Betfair Pty Limited v. Racing New South Wales and Ors
Case No.
S116/2011
Related matters
S118/2011 - Sportsbet Pty Ltd v. State of New South Wales & Ors
Case Information
Lower Court Judgment
17/11/2010 Federal Court of Australia (Keane CJ, Lander J, Buchanan J)
Catchwords
Constitutional law — Freedom of interstate trade — Applicant a licensed betting exchange domiciled in Tasmania — NSW legislative scheme prohibited use of race field information without approval and authorised imposition of fee as condition for approval ("Scheme") — Fee imposed on all wagering operators irrespective of whether domiciled in NSW — Where imposition of fee allegedly reduce applicant's commission by disproportionate amount compared to NSW operators — Whether practical effect of fee was to impose discriminatory burden of protectionist nature on interstate trade — Whether Scheme inconsistent with freedom of interstate trade, commerce and intercourse — Constitution, s 92 — Racing Administration Act 1998 (NSW), s 33(1).
Constitutional law — Freedom of interstate trade — Whether Scheme inconsistent with freedom of interstate trade, commerce and intercourse — Whether insufficient for interstate trader to show fees imposed greater business costs on interstate traders than intrastate traders — Whether necessary for interstate trader to show that interstate trader's competitive advantage derived from place of origin in another State or Territory and Scheme imposed discriminatory burden affecting that advantage — Whether Scheme protectionist if imposed with intention of protecting intrastate traders and fee not reasonably appropriate or adapted to non-protectionist objective — Whether validity of statutory prohibition, combined with administrative discretion to relax prohibition, to be determined by comparing interstate and intrastate traders' positions — Whether relevant or determinative that State and administrative bodies intend discretion over prohibition to be exercised to protect intrastate traders — Constitution, s 92 — Racing Administration Act 1998 (NSW), s 33(1).
Documents
11/03/2011 Hearing (SLA, Sydney)
24/03/2011 Notice of appeal
08/04/2011 Written submissions (Appellant)
08/04/2011 Chronology (Appellant)
29/04/2011 Written submissions (Third Respondent)
06/05/2011 Written submissions (First and Second Respondents)
13/05/2011 Written submissions (Attorney-General for the State of Western Australia)
13/05/2011 Written submissions (Attorney-General for the State of South Australia)
13/05/2011 Written submissions (Attorney-General for the State of Victoria)
17/05/2011 Written submissions (Attorney-General of the Commonwealth)
24/05/2011 Reply
19/07/2011 Written submissions (Attorney-General for the State of Queensland)
30/08/2011 Hearing (Full Court, Canberra)
31/08/2011 Hearing (Full Court, Canberra)
01/09/2011 Hearing (Full Court, Canberra)
19/09/2011 Written submissions in response to questions from the Court (Appellant)
26/09/2011 Supplementary submissions (First and Second Respondents)
26/09/2011 Written submissions in response to questions from the Court (Third Respondent)
29/09/2011 Written submissions in response to questions from the Court (Attorney-General of the Commonwealth)
29/09/2011 Written submissions in response to questions from the Court (Attorney-General for the State of Victoria)
29/09/2011 Written submissions in response to questions from the Court (Attorney-General for the State of South Australia)
30/09/2011 Written submissions in response to questions from the Court (Attorney-General of the State of Queensland)
30/09/2011 Written submissions in response to questions from the Court (Attorney-General for the State of Western Australia)
12/10/2011 Reply to submissions of parties and interveners on the Court's questions (Appellant)
30/03/2012 Judgment (Judgment summary)