Regulatory Developments

Australia

In March 2008, the High Court ruled in favour of a claim brought by Betfair against the state of Western Australia. The proceedings involved a challenge by Betfair against prohibitions introduced by Western Australia which precluded persons placing bets on Betfair and publishing Western Australian race fields without the relevant approval, on the grounds that they were an unfair (and unconstitutional) restriction on competition in circumstances where Betfair held a Tasmanian licence. Further protectionist legislation in New South Wales (introduced in July 2008), which requires a fee to be paid before state racing information can be published by betting operators is also subject to an ongoing legal challenge. It is also argued that such fees are an unconstitutional violation of Australian free trade principles.