Outback Wrangler chopper crash case back in court after concerns raised about pointless mediation

The aviation safety regulator is refusing to discuss compensation with the widow of a man killed when he was dropped from a human sling under helicopter.

The government agency being sued for allowing a “human sling” to be used under a helicopter for the purpose of collecting crocodile eggs, is refusing to discuss compensation with the widow of victim Chris “Willow” Wilson.

Mr Wilson, the co-star of television series Outback Wrangler, died when the 100 foot sling was disconnected from the helicopter above a survivable height, in the remote Northern Territory in February 2022.

An Australian Transport Safety Bureau investigation found the helicopter ran out of fuel, and the pilot released the line to which Mr Wilson was attached as the chopper fell.

In response to the tragedy, Danielle Wilson launched legal action against the Civil Aviation Safety Authority and helicopter operator Helibrook last year, in a quest for damages.

Helibrook owner and Outback Wrangler star Matt Wright was later added as a respondent in the case.

On May 7, Federal Court judge Helen Raper ordered Ms Wilson, CASA, Helibrook and Mr Wright into mediation in the hope of resolving the matter.

The talks were due to begin on June 6 but correspondence between the parties suggested there was no point to the discussions because CASA was not prepared to talk compensation.

Thomas Miller for CASA told the court on Friday, the regulator had written to the other parties in advance of the mediation.

“ (CASA) said we would be attending in good faith, to try to narrow the issues in dispute but we would not likely be attending to make monetary offers of settlement,” Mr Miller said.

“We were not opposed to participating. to simplify matter and identify the real matters in dispute.”

Chris ‘Willow’ Wilson with his wife Danielle who is now suing CASA and Helibrook for damages after his death in a chopper crash.

Darryn Kelly for Helibrook and Mr Wright told the court it seemed pointless to conduct mediation when there was no prospect of reaching agreement on compensation or damages.

“Agreeing to attend a mediation carries with it that implication, so it was a shock to receive that correspondence from CASA essentially saying ‘we’ll turn up but we’re not going to be offering anything,” said Mr Kelly.

Mr Miller responded that CASA was not opposed to attending the mediation but as a government entity it was not “entitled to make a commercial settlement”.

“There must be a real and appreciable risk of liability and it has to be supported by evidence, and in this case there must be approval by not only CASA but other agencies including the Attorney-General’s department,” said Mr Miller.

“We are ready, willing and able to attempt to narrow the issues in dispute and to attempt to charter a pathway forward, but we are not likely to attend to put on monetary offers and we raised that so the other parties could make informed decisions about the resources they wished to allocate to the mediation.”

Ms Wilson’s counsel, Matthew Kalyk, told the court he shared the concern about the approach CASA was taking and did not accept the agency would be prohibited from making monetary offers.

“It just can’t be right, with respect, but in any event if that’s the position they adopt we can’t force them to change that,” Mr Kalyk said.

“It may be they play little role in the mediation itself and the focus is on the other parties who are attending in the more usual way to a mediation, there still seems to be some utility in that process taking place.”

Helibrook and Mr Wright have previously indicated they will contest charges brought by NT Worksafe over the crash, alleging reckless conduct for operating unsafe aircraft and interference with flight records over an extended period.

Originally published as Outback Wrangler chopper crash case back in court after concerns raised about pointless mediation