Australian gambling addicts have shown themselves ready to litigate against casinos that allow them to gamble when they have full knowledge of the player’s problem but the establishment of a ‘duty of care’ in Australia, and elsewhere, is still elusive.

An Australian judge has rejected a self-excluded problem gambler’s bid to have his losses reimbursed by the Star City Casino in Sydney but made no determination on the adequacy of the Casino’s detection policies. With another problem gambler suing a casino in Melbourne on similar grounds, the case has the potential to set an interesting precedent.

Throughout the world, compulsive gamblers, except in Canada and certain European countries, have generally been unsuccessful in recovering monies lost as a result of returning to casino gambling after signing a self-exclusion form.

Professor Joseph Kelly explores the history of compulsive gamblers seeking damages from operators over alleged player protection negligence.

Exclusivity has its price for Australian operators Star City, who are looking to ink a multi-billion dollar deal with the State Government to retain the only casino license in New South Wales.

Pre-trial submissions have begun in the case of an Australian gambler who, after losing millions in an A$1.4bn gaming spree, is suing one of the country's largest casinos, claiming he was targeted by managers despite a known gambling addiction.

While the High Court ultimately dismissed self-excluded gambler Graham Calvert's attempt to recover losses from leading bookmaker William Hill, the high-profile case indicates that operators could owe a duty of care to pathological gamblers in exceptional circumstances.

Melbourne's Crown Casino this week won its case against Harry Kakavas, with the judge ruling that he was not exploited by Crown, but the decision has done little to calm speculation around tougher regulation of the gambling industry.

US casinos face liabilities across a range of litigations from self-exclusion gone awry to jackpots won in error, but few areas hold such uncertainty as sexual harassment in the workplace. In cases brought over both customer and co-worker harassment, and over inappropriate dress codes, operators find little solid ground.

The appointment of Richard Burt to replace Ray Bennett as the Racing and Wagering Western Australia (RWWA) CEO has revived unpleasant memories for many in Western Australia’s betting industry.