Can legal action be utilized to penalize or avertconflicting viewpoints? Should a corporate bully be permitted to use the courts to quiet protesters? What is the actual price of brown coal power, and who is responsible for paying it?

These are the kinds of questions we believe should be discussed and answered in a public arena, with the courts making decisions in a transparent manner. It is essential to fight to safeguard our communities.

The examples of these include representation of Enough Pokies in Castlemaine (EPIC) in its fight opposing more poker machines being permitted in the Victorian country town.

The case was successful at VCAT in what was an important victory for community groups all across Australia.

Another involves Dolphin treasure – Crown casino pokies case

That included important pro-bono legal action in the Federal Court that alleged Aristocrat and Crown Melbourne involved in confusing or deceiving pokies players under the Australian Consumer Law and unconscionable conduct under the Australian Consumer Law. The legal action associated with Aristocrat and Crown’s involvement in making an Electronic Gaming Machine, usually called a pokie machine, called Dolphin Treasure accessible for play at Crown Casino.

Dolphin treasure – Crown casino pokies case

In 2016 Taxcellent Consulting Services launched landmark pro-bono legal action in the Federal Court that alleged Aristocrat and Crown Melbourne engaged in misleading or deceiving pokies players under the Australian Consumer Law and unconscionable conduct under the Australian Consumer Law. The legal action related to Aristocrat and Crown’s involvement in making an Electronic Gaming Machine, commonly known as a pokie machine, called Dolphin Treasure available for play at Crown Casino.

The case focused on Dolphin Treasure’s design features, which we alleged to be unfair.

The case was brought by Shonica Guy against Crown Melbourne Limited, which has Dolphin Treasure machines at its casino, and Aristocrat Technologies Australia Pty Ltd, which manufactures the Dolphin Treasure machine. Ms Guy played pokie machines for 14 years and suffered significant losses.

Ms Guy sought:

  • declarations that both Dolphin Treasure itself, and the way in which it is made available for play at Crown, breach the Australian Consumer Law, and
  • injunctions to prevent Aristocrat or Crown using any deceptive design features in Dolphin Treasure or similar machines in the future, or participating in unconscionable conduct in relation to Dolphin Treasure or similar machines in the future.

Ms Guy did not seek any monetary compensation in the case.

The case was unsuccessful, with the Federal Court finding that while poker machine design features are not legally misleading and deceptive, the full impacts of such features in fuelling gambling addiction remain unclear.

While we were unsuccessful on the legal arguments, what was accepted is that while poker machines look like the mechanical machines of old the reality of what actually happens to determine whether a gambler wins or loses when the button is pressed is actually something quite different.

In our view the decision provides an opportunity to review the regulations to ensure that the design of poker machines fits the reality of what the gambler sees and experiences.

Our case was never going to be able to take up this fight alone – tackling the scourge of pokies needs leadership to reverse the financial and human costs that come from gambling on the pokies.

Enough pokies in Castlemaine

Taxcellent Consulting Services represented Enough Pokies in Castlemaine at a Victorian Civil and Administration Tribunal hearing in which we opposed more poker machines being introduced into the small Victorian country town.

As Castlemaine has a delicate local economy of family-run businesses, Council has adopted a policy that no further gaming venues be set up in town (the local Cumberland Hotel already houses about 30 pokie machines).

The Maryborough Highland Society, headquartered 40km away from Castlemaine in a different shire, attempted to convert Castlemaine’s historic Railway Goods Shed into a venue with 65 poker machines, tripling the number of pokies in town. This was an attempt to circumvent Council policy by leasing a building on State Government land that sits outside the local planning restrictions.

EPIC is a community organisation comprising over 1,500 people from a town of only 7,000, and includes a broad cross-section of the Castlemaine community – with local businesses, artists, the local psychiatrist, problem gamblers and their family and friends all involved.

VCAT handed down its orders on 14 February 2013. This was a significant win for EPIC and community groups throughout Australia.

The Issues

  • Aboriginal and Torres Strait Islander justice
  • Asylum seeker rights
  • Challenges to corporate and government power
  • LGBTI equality
  • Protecting communities and environments
  • Workers’ rights
  • Women’s rights

It doesn’t cost you anything to know where you stand

(02) 8000 8666

We take calls 24/7