Race Field Cases – Implication for Wagering Operators in Australia – An Even Playing Field?

Last week's High Court decisions in the Betfair and Sportsbet appeals (see our FocusPaper entitled "Round 3: High Court Dismisses Challenges to NSW Race Fields Legislation by Betfair and Sportsbet") have received widespread publicity. They appear, on initial reading, to slam the door shut on the ability of wagering operators licensed in one Australian state or territory from challenging, on constitutional grounds, legislative provisions imposed by another Australian state or territory which place restrictions on their business activities. Certainly, commentary from various parties have suggested that these decisions are a watershed and justify legally, and without exception, the imposition of race fields fees (and sports fixture fees) on a turnover basis without any restriction.