find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (1-3 PAE)
Category: Insurance and Superannuation Law | Location: Sydney NSW 2000
· Join a dynamic Firm · Excellent career growth opportunity
View details
In-house lawyer 1-4 PAE
Category: Generalists - In House | Location: Adelaide SA 5000
· Leading Brand · Report to a Dynamic Legal Counsel
View details
Middletons bets against SportingBet

Middletons bets against SportingBet

A punter has engaged Middletons to file a Federal Court action claiming that over $500,000 in winnings was significantly reduced by an obscure betting clause. In August, Craig Horwitz made 25

A punter has engaged Middletons to file a Federal Court action claiming that over $500,000 in winnings was significantly reduced by an obscure betting clause.

In August, Craig Horwitz made 25 winning identical first four bets on Race 7 at Warwick Farm via Sportingbet's internet site from his Sydney home. He won, and he claims his $800 outlay should have netted him $510,992.50, based on the declared dividend of the Tote.

However, Sportingbet limited his payout to $50,025. The betting agency cited a clause in its betting rules, unknown to many gamblers including Horwitz, that it pays a dividend, as declared by the selected tote that is capped at $50,000 per client per event.

Horwitz is claiming that Sportingbet has breached its contractural obligations by not paying him the declared dividend of $510,025.

He has engaged Middletons' partner Murray Deakin as his legal counsel. It is expected that if the matter is heard in the Federal Court, it will be an important test case of the unfair contracts provisions under the new Trade Practices Amendment (Australian Consumer Law) Act (No.1) 2010, which came into effect on 1 July.

The new laws also gave increased powers to the ACCC.

"I believe this is the first case to be brought under the new unfair contract regime," Deakin said. "Mr Horwitz's misfortune provides an ideal vehicle to test the interpretation and application of the new unfair contracts terms legislation."

Deakin added that Australian gamblers needed to be aware of the liability cap Sportingbet has in place, and cast skepticism upon the betting agency's claim that "there is no better bet than a Sportingbet".

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Middletons bets against SportingBet
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Warning
07:03
NT Law Society sounds alarm on mandatory sentencing
The Law Society Northern Territory has issued a warning over mandatory sentencing, saying it hasn’...
Unite
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...