Friday, 24 March 2017
Media Library
BRR Media interview with Jamie Nettleton, Partner on Wednesday, 11 November 2013 at 10:21 am.
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Jamie Nettleton
“My aim is to ensure that my clients can move forward in their business while taking into account the relevant regulatory regime
Telephone +61 2 8915 1030
Facsimile +61 2 8916 2030
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The focus of my work is enabling the business of my clients. While I advise clients in a number of areas of law, my overriding objective is to ensure that my clients can do business with minimum risk while fully exploiting their intellectual property and inherent competitive advantages.

 

The areas in which I advise clients are:

 

  • Corporate, Mergers and Acquisitions:  I have advised on numerous mergers, acquisitions and joint ventures taking into account the value of relevant intellectual property assets.

  • Intellectual Property and Media:  This work spans many industry sectors from magazine publishing to retail, from the consumer goods sector to manufacturing, from multi-level marketing to financial institutions and from gambling to e-commerce.

  • Gambling:  I have advised most leading international gambling companies on the Australian regulatory environment. This includes sports betting operators, gaming machine manufacturers, casino operators and software suppliers, as well as leading gambling industry bodies.

  • Direct Selling:  Addisons specialises in advising many leading direct selling organisations on all aspects of Australian law, while being watchful for the dangers of regulatory creep. My role includes warning clients of such dangers and recommending measures to ensure these issues do not adversely affect their business.

  • Setting up Business in Australia:  This has involved advising many international businesses on establishing operations in Australia, as well as protecting intellectual property rights, structuring new business operations, advising on industry specific regulatory regimes and preparation of documentation for the new business.
 

Qualifications

BComm LLB - University of New South Wales

 

Dip IP - Queen Mary College, University of London

 

Senior Fellow - Melbourne University

 

Consistently rated in Chambers Global and Chambers Asia Pacific as one of the leading global gaming lawyers

 

International Who's Who of Internet, e-Commerce and Data Protection Lawyers, 2011

 

Vice-President, International Masters of Gaming Law

 

Member, Intellectual Property Society of Australia and New Zealand

 

Member of the Editorial Board of the On-Line Gambling Lawyer

 

Latest Knowledge
Strata Renewal Plans and Strata Renewal Proposals – Will the redevelopment of redundant apartment buildings be more achievable for owners and developers?
16 March 2017
The Strata Schemes Development Act 2015 that commenced on 30 November 2016 offers significant benefits to the development industry by way of a new process that enables lot owners to end outdated strata schemes for sale or redevelopment purposes.
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Gambling Law & Regulation Newsletter January 2017
23 December 2016
Welcome to the January 2017 Addisons’ Gambling Law & Regulation Newsletter.
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Poor Relationships with Colleagues Leads to Dismissal
03 September 2015
BRR Media interview with Martin O'Connor, Partner on Thursday 3 September 2015 at 4:00pm.
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My work includes:

 

  • Mergers, acquisitions and joint ventures, particularly in the new media and gambling sectors
  • Recognising, protecting, evaluating and exploiting intellectual property rights, on both a global and Australian basis
  • Being at the lead of understanding regulatory developments affecting gambling industry participants and assisting in managing and addressing the obstacles posed by regulation
  • Assisting the direct selling sector
  • Government submissions
  • Interpretation of new regulations
  • Setting up business in Australia and overseas
  • Obtaining gambling licences in Australia and overseas
     
 

Qualifications

BComm LLB - University of New South Wales

 

Dip IP - Queen Mary College, University of London

 

Senior Fellow - Melbourne University

 

Consistently rated in Chambers Global and Chambers Asia Pacific as one of the leading global gaming lawyers

 

International Who's Who of Internet, e-Commerce and Data Protection Lawyers, 2011

 

Vice-President, International Masters of Gaming Law

 

Member, Intellectual Property Society of Australia and New Zealand

 

Member of the Editorial Board of the On-Line Gambling Lawyer

 

Latest Knowledge
Strata Renewal Plans and Strata Renewal Proposals – Will the redevelopment of redundant apartment buildings be more achievable for owners and developers?
16 March 2017
The Strata Schemes Development Act 2015 that commenced on 30 November 2016 offers significant benefits to the development industry by way of a new process that enables lot owners to end outdated strata schemes for sale or redevelopment purposes.
MORE INFORMATION
Gambling Law & Regulation Newsletter January 2017
23 December 2016
Welcome to the January 2017 Addisons’ Gambling Law & Regulation Newsletter.
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Poor Relationships with Colleagues Leads to Dismissal
03 September 2015
BRR Media interview with Martin O'Connor, Partner on Thursday 3 September 2015 at 4:00pm.
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Favourit Global
I advised this innovative online gambling business on gambling law issues relating to their recent A$6 million initial public offering through a reverse takeover. Founded in 2012, Favourit currently holds licences in the UK, Ireland, Malta and Curacao.
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Betchoice Corporation Pty Limited
2012 - Acting in connection with the sale of Betchoice Corporation Pty Limited to Unibet Group plc
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Various Submissions
Various written submissions to government bodies
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A2 Corporation
Assisting A2 Corporation in connection with protection and licensing of trade marks in Australia and Overseas
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Konami Gaming
Assisting in connection with supply of casino management system to Australian and overseas casinos
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ACMA
Advising in connection with complaints by ACMA relating to Spam Act and Do not Call register
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Global Brands
Assistance in enforcement of global brands in Australia, through trade mark notices and domain name strategies
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Advice
Extensive advice on laws relating to online gambling operators in Australia and provision of gambling content, including advice to existing and prospective operators, portals and advertisers
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Trade Mark Portfolios
Administering trade mark portfolios in Australia and globally for various clients
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Trade Mark Licence
Drafting and negotiating trade mark licence and co-existence agreements
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S C Johnson & Son
Regulatory advice in connection with product and label audits
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Multi-Level Marketing
Assisting multi-level marketing organisations and other companies in responding to regulatory requirements
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Direct Selling Organisations
Advising many direct settling organisations on ramifications of Australian Consumer Law
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Wagering Operators
Advising numerous wagering operators on application of race fields regime in all Australian jurisdictions
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bet365
Assisting bet365 in connection with the establishment of its Australian subsidiary and launch of business in Australia
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Sportingbet plc
Acting for Sportingbet plc in the acquisition of Centrebet International Limited and providing advice on all regulatory aspects of the acquisition including conduct due diligence and negotiation with all relevant jurisdictions.
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Qualifications

