I have added a new article to my website – Fraud and liability in restitution for online sports betting companies and their operators. The article can be accessed here.

Abstract: With the proliferation of online sports betting enterprises, the decision in Sino Iron Pty Ltd v Worldwide Wagering Pty Ltd [2017] VSC 101 provides a salient warning to those who stand behind them. The case usefully illustrates the legal ramifications where the sports betting company receives a questionable payment and not enough is done by those involved to verify its legitimacy.

Issues of law raised by the fraud and addressed in the judgment include claims for money had and received, Black v Freedman trusts of stolen money, and Barnes v Addy knowing assistance and knowing receipt claims against third parties. It is useful for practitioners to be across the five Baden categories of knowledge, to assess when on a particular set of facts a claim may be established or a defence to such a claim made out.

*** Note that the article was written at the request of and was first published by LexisNexis in the September 2017 issue of the LexisNexis Internet Law Bulletin, volume 20, issue 6, pp 107-110.