This morning the Full Bench of the High Court unanimously
dismissed both the Sportsbet Pty Ltd and Betfair Pty Ltd appeals
from the Full Federal Court with costs. The decisions have been
much anticipated and have widespread implications for the industry.
They provide much needed certainty for the NSW race fields regime
which has been effectively frozen for some three-odd years, and in
a broader sense, for the variety of other legislative race fields
regimes around Australia.
While each case was conducted differently, both Sportsbet and
Betfair questioned the validity of the fee conditions imposed under
the Racing Administration Act 1998 (NSW) and Racing Administration
Regulations 2005 (NSW) on the basis that they offended Federal laws
guaranteeing freedom of interstate trade and commerce between
States and Territories. It was argued that the 1.5% fee on turnover
was a discriminatory and protectionist burden upon interstate
traders.