BComm LLB - University of New South Wales

 

Dip IP - Queen Mary College, University of London

 

Senior Fellow - Melbourne University

 

Consistently rated in Chambers Global and Chambers Asia Pacific as one of the leading global gaming lawyers

 

International Who's Who of Internet, e-Commerce and Data Protection Lawyers, 2011

 

Vice-President, International Masters of Gaming Law

 

Member, Intellectual Property Society of Australia and New Zealand

 

Member of the Editorial Board of the On-Line Gambling Lawyer

 

Latest Knowledge
Strata Renewal Plans and Strata Renewal Proposals – Will the redevelopment of redundant apartment buildings be more achievable for owners and developers?
16 March 2017
The Strata Schemes Development Act 2015 that commenced on 30 November 2016 offers significant benefits to the development industry by way of a new process that enables lot owners to end outdated strata schemes for sale or redevelopment purposes.
MORE INFORMATION
Gambling Law & Regulation Newsletter January 2017
23 December 2016
Welcome to the January 2017 Addisons’ Gambling Law & Regulation Newsletter.
MORE INFORMATION
Poor Relationships with Colleagues Leads to Dismissal
03 September 2015
BRR Media interview with Martin O'Connor, Partner on Thursday 3 September 2015 at 4:00pm.
MORE INFORMATION
Ready Player One – Is Australia ready for the next big thing in gaming: eSports?
30/1/2017
With the growing popularity of video gaming globally, the video gaming industry is fast becoming an industry of business opportunities, not only for game developers and players, but for businesses looking for sponsorship opportunities and even gambling operators. One key feature driving this interest is eSports.
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Gambling Law & Regulation Newsletter January 2017
23/12/2016
Welcome to the January 2017 Addisons’ Gambling Law & Regulation Newsletter.
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AANA wagering code decisions – trends in complaints and enforcement
23/12/2016
On 1 July 2016, the Australian Association of National Advertisers (AANA) introduced the AANA Code of Practice for Wagering Advertising and Marketing (Wagering Code), which binds Australian licensed wagering operators in their marketing across all platforms and channels.
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Lights off for the Norfolk Island Gaming Authority - Update
23/12/2016
On 1 July 2016, the transition of Norfolk Island from a self-governing external territory to a regional council of New South Wales took effect, leaving a cloud of uncertainty around the validity of licences issued by the Norfolk Island Gaming Authority (NIGA).
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A National Consumer Protection Framework for Australian Online Licensed Wagering Operators: Proposed Changes to the Australian Regime
23/12/2016
Following the Review of Illegal Offshore Wagering concluded earlier this year (O’Farrell Review) the Australian Government, in its response to the O’Farrell Review, recommended the adoption of a number of measures to:
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Australian Land Based Casino Operators and Junkets – the importance of Corporate Governance and Brand Protection
23/12/2016
Casino operators face a multitude of risks when engaging in junket programs as part of their international rebate business (IRB);
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So you want an Australian Online Wagering Licence? This is what you need to know
23/12/2016
Online wagering is permitted, except for online in-play betting on sports.
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Australia – Interactive Gambling Amendment Bill 2016 – What Will It Mean For Offshore Online Wagering Operators?
21/11/2016
On 10 November 2016, the Hon. Alan Tudge MP, Federal Minister for Human Services, introduced into the House of Representatives of the Australian Federal Parliament the Interactive Gambling Amendment Bill 2016 (the IGA Amendment Bill) which proposes to amend Australia's primary online gambling legislation, the Interactive Gambling Act 2001 (Cth) (the IGA).
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Australia – Interactive Gambling Amendment Bill 2016 – What Will It Mean For Online Gaming Operators?
21/11/2016
On 10 November 2016, the Hon. Alan Tudge MP, Federal Minister for Human Services, introduced into the House of Representatives of the Australian Federal Parliament the Interactive Gambling Amendment Bill 2016 (the IGA Amendment Bill) which proposes to amend Australia's primary online gambling legislation, the Interactive Gambling Act 2001 (Cth) (the IGA).
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Australia – Interactive Gambling Amendment Bill 2016 – What Will It Mean For Online Gaming Operators?
14/11/2016
On 10 November 2016, the Hon. Alan Tudge MP, Federal Minister for Human Services, introduced into the House of Representatives of the Australian Federal Parliament the Interactive Gambling Amendment Bill 2016 (the IGA Amendment Bill) which proposes to amend Australia's primary online gambling legislation, the Interactive Gambling Act 2001 (Cth) (the IGA).
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Gambling Law & Regulation - September 2016
31/8/2016
Welcome to a bumper issue of Addisons’ latest Gambling Law & Regulation Newsletter.
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Australian Consumer Law Review - What happens now?
6/7/2016
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).
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Direct Selling Legal Update - July 2016
4/7/2016
Welcome to the latest edition of the Addisons Direct Selling Legal Update.
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Australian Consumer Law Review - An opportunity for direct selling companies to have their say on the “unsolicited consumer agreement” provisions
29/4/2016
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.
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Australia – Release of Report on Illegal Offshore Wagering – Another Missed Opportunity for Reform of Australia’s Prohibitions on Online Gambling?
28/4/2016
Today, the Hon. Alan Tudge MP, Federal Minister for Human Services, released the Final Report (Final Report) of the Review of Illegal Offshore Wagering conducted by the Hon. Barry O’Farrell (O’Farrell Review) and the response of the Federal Government to the recommendations set out in the Final Report (Government Response).
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The latest restrictions on the advertising of wagering services to Australians
24/12/2015
As 2015 draws to a close, Australian licensed wagering operators should be aware of the latest changes to the laws that apply to the promotion of their services to residents of New South Wales, Australia’s most populous state.
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Gambling Law & Regulation Newsletter December 2015
24/12/2015
Welcome to the December 2015 Addisons’ Gambling Law & Regulation Newsletter.
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Foreign Bribery in Australia and Overseas: 5 Things You Need to Know
23/12/2015
The Australian gambling industry has long been aware of laws prohibiting the offering of bribes to Australian government officials. However, Australian businesses should also be aware of their obligations under laws relating to the bribery of foreign government officials.
