Williams v Muller [2003] FCA 1190

FEDERAL COURT OF AUSTRALIA

Williams v Muller [2003] FCA 1190 VETERAN'S AFFAIRS – Agreement to abide by medical specialist report on medical causation question – whether agreement was varied – whether terms not complied with – whether terms should be implied into agreement – whether report responded to the agreement as intended by the parties – declaration that parties bound by the report in respect of medical opinion on causative factors – remitted to Administrative Appeals Tribunal to determine whether living in single men's quarters and consequential change of life constitutes part of employment of applicant.

Safety Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5, 6, 6A, 14, 19-28, 54, 62, 64 Administrative Appeals Tribunal Act 1975 (Cth) s 37 Behan v Australian Telecommunications Corporation (1990) 26 FCR 337 cited Australian National Railways Commission v Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees (1992) 35 FCR 344 cited Hardin v Comcare Australia (1995) 21 AAR 392 cited Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 applied The Corporation of the City of Adelaide v Jennings Industries Limited (1985) 156 CLR 274 cited Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 cited Secured Income Real Estate (Australia) Ltd v St. Martin's Investments Pty Ltd (1979) 144 CLR 596 cited Federal Broom Company Pty Ltd v Semlitch (1964) 110 CLR 626 cited Treloar v Australian Telecommunications Commission (1990) 26 FCR 316 cited Wiegand v Comcare Australia [2002] FCA 1464; (2002) 72 ALD 795 cited Mason v Social Welfare Department [1974] VR 506 cited Roncevich v Repatriation Commission [2003] FCAFC 146 cited GARY WILLIAMS v DONALD MULLER AND COMCARE D 3 of 2003 MANSFIELD J DARWIN 31 OCTOBER 2003