Landmark Aussie Case Dismissed As Court Finds Pokies Don’t Mislead Gamblers

A massive legal action against Melbourne’s Crown Casino and pokie machine manufacturer Aristocrat has been defeated, after the Federal Court dismissed claims both parties mislead gamblers over the likelihood of winning.

Former gambling addict Shonica Guy and Maurice Blackburn Lawyers alleged Aristocrat’s Dolphin Treasure machines, 38 of which are operated at Crown Casino, tricked gamblers into thinking they were closer to a win than they really were – breaching Australian consumer law in the process.

Maurice Blackburn, which stated Dolphin Treasure machines contributed to Guy’s 14-year-long addiction, sought injunctions against the continued use of the machines and an admission from Crown and Aristocrat they had engaged in misleading practices.

The case argued that Dolphin Treasure’s appearance makes gamblers believe its five reels identically sized. The machine’s fifth reel is actually larger than the other four, lawyers argued, meaning it contains more symbols. This imbalance allegedly decreases the odds of gamblers landing a jackpot-specific pattern.

The case also stated that Dolphin Treasure’s other four reels do not contain a uniform distribution of specific symbols, further obscuring the real likelihood of receiving a payout.

Additionally, the case claimed Crown’s assertion that Dolphin Treasure pays out 87% of money wagered was misleading to gamblers, as that figure is only accurate over several million spins – not the number of spins in an average gambling session.

Guy and Maurice Blackburn had further accused Crown and Aristocrat of engaging in unconscionable conduct by knowing about those features and continuing to allow gamblers to use the machines.

Justice Debbie Mortimer dismissed the claims Crown Casino and Aristocrat had mislead gamblers on the odds of winning, accepting defence QC Peter Jopling’s assertion that Dolphin Treasure’s reel mechanics were well known to gambling regulators and fit within industry guidelines.

Mortimer did find the statement about Dolphin Magic returning 87% of wagers was misleading, but contended the context of that figure would become clear to gamblers within the course of a gambling session.

The case was the first of its kind to argue that the design of poker machines deliberately misleads gamblers, and negatively influences vulnerable punters and those with gambling addictions in the process.


If you’d like to speak to someone about your gambling, reach out to Gambling Helpline on 1800 858 858.

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