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The “Netflix Tax” – Australian Government moves forward with proposals to extend GST to digital goods and services. What does this mean for the offshore online gambling sector?
23/12/2015
In May 2015, the Australian Federal Government announced in its federal budget its proposal to introduce legislation that will change the way Australia’s goods and services tax (GST) is applied to online purchases and transactions.
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Do you know your customer? An Australian online wagering operator’s guide to the requirements under Australian anti-money laundering and counter-terrorism financing laws
23/12/2015
In 2006, the Federal Government introduced the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (the Act). The Act aims to, in general terms, address the money laundering and terrorism financing risks presented by rapidly developing payment technologies.
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Direct Selling Legal Update - December 2015
1/12/2015
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.
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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
26/10/2015
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).
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Australia – Review of Illegal Offshore Wagering
7/9/2015
Australia is to conduct a review of its laws to ensure they are effective in protecting Australians from illegal offshore wagering and to investigate methods of putting in place more effective enforcement measures.
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Sweepstakes in Australia: what you need to know before allowing Australian customers to enter your global trade promotion (or competition)
6/8/2015
Adapting a global sweepstake to include Australia is not as complicated as it may first appear.
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Gambling Law & Regulation Newsletter June 2015
25/6/2015
Welcome to the June 2015 Addisons’ Gambling Law & Regulation Newsletter.
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Extraterritorial Application of Australian Law
18/6/2015
Foreign companies sometimes overlook the importance of considering how Australian law applies to their business when dealing with Australian customers or establishing a presence in Australia (Australian Link).
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New Zealand - Review of Offshore Online Betting Regulation
5/6/2015
Recently, New Zealand announced a review of its legal approach towards online betting services provided by offshore operators to New Zealand residents. This announcement was made on 16 April 2015 by New Zealand’s Racing Minister, Nathan Guy. The review is to be conducted by a Working Group in accordance with specified Terms of Reference.
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Unfair Contract Term Provisions protecting Consumers to be extended to Small Business - Draft Legislation Released - How does this affect your business?
12/5/2015
The Australian Federal Government is seeking to extend protection for small business against unfair contract terms contained in the Australian Consumer Law (ACL).
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Fair Trading (Gambling Product Retailer Industry Code) Regulations 2015: South Australia Regulation of 'Gambling Style Toys'
12/5/2015
Recent developments in South Australia continue to blur the lines about what constitutes gambling.
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They’re charging how much for a digital game or song? – Australian Government proposes to extend application of GST to overseas online digital media
11/5/2015
International companies that sell games, apps, music, movies, and books or provide streaming services and other forms of digital media to Australian consumers may soon be subject to the Australian goods and services tax (GST) as a result of the Australian Government’s proposals to introduce legislation that will change the way GST is applied to online purchases.
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A Duty of Care for Gambling in Australia? Roll the Dice, (and Possibly) Pay the Price
11/5/2015
The concept of a duty of care continues to be a contentious legal test. The existence of a duty of care in the gambling sector is often presumed, wrongly, to apply in cases of problem gambling losses.
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Extending Unfair Contract Term Provisions protecting Consumers to Small Business - Draft Legislation Released
5/5/2015
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.
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Direct Selling Legal Update - April 2015
15/4/2015
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.
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Norfolk Island: Does it have a future as a gambling licensing jurisdiction?
2/4/2015
Norfolk Island is a self-governing territory of Australia. It has its own Legislative Assembly and is not part of the Australian taxation and welfare systems. Norfolk Island also operates its own customs and quarantine services.
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Consolidation of Australia's Compliance Labelling Regime
1/4/2015
In Australia, there are detailed and complex regulatory arrangements in place to ensure that devices supplied in Australia do not cause interference to communication systems and electrical circuits, and are safe for use. One example of a device that exists which may interfere with communication systems and is powered by electricity or emits power is a laptop.
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Australian Unfair Contract Term Provisions protecting Consumers to be extended to Small Business
23/3/2015
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.
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Protecting your Gambling Brand from Misuse in Foreign Jurisdictions
23/12/2014
A recent case in the United States has highlighted the dangers that brand owners face in the online world where infringing content can be disguised in a foreign language.
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Gambling Law & Regulation - December 2014
23/12/2014
Welcome to Addisons’ December 2014 Gambling Law and Regulation Newsletter. In this Newsletter, we cover a variety of issues that will be of interest to our readers as 2014 comes to an end.
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So you want an Australian Online Wagering Licence? This is what you need to know
22/12/2014
Online wagering is permitted, except for online in-play betting on sports.
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Australia: 23 million people and FOUR new casinos?!
22/12/2014
In the year ending June 2014, international visitors spent $30.1 billion in Australia, with $8.2 billion of this revenue generated by Chinese visitors alone. Australia is also seeing record numbers of visitors from Singapore, Malaysia, Hong Kong, India and the US.
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Australia: Will action be taken against illegal online betting operators? And is regulated in-play betting next on the list?
22/12/2014
On 30 October 2014, the Australian Federal Minister for Social Services, Kevin Andrews, and the Premier of Victoria, Denis Napthine, who is also the Minister for Racing in that state, announced that a new national working group would be set up to address the “increasing impact of illegal offshore wagering on Australian racing and sports”.
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Bitcoin Regulation in Australia: A Bit of a Task to Coin
