Queensland prawn trawler widow sues for $1.6m over loss of husband at sea

The grieving widow of a prawn trawler deckhand who drowned off Fraser Island is suing the boat’s owner for negligence claiming $1.6m in damages.

FV Cassandra, which capsized off the coast of Fraser Island in April 2016. Picture: Supplied

The grieving widow of a prawn trawler deckhand who drowned off Fraser Island has sued the owner of the trawler for negligence claiming $1.6m in damages.

Lynette Joy Chivers, 39, a mother of one from the Bundaberg suburb of Millbank, claims in the Supreme Court in Rockhampton that modifications to the FV Cassandra trawler made it unsafe and prone to capsizing in dangerous fishing grounds of Fraser Island, known for strong tides and treacherous reefs.

Her husband David, drowned aged 36 when the Bundaberg-based trawler capsized in the early hours of April 4, 2016 when one of its nets got caught on a reef in a big swell, 5nm east of Waddy Point, Fraser Island, north of Brisbane.

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Deckhand David Chivers.

David Chivers and his wife, Lyn.

Skipper Matthew Roberts, 61, also died when the boat capsized.

Their bodies have never been recovered.

Mrs Chivers alleges, it was likely that the net had been drawn very tightly and when it suddenly came free, it caused the vessel flip over.

Mrs Chivers claims Paddockmist Pty Ltd, the owner of the boat, shouldn’t have fished off Fraser Island because it was too dangerous, the claim states.

She claims that by converting the trawler from a single boom to a two-boom outrigger in 2012, and fitting it with hydraulic winches made the boat “more prone to capsizing”.

She claims that a “snatch block” which was available on the trawler should have been used as a safer method to retrieve the snagged fishing line.

Mrs Chivers is claiming $1.6m for loss of dependency on her husband including compensation for the fact her husband can no longer do household chores including lawn mowing, car washing, shopping, cooking and house cleaning.

He was paid a percentage of the value of the catch for his work as a deckhand, usually about $980 per week, and supported his family because Ms Chivers was unemployed, the claim states.

She claims that but for the accident, she would have returned to work in aged care earning $45,000 a year but was unable to due to depression and anxiety.

Mrs Chivers’ solicitor did not respond to requests for comment.

No defence has been filed and no court date has been set for hearing.

Originally published as Queensland prawn trawler widow sues for $1.6m over loss of husband at sea