GCO granted in Sportsbet in-play betting class action

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Justice Matthews has granted a Group Costs Order (GCO) at the rate of 33% (inclusive of GST) in a class action brought by Maurice Blackburn (MB) against Sportsbet Pty Ltd (Sportsbet) arising from its 'Fast Code' in-play betting service.

Background

The class action:

1. alleges that Sportsbet’s ‘Fast Code’ service, which allowed customers to place ‘in-play’ bets, was prohibited under the Interactive Gambling Act 2001 (Cth); and
2. seeks refunds of betting losses incurred when using the ‘Fast Code’ service.

GCO

Because of the confidentiality orders made by Matthews J, her Honour was constrained in what she could set out in her reasons. Nevertheless, her Honour:

• noted that, in the event a GCO was not made, MB could, in its sole discretion, choose to either seek third party litigation funding, continue to act on a ‘no win, no fee’ basis or cease to act for the plaintiff;
• accepted the evidence of solicitors of MB, which was largely confidential, about what would likely occur if the GCO was not made (either at all or in the percentage sought), and, by considering that evidence, found that it would be in the interests of group members for the GCO to be made;
• was satisfied that the proposed GCO rate of 33% was proportionate and reasonable, given the “substantial legal and financial risks” MB was assuming in running the class action;
• was satisfied that, despite being comparatively high, the GCO rate of 33% was justified because “[a]part from anything else, [the class action] is a relatively novel case, such that the litigation risk associated with it is higher than, say, a standard shareholders class action”; and
• considered that s 33ZDA(3) of the Supreme Court Act 1986 (Vic), which allows the Court to amend a GCO (and its percentage) at a later stage of the proceeding, provided an important protection, and that this protection was the “preferable way to ensure that the GCO remains appropriate in this case” (rather than, for instance,  imposing a ‘tiered’ or ‘ratcheted’ GCO rate at the present stage of the proceeding).

Accordingly, Matthews J made orders awarding a GCO at a rate of 33% (inclusive of GST).

Bergman v Sportsbet Pty Ltd (GCO Ruling) [2025] VSC 521

Supreme Court of Victoria | Matthews J | 28 August 2025
Plaintiff’s Solicitors: Maurice Blackburn
Defendant’s Solicitors: Allens

Sportsbet Group Proceeding (Class Action) | The Supreme Court of Victoria

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