australian competition regulation: Rod Sims now at the helm of the ACCC.
* Are your advertising disclaimers really effective? Optus learns a $5.26 million lesson on the topic.
* A Pyrrhic victory or the ACCC testing the boundaries? A$2.7 million penalty but on paper only.
* The creeping tale of creeping acquisitions ...
Australia - Privacy Reform - Cookies – Behavioural Advertising – Do-Not-Track - How might these reforms affect your Company’s website?
Earlier this year, the Senate Standing Committee on Environment, Communications and the Arts released its report “The adequacy of protections for the privacy of Australians online”. In the Report, the Senate Committee makes a number of recommendations.
Australia – Direct Selling Companies & Consumer Goods Suppliers – Liability for Content posted by Customers on Social Media - Company found liable for posts made by customers on the Company's Facebook & Twitter pages
A very significant decision of the Federal Court of Australia in February 2011 has implications for all businesses (including direct selling organisations and other consumer goods suppliers) using social media. Statements posted on a company’s Facebook “fan” and Twitter pages by third parties were held to be publications by the company. As a result, the company was found to be in contempt because the publications had breached undertakings previously provided to the Federal Court to not engage in conduct which would amount to misleading and deceptive conduct in breach of the Trade Practices Act (now known as the Australian Consumer Law).
Australia: Therapeutic Goods Administration (TGA) - Review to improve the transparency of the TGAb - Deadline for submissions: 11 February 2011 - Update - Dates and Locations of Public Consultations Released
As foreshadowed in our FocusPaper of 20 January 2011 (see Australia: Therapeutic Goods Administration (TGA) - Review to improve the transparency of the TGA), which concerned the TGA transparency review, the dates and locations of a series of public consultations relating to this review have now been announced.
Race fields fees based on 1.5% of turnover: All bets are off? - NSW Race Fields Legislation – Constitutional Challenge by Betfair and Sportsbet
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 Databases and Compilations - The Telstra Telephone Directories Case
The February 2010 decision of the Federal Court in Telstra Corporation Limited & Anor v Phone Directories Company Pty Ltd & Ors  FCA 44 (Telstra Directories Case) raises significant obstacles to any party seeking to establish copyright in databases compiled from factual information.
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?
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.
Administrative Law - Are you unhappy with a government decision or action that affects your business? - Administrative law may be of assistance!
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?