Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd trading as Bet365 (No 2)

The Federal Court considered a case brought by the Australian Competition and Consumer Commission (ACCC) against Hillside (Australia New Media) Pty Ltd trading as Bet365 (Bet365). The case involved allegations of misleading and deceptive conduct under the Australian Consumer Law (ACL). The court was tasked with determining the appropriate penalties and remedies for Bet365's actions.

The central legal issues were whether Bet365's promotional offers of free bets to new customers were misleading or deceptive and if the terms and conditions were adequately disclosed. The court had to assess the number of contraventions, the application of the course of conduct and totality principles, and the adequacy of the penalties imposed.

The court found that Bet365's conduct was extensive and involved significant recklessness. The promotional offers conveyed a dominant message that was misleading, as they suggested that customers would receive free bets without restrictions. The court determined that the penalties proposed by the ACCC were necessary and appropriate to achieve general and specific deterrence. While acknowledging some discount for contrition and co-operation, the court emphasised that the penalties should not be minimised, as doing so could diminish the deterrent effect. The court differentiated the penalties for the two respondents, imposing a higher penalty on Hillside Australia, given its greater responsibility for ensuring compliance with the ACL.

The court ordered Hillside Australia to pay a pecuniary penalty of $1,500,000 and Hillside UK to pay $1,250,000. Additionally, both respondents were required to send corrective notices to affected customers. The court reserved costs for further determination.