Are Gaming Machines misleading?

Is your Club protected?

Following the commencement of legal proceedings against Crown Casino and Aristocrat Technologies Australia for misleading and deceptive conduct, it’s imperative to know what this means to you and the potential impact on Registered Clubs.

In October 2016, compensation lawyers, Maurice Blackburn, acting for plaintiff Shonica Guy, commenced proceedings against Crown Melbourne Ltd (“Crown Casino”) and Aristocrat Technologies Australia Pty Ltd (“Aristocrat”), alleging that a gaming machine manufactured by Aristocrat and played at Crown Casino is misleading and deceptive.

In a statement released by the firm, Maurice Blackburn said that: “The claim is the first to focus on the deceptive design of pokie machines, and in doing so calling into question the behaviour of the manufacturers and the industry in allowing people to continue playing machines that have been deliberately geared to make winning far more difficult than appears to players.”

In addition, Maurice Blackburn has also taken issue with the typical responsible gambling disclosures on gaming machines which are required by regulation – suggesting this itself is also misleading and deceptive. As a result, this means that these disclosures are potentially not enough to protect Registered Clubs.

What’s the potential impact on Registered Clubs if this litigation is successful?

It appears that Maurice Blackburn’s intention is to modify the behaviour of the industry and the design of gaming machines.

A successful case would clearly lead to potential claims, or maybe even a class action, against Registered Clubs by individuals who have lost money playing gaming machines, claiming that they have been misled and deceived by the Registered Club, like this current claim against Crown Casino.

Registered Clubs should take steps now to mitigate potential future litigation risk.

Now is the time for Registered Clubs to act to mitigate the potential liability that may arise from such future litigations. Latest Court Orders have Crown Casino and Aristocrat filing and serving their defences by 21 February 2017. It is important for Registered Clubs to move fast.

With our experience in previously defending gaming institutions against actions in the Federal Court by problem gamblers, Elite Legal has simple strategies for Registered Clubs to mitigate the risk associated with similar potential litigations against Registered Clubs.

Contact the Elite Legal team today to discuss your options so you can ensure you are safeguarded from potential legal action.