HBF Health Limited

HBF Health Limited (HBF) and the Australian Competition and Consumer Commission (ACCC) were the parties in proceedings before the Federal Court of Australia. The dispute concerned allegations that HBF had engaged in misleading or deceptive conduct in contravention of the *Competition and Consumer Act 2010* (Cth) (CCA). Specifically, the ACCC alleged that HBF had made false or misleading representations to consumers about the benefits and coverage of its health insurance products, particularly in relation to extras cover.

The primary legal issue before the Court was whether HBF had contravened section 18 of the Australian Consumer Law (Schedule 2 to the CCA) by making representations that were misleading or deceptive, or likely to mislead or deceive, concerning the extent of benefits and coverage provided under its health insurance policies. This involved an assessment of the specific representations made by HBF, the context in which they were made, and their likely impact on consumers.

The Court considered the evidence presented, including HBF's marketing materials and policy documents, to determine whether the representations conveyed a false or misleading impression about the scope of coverage for certain services. The Court applied the established legal principles for assessing misleading or deceptive conduct under section 18 of the Australian Consumer Law, which requires an objective assessment of the likely effect of the conduct on the relevant class of consumers. The Court found that HBF had engaged in misleading or deceptive conduct by representing that certain services were covered by its extras policies when, in fact, the coverage was significantly limited or excluded in a manner not clearly communicated to consumers.

As a result of these findings, the Court made orders against HBF, including declarations that HBF had contravened the CCA and imposed pecuniary penalties. HBF was also ordered to implement a compliance program and pay the ACCC's costs.