Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd trading as Bet365 [2015] FCA 1007

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd trading as Bet365 [2015] FCA 1007 Citation: Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd trading as Bet365 [2015] FCA 1007

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v HILLSIDE (AUSTRALIA NEW MEDIA) PTY LTD TRADING AS BET365 (ACN 148 920 665), HILLSIDE (SHARED SERVICES) LIMITED (03958393) and BET365 GROUP LIMITED (04241161)

File number: VID 465 of 2014

Judge: BEACH J

Date of judgment: 11 September 2015

Catchwords: CONSUMER LAW – internet sports betting – promotional headline offers of free bets and deposit bonuses for new customers – offers subject to terms and conditions – alleged contraventions of Australian Consumer Law – alleged misleading or deceptive conduct and false representations – dominant message conveyed – enticement into marketing web – whether adequate disclosure of terms and conditions – liability as principal contravener – whether conduct of subsidiaries attributable to group holding company – contraventions established in part

Legislation: Authorised Betting Operations Act 2000 (SA) ss 6A(1)(b), 62C Competition and Consumer Act 2010 (Cth) s 84(2), Sch 2, ss 18, 29, 224(1), 232(1) Evidence Act 1995 (Cth) s 140(2)(c) Gambling Regulation Act 2003 (Vic) s 4.7.10 Gaming and Wagering Commission Regulations 1988 (WA) reg 43 Racing Administration Regulation 2012 (NSW) reg 12 Responsible Gambling (Authorised Interstate Betting Operators) Code of Practice 2009 (SA) cll 6A, 11