Pathological gambling and civil actions for unconscionability: Lessons from the Kakavas litigation

Abstract

The Productivity Commission's 2010 report confirmed that gambling is a fundamental aspect of contemporary Australian culture. This is likely to become even more entrenched with the increasingly prominent association between gambling and professional sport. In addition, since the liberalisation of gambling in Australia during the 1990s, governments have become heavily dependent upon gambling revenue. The role of the law as a regulator of the excesses of gambling is complex, both in respect of criminal matters and recourse sought by gamblers against gambling houses where they have lost significant sums of money. The decision of the High Court in Kakavas v Crown Melbourne Limited [2013] HCA 25 ..