19/12/2014
Digital currencies, and what they mean for Australia and Australian business, are high on the agenda after the Economics References Committee of the Australian Senate (the upper house of Australia’s federal Parliament) conducted the first hearing of its Digital Currency Inquiry on 26 November 2014.
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Direct Selling Legal Update - December 2014
3/12/2014
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.
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Australia: Online Gaming Regulation
24/11/2014
Australia was one of the first countries to pass legislation at the national level to address specifically the issue of interactive or online gambling and gaming.
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The Australian Taxation System: What Do Wagering Operators Need To Know?
22/8/2014
For wagering operators conducting or wishing to conduct business in Australia, it is important to understand the Australian tax system and the tax obligations which apply.
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Changes to the Laws Relating to Gambling Advertising in South Australia: What Does Your Marketing Manager Need to Know Before You Advertise Wagering Services in South Australia?
22/8/2014
On 1 March 2014, the South Australian Gambling Codes of Practice Notice 2013 (the Notice) came into effect.
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Gambling Licences. With One Hand a Licence May Be Given By Government, with the Other Hand, the Licence May Be Taken Away
22/8/2014
Lessons for Gambling Licensees from Tatts v Victoria and Tabcorp v Victoria, recent decisions of the Victorian Supreme Court.
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From Liverpool FC to Australia: The Long Arm of the UK Gambling Reforms. How will Operators Offering Online Gambling Services to Australians be Affected?
22/8/2014
The UK Gambling Commission (the Commission) licenses betting and wagering operators in the UK.
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Privacy Law and Credit Reporting: Do You Offer Your Customers Credit Betting? You May Be a ‘Credit Provider’!
22/8/2014
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).
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Poker Machines and (No More) Mandatory Pre-Commitment: Federal Government Repeals National Gambling Reform Legislation
22/8/2014
The Coalition Federal Government has made it clear that, in relation to the Australian gambling industry, they will be undertaking a “different approach to addressing problem gambling, reducing bureaucracy and the duplication of functions between the Australian Government and State and Territory Governments.”
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Match-Fixing and Betting on Semi-Professional/Amateur Leagues: The Challenge Facing Australian Sport
22/8/2014
Since 7 February 2013 (which is also known as the “blackest/darkest day in Australian sport”), the vulnerability of Australian sport to match-fixing has never been far from the minds of mainstream Australian sports journalists.
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Gambling Law & Regulation - August 2014
31/7/2014
Welcome to Addisons’ August 2014 Gambling Law Newsletter. This Newsletter covers some of the many developments affecting Gambling Law and Regulation in Australia which have occurred in the first half of 2014.
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Direct Selling Legal Update - July 2014
9/7/2014
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.
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Telemarketing Calls and Marketing Faxes – The Do Not Call Register Act 2006 (Cth) – Implications for Your Company
8/7/2014
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).
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Privacy Law and Credit Reporting: Are you a “Credit Provider”?
7/7/2014
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.
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Reforms to the Therapeutic Goods Act 1989 (Cth)
31/3/2014
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.
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Direct Selling Legal Update - March 2014
24/3/2014
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.
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Gambling Law & Regulation - December 2013
24/12/2013
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.
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Australia: Gambling Law Developments - Federal Government Proposes to Repeal National Gambling Reforms
19/12/2013
Federal Government proposes to repeal national gambling reforms. This legislation will repeal many of the national gambling reforms (particularly the poker machine laws) that were passed by the former Gillard Government.
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Can an anti-gambling advertisement warning of the dangers of gambling be found to promote gambling?!
19/12/2013
In November 2013, the Advertising Standards Board (the Board) upheld a complaint that an advertisement intended to cause teenagers not to gamble had the opposite effect and promoted sports betting to young children.
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Victoria is set to be the First Australian State to Introduce a Pre-Commitment Scheme for Gaming Machines. Legislation has been Introduced Recently Which Requires all Venue Operators to Link to a State-Wide Pre-Commitment System by 1 December 2015
19/12/2013
On 29 October 2013, Victoria introduced the Gambling Regulation Amendment (Pre-commitment) Bill 2013, making it the first Australian jurisdiction to introduce a pre-commitment scheme for gaming machines. The Bill, which has passed the Legislative Assembly and is expected to pass the Legislative Council in early 2014, requires that all venue operators link to a state-wide pre-commitment system by 1 December 2015.
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What is NCAT? NCAT (or New South Wales Civil and Administrative Tribunal) is the New Super-Tribunal for New South Wales that will Consolidate 23 Tribunals including the Consumer Trader and Tenancy Tribunal (CTTT)
19/12/2013
From 1 January 2014, NCAT will replace and take up the work previously dealt with by 23 separate tribunals in NSW.
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Australia: Match-Fixing Criminal Offences – Guilty Pleas to Football Match-Fixing Charges
19/12/2013
Match-fixing, cheating at sport and sports betting have been at the forefront of media attention over the last year, both internationally and in Australia and involving a number of different sporting codes including rugby league, cricket and soccer.
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Punter Takes on Sportsbet in the VCAT: MacMillan v Sportsbet – Can Bookmakers Refuse Bets From Punters? The VCAT Asserts Jurisdiction to Hear Claim by Punter Against Bookmaker and Finds Sportsbet not in Breach of the ACL
18/12/2013
Mr MacMillan, a customer of Sportsbet Pty Limited, made a complaint to the Victorian Civil and Administrative Tribunal that Sportsbet had breached the Australian Consumer Law by banning him from placing certain types of bets after he made a series of winning bets.
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e-Commerce: Enforceability of Website Terms and Conditions. Centrebet v Baasland – Australia v Norway: Which Courts Have Jurisdiction in Respect of Cross-Border Online Gambling Consumer Claims?
29/11/2013
