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

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