Atkin v Willee [2011] FCA 568

FEDERAL COURT OF AUSTRALIA

Atkin v Willee [2011] FCA 568 Citation: Atkin v Willee [2011] FCA 568

Parties: DR WILLIAM MARK ATKIN v MR PAUL ANDREW WILLEE RFD QC PRESIDENT OF A COMMISSION OF INQUIRY APPOINTED UNDER PART 8 OF THE DEFENCE (INQUIRY) REGULATIONS 1985 (CTH) and AIR CHIEF MARSHALL ALLAN GRANT HOUSTON, AO, AFC CHIEF OF THE DEFENCE FORCE

File number: VID 1008 of 2010

Judge: GRAY J

Date of judgment: 30 May 2011

Catchwords: DEFENCE AND WAR – Commission of Inquiry – investigation of death of serviceman – notice to psychiatrist who had seen deceased twice that he was at risk of adverse findings – evidence from expert in military medical administration – private telephone conversation between President of Commission of Inquiry, counsel assisting and expert – subsequent alterations made to expert's report – alterations prejudicial to psychiatrist – whether reasonable apprehension of bias – whether subsequent disclosure and statements of President removed apprehension ADMINISTRATIVE LAW – military Commission of Inquiry – investigation of death of serviceman – notice to psychiatrist who had seen deceased twice that he was at risk of adverse findings – evidence from expert in military medical administration – private telephone conversation between President of Commission of Inquiry, counsel assisting and expert – subsequent alterations made to expert's report – alterations prejudicial to psychiatrist – whether reasonable apprehension of bias – whether subsequent disclosure and statements of President removed apprehension – appropriate remedy – whether Commission of Inquiry should be restrained altogether or only in relation to any finding concerning psychiatrist