The recent decision of Centrebet v Baasland in the Northern Territory Supreme Court represents a milestone in the consideration of disputes involving cross-border online gambling transactions.
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Handling Unwanted Punters - What a Gamble!
25/10/2013
Australian online betting operators are currently required to have systems in place to prevent minors and self-excluded persons from making bets. However, despite these systems, there are reports of minors and self-excluded persons making bets with Australian betting operators, sometimes fraudulently. In the course of this wagering activity, the player may suffer losses or make winning bets. This paper examines how these issues should be dealt with by online betting operators.
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Handling Unwanted Punters - What a Gamble!
23/10/2013
Australian online betting operators are currently required to have systems in place to prevent minors and self-excluded persons from making bets. However, despite these systems, there are reports of minors and self-excluded persons making bets with Australian betting operators, sometimes fraudulently. In the course of this wagering activity, the player may suffer losses or make winning bets. This paper examines how these issues should be dealt with by online betting operators.
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Direct Selling Legal Update - Oct 2013
22/10/2013
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.
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Ladbrokes Acquires Australian Betting Operator bookmaker.com.au which is Licenced by Norfolk Island. Where? 10 Frequently Asked Questions About Norfolk Island as a Gambling Jurisdiction
17/10/2013
Last month, Ladbrokes announced that it had purchased Gaming Investments, an Australian betting operator that owns bookmaker.com.au.
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Online Social Games - The Australian Position
16/10/2013
In recent years, the increasing popularity of social media and social networks has led to the increased availability to Australians of a “new” genre of games that have become integrated into those networks. These games, commonly known as online social games, add a new social experience to gaming. In many respects, they are based on the same easy to learn and casual play model as many traditional games.
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Australia: Recent Developments in Respect of Consumer Guarantees, Warranties Against Defects and the Australian Consumer Law
15/10/2013
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.
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Gambling Law & Regulation - August 2013
11/8/2013
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.
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“No Deal: Kakavas Loses High Court Appeal”
6/6/2013
Yesterday, the High Court of Australia, in a unanimous joint judgment, dismissed an appeal brought by ‘high roller’ Harry Kakavas who sought to recover over $20 million in losses from Crown Casino incurred whilst gambling at the casino in Melbourne.
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Australia – Privacy Awareness Week 2013 – The Privacy Amendment (Enhancing Privacy Protection) Act 2012 – New Australian Requirements - Implications for Your Company
24/4/2013
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.
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Australian Trade Marks - Important Reforms in Australian Trade Mark Law Come into Force on 15 April 2013 - The Intellectual Property Laws Amendment (Raising the Bar) Act 2012
11/4/2013
The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (the Act) comes into force on 15 April 2013. This will (among other changes): 1. implement significant changes to the practice applicable to both trade mark opposition and removals; 2. introduce new procedures relating to customs notices, 3. provide for higher penalties; and 4. allow the incorporation of trade marks attorneys.
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Australian Foreign Investment Policy Update: Higher Threshold extended to New Zealand Investors and Clarification of Application to Foreign Government Investors
25/3/2013
As of 1 March this year, the Foreign Investments Review Board (FIRB) amended its Foreign Investment Policy.
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DBCDE Inquiry into Interactive Gambling Act 2001 (Cth) – Final Report Released – What does it mean for the Online Gambling Sector in Australia?
12/3/2013
On 12 March 2013, the Department of Broadband, Communications and the Digital Economy released its Final Report as part of its review of the Interactive Gambling Act 2001 (Cth).
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Gaming Machines and Pre-Commitment: National Gambling Reforms Become Law - National Gambling Reform Act 2012, National Gambling Reform (Related Matters) Act (No. 1) 2012 and National Gambling Reform (Related Matters) Act (No. 2) 2012
1/3/2013
On 29 November 2012, the Federal Government was successful in passing through both houses of Parliament legislation aimed at regulating the operation and use of gaming machines and addressing associated issues of problem gambling. The Acts became law on 12 December 2012.
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Sportsbet ‘Boxed Out’ of the Retail Market – the Betbox Case – Tabcorp’s Appeal Successful in the Full Federal Court
1/3/2013
On 12 October 2012, the Full Court of the Federal Court of Australia reversed the decision of Gordon J at first instance in the Betbox case.
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The Privacy Amendment (Enhancing Privacy Protection) Act 2012 - New Australian Requirements - Implications for the Direct Selling Sector
1/3/2013
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).
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Gambling Law & Regulation - March 2013
1/3/2013
Even though it is early in 2013, the topic of Gambling has not been far from the headlines in the Australian press.
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The Australian Regulatory Landscape for Online Gambling Operators in 2013
1/3/2013
In early 2013, Australian gambling law is in a state of flux, particularly given that, first, it is a Federal election year, and secondly, the Federal legislation which prohibits online gambling remains under review. Given these two factors, it is difficult to predict how or whether the law affecting online gambling will change in 2013.
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Kakavas – Appeal to be Heard by High Court of Australia
1/3/2013
On 14 December 2012, the High Court granted Mr Kakavas special leave to appeal against the decision of the Victorian Court of Appeal (which had unanimously affirmed the earlier decision at first instance) rejecting his claims against Crown Casino to recover gambling losses exceeding $20 million.
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Wagering on Sport – Keep It Local – Retain the Integrity
1/3/2013
Sports controlling bodies and Australian wagering operators share a mutual interest in protecting the integrity of Australian sport. This was one of the central messages to emerge from a sports integrity forum hosted by law firm Addisons late in 2012.
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Lady Luck, the Bookie and the Broker – Bets and Derivatives Both Appear to Involve Gambling. So why Does Australian Law Treat Them So Differently?
28/2/2013
