Casinos Strike Jackpot as Poker Machines Ruled Not ‘Deceptive’

Table of Contents

Share at:

The recent case against Crown Casinos shows design features on poker machines are not deceptive, however brings to light further issues about regulations and consumer protection.

Poker Machines in Australia

Australia has had a long history of gambling, with the first legal poker machines operating at registered clubs as early as 1956. These machines are as well-known for their colour and noise as they are for their propensity to get individuals addicted. The Independent Liquor and Gaming Authority annual report estimated that in NSW alone, revenue from poker machines reached up to $73 billion. However, these machines have recently come under fire from a former-addict as being deceptively designed to give off the impression that players had won.

Case Against Aristocrat

Ms Guy brought her case to the Federal Court that the popular Dolphin Treasure machine found in Crown Casinos had been designed by Aristocrat to give off the effect that participants had won, even if they had not. The claim was also brought up that the players’ chance of winning were misrepresented, further inciting gamblers’ obsessions.

Although the justice agreed that the “theoretical return to player” shown on the display screen may be confusing to some players (with numbers presented as much higher than actual chances of winning), she further emphasised that the confusion would be “fleeting”. As such, Justice Mortimer ultimately ruled that the design features of the poker machines could not be constituted as unconscionable or ‘misleading conduct’.

Here, the justice was not prepared to rule that a hypothetical person in the circumstances would have formed a particular impression on the workings of a poker machine based on what they saw on the display screen. The case showed that the expectations and impressions of a hypothetical person in the situation is vital to make out deceptive conduct.

For a comprehensive explanation on what is misleading and deceptive conduct, check out our previous guide.

Consumer Protection Issues

During this case, Justice Mortimer further noted that the relationship between certain design features of poker machines and gambling addictions should be looked into further. Analogous to the development of Australia’s tobacco control, this case also brought to light regulatory issues with goods and services that are considered harmful to consumers.

What do you think about this decision? Let us know your opinions by tagging us #lawpath or @lawpath.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Top 10 Cities to Start a Business in WA (FY26)

The 10 fastest-growing cities to start a business in WA (FY26), ranked on Lawpath and government data, with growth rates and what is driving each.

Top 5 Cities to Start a Business in SA (FY26)

The 5 fastest-growing cities to start a business in SA (FY26), ranked on Lawpath and government data, with growth rates and what is driving each.

Top 5 Cities to Start a Business in ACT (FY26)

The 5 fastest-growing places to start a business in the ACT (FY26), ranked on Lawpath and ABS data, with growth rates and what is driving each district.

Top 5 Cities to Start a Business in TAS (FY26)

The 5 fastest-growing cities to start a business in Tasmania (FY26), ranked on Lawpath and government data, with growth rates and what is driving each.

Top 5 Cities to Start a Business in NT (FY26)

The 5 fastest-growing cities to start a business in NT (FY26), ranked on Lawpath and ABS data, with growth rates and what is driving each.

Top 10 Cities to Start a Business in VIC (FY26)

The 10 fastest-growing cities to start a business in VIC (FY26)