Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Medibank Private Limited [2018] FCAFC 235 Appeal from: Australian Competition and Consumer Commission v Medibank Private Limited [2017] FCA 1006
File number: VID 1026 of 2017
Judges: PERRAM, MURPHY AND BEACH JJ
Date of judgment: 20 December 2018
Catchwords: CONSUMER LAW – misleading or deceptive conduct – whether alleged representations made – whether primary judge gave overly technical meaning to words – whether primary judge required to have regard to range of characteristics of target audience – whether primary judge failed to draw inferences from evidence – whether primary judge failed to consider dominant message – where Respondent provided private health insurance – where target audience public at large – unconscionable conduct – failure to notify decision – whether conduct unconscionable in contravention of s 21 of the Australian Consumer Law
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 21 and 22 Health Insurance Act 1973 (Cth) Private Health Insurance Act 2007 (Cth), Chapter 3, Part 3-3, ss 63-1, 63-5, 63-10, 93-1, 93-20, 93-25, 93-30 and sch 1 Private Health Insurance (Benefits Requirements) Rules 2011 Private Health Insurance (Complying Product) Rules 2010 (No 2) (Cth) rr 13 to 16 Private Health Insurance Code of Conduct
Cases cited: Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 634; 317 ALR 73 Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; 250 CLR 640 Australian Securities and Investments Commission v Westpac Banking Corporation (No 2) (2018) 127 ACSR 110; [2018] FCA 751 Campomar Sociedad Limitada v Nike International Limited [2000] HCA 12; 202 CLR 45 Canon Australia Pty Ltd v Patton (2007) 244 ALR 759 Colin R Price & Associates Pty Ltd and Another v Four Oaks Pty Ltd (2017) 251 FCR 404 Commonwealth Bank of Australia v Kojic (2016) 249 FCR 421 Federal Commissioner of Taxation v SNF (Australia) Pty Ltd [2011] FCAFC 74; 193 FCR 149 Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392 Kobelt v Australian Securities and Investments Commission (2018) 352 ALR 689 Ipstar Australia Pty Ltd v APS Satellite Pty Ltd (2018) 356 ALR 440 Paciocco v Australia and New Zealand Banking Group Ltd (2015) 236 FCR 199 Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 52 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44; 149 CLR 191 Thorne v Kennedy (2017) 350 ALR 1 Unique International College Pty Ltd v Australian Competition and Consumer Commission [2018] FCAFC 155 Walker v Walker [1937] HCA 44; 57 CLR 630 Warren v Coombes [1979] HCA 9; 142 CLR 531 Yeoman's Row Management Ltd v Cobbe [2008] 4 All ER 713
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