Australian Competition and Consumer Commission v Medibank Private Limited [2017] FCA 1006

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Medibank Private Limited [2017] FCA 1006

File number: VID 642 of 2016

Judge: O'CALLAGHAN J

Date of judgment: 30 August 2017

Catchwords: CONSUMER LAW – private health insurance – contract for the provision of insurance in respect of in-hospital pathology and radiology services – where insurer met the out-of-pocket expenses incurred by policyholders in respect of in-hospital pathology and radiology services through direct payment arrangements with providers of those services – where insurer decided to terminate certain of those payment arrangements and, upon termination of those arrangements, to pay a reduced proportion of the provider's actual charges – whether conduct misleading or deceptive in contravention of ss 18, 29(1)(g), 29(1)(m) or 34 in Sch 2 of the Competition and Consumer Act 2010 (Cth) ("Australian Consumer Law") – whether conduct unconscionable in contravention of s 21 of the Australian Consumer Law

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, ss 18, 21, 29(1)(g), 29(1)(m), 34 Evidence Act 1995 (Cth), s 191 Health Insurance Act 1973 (Cth), ss 3 (definitions of "approved pathology practitioner", "item", "medicare benefit", "medical practitioner", "professional service" and "table"), 10, 126 Private Health Insurance Act 2007 (Cth) (as at 1 July 2014), Pts 3-2, 3-3, 3-4, 4-2 (Div 118), Pt 4-3 (Div 126) and Pt 4-4 (Div 134) Private Health Insurance (Prudential Supervision) Act 2015 (Cth), Pt 2, Divs 2 and 3, Pt 3, Div 2 Private Health Insurance (Complying Product) Rules 2010 (No. 2) (Cth) (as at 1 July 2014), r 13, Schs 1-4 Private Health Insurance (Benefits Requirements) Rules 2011 (Cth) (as at 24 July 2014), Pt 2, Schs 1-5