In the lead-up to the November 2012 meeting of the Reserve Bank, a variety of markets were offered by bookmakers to punters. As one bookmaker publicly claimed that the likelihood that the RBA was going to lower the cash rate was so high that betting on this outcome was like putting money on Black Caviar to win, another bookmaker ceased offering a binary “yes, the cash rate will drop” market and instead offered bets on the margin by which the cash rate would drop.
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Trade Promotions: Potential Legal Issues - Checklist for businesses: what you should consider before you conduct a promotion
11/12/2012
Trade promotions, also known as competitions, sweepstakes, contests or giveaways, are an increasingly popular way to promote goods and services to consumers.
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Direct Selling Legal Update - October 2012
12/10/2012
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.
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Getting the Deal Through
12/9/2012
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - e-Commerce 2013
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Gambling Law & Regulation - August 2012
17/8/2012
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.
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Online Gambling - To What Extent Do White Label, Affiliate and Other Revenue Share Agreements Require Approval from Gambling Regulators? - Decision of Northern Territory Racing Commission relating to Betezy
17/8/2012
In a recent decision handed down by the Northern Territory Racing Commission, sanctions were imposed on Betezy, one of the corporate bookmakers licensed in the Northern Territory to conduct sports bookmaking. This decision clarifies a number of operational issues of relevance when conducting gambling business under a licence granted in an Australian jurisdiction and the extent to which regulatory approval is required.
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Wagering Operators Fined for Offering Inducements to Victorian Residents
17/8/2012
Two corporate bookmakers, Sportsbet and IASbet were found to have committed a number of offences following the offering of inducements to open betting accounts. This case highlights the attention being given by Australian authorities to forms of advertising by betting operators involving inducements.
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Play on! The UK Gambling Commission Tells Game Show Producers that a Gambling Licence is not Required (For Now)
17/8/2012
As reported in the April 2012 issue of this newsletter, the UK Gambling Commission (the UK Commission) earlier this year considered whether popular UK game shows including Deal or No Deal and Red or Black gave rise to gambling law ramifications.
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Problem Gambling - Proceedings to Recover Gambling Losses - The Australian Experience – Is Litigation Worth the Gamble?
17/8/2012
Whilst the topic of problem gambling has received a great deal of attention from policy-makers in recent times, some problem gamblers have continued to take matters into their own hands - through the courts. Problem gamblers have sought to recover all or part of their gambling losses by bringing claims against the gambling operators with whom they have gambled. This has led to the development of a body of case law that clarifies the extent to which, and the circumstances where, gambling operators may be liable for losses sustained by problem gamblers.
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Any Given Sunday: Can Australian law reach your fantasy sports team? - The treatment of fantasy sports under Australian law – gaming, wagering or skill?
17/8/2012
Fantasy sports are predicted to be a $1.7 billion dollar business by 2017 in the US. The NFL’s fantasy gridiron competition alone is estimated to have in excess of 20 million participants. Locally, it is estimated that almost 1 million Australians participate in fantasy sports.
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DBCDE Inquiry into Interactive Gambling Act – Interim Report – What Does it Mean for Wagering Operators in Australia? – Potential for Change in Australian Online Gambling Regulatory Landscape
18/6/2012
The Department of Broadband, Communications and the Digital Economy released its interim report in respect of its inquiry into the Interactive Gambling Act 2001 (Cth) on 29 May 2012.
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DBCDE Inquiry into Interactive Gambling Act – Interim Report Released – What Does it Mean for Online Gaming in Australia?
18/6/2012
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).
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Food with Health Benefits – New List of Permitted Health Claims in the European Union
14/6/2012
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”.
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Privacy Amendment (Enhancing Privacy Protection) Bill 2012 - What Could This Mean For Your Business?
14/6/2012
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.
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Door-to-Door Sales – Australian Consumer Law - Unsolicited Consumer Agreements – Do Not Knock Stickers and Register – Do Not Knock Register Bill 2012
14/6/2012
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.
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New Zealand Natural Health Products Bill – Implications for Supplies of Dietary Supplements – What could this mean for your business? – Increased Compliance Requirements and Costs?
14/6/2012
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.
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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
14/6/2012
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.
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Direct Selling Legal Update - June 2012
14/6/2012
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.
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You’ll (Still) Feel Better on Swisse (Unless and Until the Complaints Resolution Panel Says Otherwise) - Health and Food Products – To What Extent Are Puffery and Claims About Health Benefits Permitted in Australian Advertisements?
8/6/2012
On Friday 25 May 2012, Tracey J of the Federal Court in Melbourne delivered his judgment in Swisse Vitamins Pty Ltd v The Complaints Resolution Panel1. The proceedings related to a decision by the Complaints Resolution Panel that advertisements published by Swisse Vitamins were in contravention of the Therapeutic Goods Administration Code.
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Australian Competition & Consumer Commission – Australian Consumer Law – Unsolicited Consumer Agreements – Door-to-Door Sales – Energy Retailers – Do Not Knock – Reminder for Direct Selling Industry
8/6/2012
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.
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Australia – Review of the Interactive Gambling Act by the Department of Broadband, Communications and the Digital Economy – Interim Report Released - What does it mean for the Online Gambling Sector?
29/5/2012
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).
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National Business Names Register Launches Today - 28 May 2012
28/5/2012
Further to Addisons focus paper of 2 March 2012 entitled Whose Business (Name) is it Anyway? – Implications of the National Business Name Registration System, the National Business Names Register has today been launched. This will simplify the registration of business names in Australia.
