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

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

Hillside Australia and Hillside UK contravened ss 18 and 29 of the ACL in relation to the "$200 FREE BETS FOR NEW CUSTOMERS" promotion from 18 March 2013 to 13 January 2014 because the dominant message of free bets was misleading or deceptive and falsely represented price, value and the effect or significance of conditions, while key conditions were not adequately disclosed and were only accessible through optional click-throughs after consumers had been drawn into the marketing web. From 14 January 2014 the Free Bets terms were displayed on the opening page and the conduct was not misleading. The Deposit Bonus promotion was not misleading because "bonus" did not convey the same...

Jurisdiction
Australia
Judgment Date
11 September 2015
Procedural Posture
Proceeding Alleging Contraventions of Ss 18 and 29 of the Australian Consumer Law Concerning Internet Sports Betting Promotional Offers, Seeking Declarations, Injunctive Relief and Pecuniary Penalties / Liability Reasons; Parties Directed to File Proposed Minutes of Orders and Submissions for Future Conduct Including Penalty Phase
Outcome
Claims against Hillside Australia and Hillside UK established in part for the FREE BETS Offer from 18 March 2013 to 13 January 2014; other claims against them not made out; proceeding against Bet365GL to be dismissed; penalty phase to follow.
Legal Topics
['australian Consumer Law Ss 18 and 29' 'dominant Message in Advertising' 'fine Print and Disclosure of Terms and Conditions' 'enticement Into the Marketing Web' 'liability as Principal Contravener' 'agency or Attribution Within Corporate Group' 'free Bets and Deposit Bonuses']
['consumer Law' 'competition and Consumer Law' 'internet Sports Betting' 'misleading or Deceptive Conduct' 'false or Misleading Representations'] ['australian Consumer Law Ss 18 and 29' 'dominant Message in Advertising' 'fine Print and Disclosure of Terms and Conditions' 'enticement Into the Marketing Web' 'liability as Principal Contravener' 'agency or Attribution Within Corporate Group' 'free Bets and Deposit Bonuses']

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Procedural Posture

Proceeding Alleging Contraventions of Ss 18 and 29 of the Australian Consumer Law Concerning Internet Sports Betting Promotional Offers, Seeking Declarations, Injunctive Relief and Pecuniary Penalties / Liability Reasons; Parties Directed to File Proposed Minutes of Orders and Submissions for Future Conduct Including Penalty Phase

Legal Issues

  1. 1 ['Whether the "$200 FREE BETS FOR NEW CUSTOMERS" promotion conveyed a misleading dominant message that new customers were entitled to $200 of free bets without relevant limitations or restrictions.' 'Whether the terms and conditions of the FREE BETS Offer were sufficiently disclosed to qualify the headline offer before 14 January 2014 and from 14 January 2014 to 30 January 2014.' 'Whether the "UP TO $200 DEPOSIT BONUS FOR NEW CUSTOMERS" promotion was misleading or deceptive or involved false representations.' 'Whether Hillside Australia and Hillside UK were liable as principal contraveners for the promotional conduct.' 'Whether Bet365GL was liable as a principal contravener on the basis that Hillside Australia and Hillside UK acted on behalf of or as agent for Bet365GL.']

Ratio Decidendi

Hillside Australia and Hillside UK contravened ss 18 and 29 of the ACL in relation to the "$200 FREE BETS FOR NEW CUSTOMERS" promotion from 18 March 2013 to 13 January 2014 because the dominant message of free bets was misleading or deceptive and falsely represented price, value and the effect or significance of conditions, while key conditions were not adequately disclosed and were only accessible through optional click-throughs after consumers had been drawn into the marketing web. From 14 January 2014 the Free Bets terms were displayed on the opening page and the conduct was not misleading. The Deposit Bonus promotion was not misleading because "bonus" did not convey the same...

Court Disposition

Claims against Hillside Australia and Hillside UK established in part for the FREE BETS Offer from 18 March 2013 to 13 January 2014; other claims against them not made out; proceeding against Bet365GL to be dismissed; penalty phase to follow.

Orders

  • ['Within 21 days of the date of this order, each party file and serve proposed minutes of orders to give effect to these reasons and for the future conduct of this matter, together with short written submissions (limited to three pages).' 'Costs reserved.']