Mulquiney and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an appeal by Ms Mulquiney against a decision of the Military Rehabilitation and Compensation Commission (MRCC). Ms Mulquiney sought compensation for a range of conditions, including depression, adjustment disorder, female sexual dysfunction, and borderline personality traits or structure, which she alleged were service-related. The proceedings before the Tribunal were protracted, involving applications for additional time to adduce further evidence and submissions, ultimately leading to the admission of a further report by Dr Adesanya.

The primary legal issues before the Tribunal were whether Ms Mulquiney suffered from adjustment disorder and female sexual dysfunction, and if so, whether these conditions constituted "service diseases" for which the MRCC was liable under the *Military Rehabilitation and Compensation Act 2004* (MRC Act). This involved determining if the conditions were caused or contributed to by Ms Mulquiney's defence service to a material degree, and whether the applicable Statements of Principles were met. The Tribunal also considered whether certain stressors, including those related to her personal life and the demands of her service, were relevant to the assessment of her conditions.

The Tribunal found that Ms Mulquiney had established that she suffered from an adjustment disorder, which it determined to be a service disease for which the MRCC was liable. While the Tribunal acknowledged Ms Mulquiney's extensive history of mental health issues, including those predating her service and those unrelated to service, it concluded that the adjustment disorder met the criteria for a service disease under the MRC Act. The Tribunal set aside the MRCC's decision and substituted its own finding that Ms Mulquiney suffered from an adjustment disorder that was a service disease. The matter was remitted to the MRCC for assessment and determination of Ms Mulquiney's entitlement to compensation.