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Australian Law Reform Commission Report - Classification – Content Regulation and Convergent Media - What Should be Australia’s Policy? To Filter or Not to Filter
18/5/2012
On 1 March 2012, the Australian Law Reform Commission released its final report on ‘Classification – Content Regulation and Convergent Media’. The ALRC proposed that the Australian Government pass a new Classification of Media Content Act to reflect the recommendations in the ALRC Classification report.
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Gambling Law & Regulation - April 2012
5/4/2012
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.
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Round 3: High Court Dismisses Challenges to NSW Race Fields Legislation by Betfair and Sportsbet
30/3/2012
Today’s eagerly awaited decisions by the High Court in Sportsbet v New South Wales and Betfair v Racing New South Wales clarifies the constitutionality of the New South Wales race fields regime.
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Whose Business (Name) is it Anyway? – Implications of the National Business Name Registration System
2/3/2012
On 3 July 2008 the Council of Australian Governments approved the establishment of a national business name registration system. This system, which has been announced by the Australian Securities and Investments Commission as coming into effect on 28 May 2012, will replace the current ‘state by state’ business name registration system.
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Direct Selling Legal Update
2/3/2012
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.
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Group Buying Deals So Hot They Can Burn: Is There Value in Advertising Your Business on a Group Buying Site?
23/12/2011
In a market in which there is a new entrant almost every week, group buying sites must address the expectations of their consumers, as well as their advertisers, that is, the businesses choosing to offer discount deals via a group buying site. Among the issues faced by advertisers are choosing a group buying site, negotiating terms and conditions with the site operator, meeting consumer demand, and attracting one-off customers at the risk of alienating existing customers. At the same time, there are a growing number of media reports doubting the robustness of the group buying industry.
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Gambling Law & Regulation - December 2011
23/12/2011
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.
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Australian Consumer Law - Section 86 - Prohibition on Supply and Accepting Payment during the Cooling-Off Period - Direct Selling Industry - Be Ready and Be Compliant
5/12/2011
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.
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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
17/10/2011
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.
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Competition & Consumer Quarterly
17/10/2011
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
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Gambling Law and Regulation - September 2011
30/9/2011
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?
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Competition Quarterly - August 2011
19/8/2011
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 ...
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Australia - Privacy Reform - Cookies – Behavioural Advertising – Do-Not-Track - How might these reforms affect your Company’s website?
15/7/2011
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.
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Australia - Product Stewardship Bill - National Framework to Manage the Environmental, Health and Safety Impact of Products - Increased Compliance Requirements and Costs for Manufacturers, Importers and Distributors? - Recyclng of TVs and Computers
25/5/2011
On 23 March 2011, the Federal Government introduced the Product Stewardship Bill (the Bill) which will establish a national framework to manage the environmental, health and safety impacts of products (such as televisions and computers). The Bill provides the framework by which obligations over time will be imposed on manufacturers, importers, distributors and others relating to the avoidance, reduction and management of waste derived from products, with a particular emphasis on the disposal of products.
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Australia - Online Gambling Review - Inquiry by Joint Select Committee on Gambling Reform into Interactive Gambling - Further Review of Internet Gaming and Wagering
17/5/2011
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.
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Australia - Online Gambling Regulation in 2011 - Extracts Published in February 2011 Edition of
24/3/2011
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.
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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
10/3/2011
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).
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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
10/2/2011
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.
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Australia: Therapeutic Goods Administration (TGA) - Review to improve the transparency of the TGA - Deadline for submissions: 11 February 2011
20/1/2011
Late last year, the Parliamentary Secretary for Health and Ageing, the Hon Catherine King MP, announced a thorough review of the way in which the regulatory processes and decisions of the TGA are communicated. The aim of the review is to improve the transparency of the TGA which, it is thought, will in turn improve the public's confidence in the TGA.
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Direct Selling/Multi-Level Marketing Australian Consumer Law - Application to Consumer Arrangements
16/12/2010
Amendment Regulations 2010 (No. 1). This forms part of the legal regime applying to the direct selling industry that will be implemented under the Australian Consumer Law. This comes into effect on various dates on and after 1 January 2011.
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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?
17/11/2010
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.
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Sportsbet v VCGR: The End of Retail Exclusivity in the Grant of Australian Gambling Licences?
10/11/2010
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.
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Wagering Operators and the Effect of the Australian Consumer Law: A Fair Bet?
20/10/2010
The new Australian Consumer Law (the ACL) has the potential to affect wagering operators, particularly in respect of: unfair terms in contracts; failure to supply: rebates, prizes or gifts; and reasonable quantities of services at advertised prices; unsolicited selling.
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Are England and Australia Heading in Different Directions Regarding Copyright in Sporting Fixtures - Implications for Wagering Operators?
30/7/2010
On 23 April 2010, the English High Court at first instance handed down its decision in Football Dataco Limited & Ors v Stan James Plc & Ors [2010] EWHC 841 (Ch).
