Betting Across Borders — Betfair Pty Limited v Western Australia

This case note examines the recent High Court decision of Betfair Pty Limited v Western Australia. This decision focused on s 92 of the Constitution. First, the author argues that the decision is significant because it offered a restatement of principle, re-contextualised s 92 in a ‘new economy’ and confirmed the relevance of early US Commerce Clause authority in Australian s 92 jurisprudence. Second, the author surveys proposed changes to the test of ‘discriminatory protectionism’ and concludes that the current test is preferable to these alternatives.