Setting a new precedent for veterans with multiple myeloma

Allens has helped secure a landmark win for the Estate of Royal Australian Navy veteran Mr Bradley Whitford, in what is believed to be the first Australian decision to award compensation for multiple myeloma caused by benzene exposure.

The Administrative Review Tribunal has set aside a decision of the Military Rehabilitation and Compensation Commission and found that the Commonwealth is liable to pay compensation under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (Cth) (DRCA). The Tribunal accepted that Mr Whitford’s naval service, which involved exposure to benzene, was a significant contributing factor to the cancer that ultimately caused his death.

A challenging and unexpected case

Mr Whitford was diagnosed with multiple myeloma, a rare and aggressive blood cancer, after serving in the Royal Australian Navy. Allens began acting for him on a pro bono basis during his lifetime, but tragically he passed away in April 2025. The firm continued to act for his Estate, with Mr Whitford’s widow, Ms Marisa Ferreo, providing instructions and representing the Estate throughout the remainder of the proceedings.

The outcome was far from assured. While benzene is a well‑established cause of some blood cancers, the medical literature linking benzene exposure to multiple myeloma is relatively limited. This made the evidentiary burden particularly difficult to meet.

To succeed, the Estate had to establish on the balance of probabilities that Mr Whitford’s naval service was a 'significant contributing factor' to his illness, meaning substantially more than merely material. This threshold is rarely met in military compensation cases of this nature.

A significant precedent for veterans

In a decision with potentially far‑reaching implications, the Tribunal accepted expert evidence linking Mr Whitford’s benzene exposure to his multiple myeloma.

The decision is expected to have broader significance beyond this individual case. Ms Ferreo has advised that other veterans diagnosed with multiple myeloma were awaiting the outcome of the proceedings, with a view to relying on the decision when advancing their own claims.

Our approach

The matter was run by an Allens pro bono team working across Perth and Sydney, alongside counsel Hugo Wilesmith of Alinea Chambers. Two expert witnesses also generously assisted.

This case reflects Allens’ commitment to using our legal expertise to support vulnerable members of the community and to advance outcomes that can create lasting impact well beyond an individual matter.