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Gambling - Australian Productivity Commission Final Report on Gambling (June 2010) - What does this mean for the gaming machine sector?
28/6/2010
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.
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Wagering - Australian Productivity Commission Final Report on Gambling (June 2010) - What does this mean for the wagering sector?
23/6/2010
Earlier today (23 June), the Australian Productivity Commission ("Commission") released its Final Report on Gambling. The Report represents a significant milestone in Australian gambling regulation and follows on from the Commission's Draft Report published in October 2009.
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Online Gaming - Australian Productivity Commission Final Report on Gambling (June 2010) - What does it mean for the online gaming sector?
23/6/2010
Earlier today (23 June 2010), the Australian Productivity 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.
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Race fields fees based on 1.5% of turnover: All bets are off? - NSW Race Fields Legislation – Constitutional Challenge by Betfair and Sportsbet
16/6/2010
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.
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Direct Selling/Multi-Level Marketing - How will Phase 2 of the Proposed Australian Consumer Law Reforms Affect Your Business?
17/5/2010
Australian direct selling organisations (DSOs) are likely to be impacted significantly if the changes proposed by the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 (ACL) become law. Of particular concern are the provisions targeting door-to-door selling, telephone sales and other forms of direct selling which do not take place in a retail context.
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Sound-alikes: How close to the sun can you fly following the Kookaburra Case?
30/4/2010
Can you use two bars of music without permission? While the question may seem straight-forward, the answer following the Federal Court’s decision of Larrikin Music Publishing Pty Ltd v EMI Songs Publishing Pty Ltd [2010] FCA 29 (“Kookaburra Case”) is not. Consider, for instance, the famous opening song of Star Wars. The first two bars are easily one of the most recognisable melodies. It invokes various emotions of heroism, adventure and exciting galactic voyages. Indeed, the use of it would most likely constitute an infringement of copyright law. However, if you slightly tweak this piece of music, does it still infringe copyright? If not, how far do you need to tweak it until you are safe?
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Phase 1 of the Australian Consumer Law reform process begins!
19/4/2010
Consumer protection provisions have been significantly expanded with the Senate passing the Trade Practices Amendment (Australian Consumer Law) Bill (Cth) (2009) (ACL Phase 1) on 17 March 2010. ACL Phase 1 amends the Trade Practices Act 1974 (Cth) (TPA) and the ASIC Act 2001 (Cth) by introducing new investigative and enforcement powers, new civil penalties and a national unfair terms regime. The civil penalties and enforcement powers take effect from 15 April 2010 and represent the first instalment of the ACL reform process. The unfair contract provisions will apply from 1 July 2010 with the remainder of the ACL reforms expected to be in place by 1 January 2011.
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Australia - Copyright in Databases and Compilations - The Telstra Telephone Directories Case
23/3/2010
The February 2010 decision of the Federal Court in Telstra Corporation Limited & Anor v Phone Directories Company Pty Ltd & Ors [2010] FCA 44 (Telstra Directories Case) raises significant obstacles to any party seeking to establish copyright in databases compiled from factual information.
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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?
26/2/2010
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.
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Direct Selling – When is a Distributor deemed an Employee – Victoria – Homecare Direct Shopping Pty Ltd v Gray [2008] VSCA 111
3/2/2010
In a manner similar to the New South Wales decision in Bessemer1., a 2008 decision of the Victorian Court of Appeal relating to a workers compensation claim made by a distributor of a direct selling company raises important issues that direct selling companies need to consider when drafting distribution agreements. This decision suggests that certain distributors will be deemed as employees for the purposes of Victorian workers compensation law.
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Administrative Law - Are you unhappy with a government decision or action that affects your business? - Administrative law may be of assistance!
1/2/2010
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?
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Revised Children's Television Standards for Commercial Television
29/1/2010
With the commencement of the Children's Television Standards 2009 on 1 January 2010, the standards relating to advertising and product promotion to children have been clarified and strengthened following widespread community concern over the effect of food and beverage advertising on children.
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Direct Selling - When Is A Distributor A Worker - NSW - QBE Workers Compensation v Bessemer Pty Ltd
21/12/2009
Is a person injured at a direct selling company’s premises deemed a ‘worker’ for workers compensation purposes? The 2005 NSW Court of Appeal decision in Bessemer has significant implications for direct selling companies and workers compensation insurers as it may deem distributors/consultants as ‘workers’ for workers compensation purposes.
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Internet Regulation - End of Cross-Border Restrictions on Gambling Activities?
27/3/2008
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.
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Qualifications

BComm LLB - University of New South Wales

 

Dip IP - Queen Mary College, University of London

 

Senior Fellow - Melbourne University

 

Consistently rated in Chambers Global and Chambers Asia Pacific as one of the leading global gaming lawyers

 

International Who's Who of Internet, e-Commerce and Data Protection Lawyers, 2011

 

Vice-President, International Masters of Gaming Law

 

Member, Intellectual Property Society of Australia and New Zealand

 

Member of the Editorial Board of the On-Line Gambling Lawyer

 

Latest Knowledge
Strata Renewal Plans and Strata Renewal Proposals – Will the redevelopment of redundant apartment buildings be more achievable for owners and developers?
16 March 2017
The Strata Schemes Development Act 2015 that commenced on 30 November 2016 offers significant benefits to the development industry by way of a new process that enables lot owners to end outdated strata schemes for sale or redevelopment purposes.
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Gambling Law & Regulation Newsletter January 2017
23 December 2016
Welcome to the January 2017 Addisons’ Gambling Law & Regulation Newsletter.
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Poor Relationships with Colleagues Leads to Dismissal
03 September 2015
BRR Media interview with Martin O'Connor, Partner on Thursday 3 September 2015 at 4:00pm.
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