CASA ‘ready, willing’ to talks with TV star’s widow, but money unlikely
The widow of a Netflix Star killed when his helicopter crashed is unlikely to receive a payout from the aviation authority yet, a court has heard.
The nation’s aviation authority has agreed to talks with lawyers representing Outback Wrangler star Chris Wilson’s widow, though monetary compensation remains unlikely.
Mr Wilson was killed when his helicopter crashed during a crocodile egg-collection mission in remote West Arnhem Land in the Northern Territory in February 2022.
In its final report, Australian Transport Safety Bureau found the crash, which also seriously injured pilot Sebastian Robinson, was likely caused by fuel exhaustion.
Ms Wilson has since launched legal proceedings against the Civil Aviation Safety Authority and co-star Matt Wright and his company Helibrook over the crash.
Appearing before the Federal Court on Friday, CASA’s counsel, Thomas Miller said the agency agreed to mediation but was unlikely to make any monetary offers.
“We gave an indication we are not likely to be able to make monetary offers of settlement and part of that is going to relate to the complexity of matters in dispute,” he said.
“There is a novel duty of care alleged against CASA that it should gave taken different actions (including) legislative instruments passed in relation to surveillance activities.
“There is a helicopter which has crashed and there are unclear circumstances as to why. The existence of the duty care is in issue (and) the scope and content of that duty”.
Mr Miller told the court he would have expected expert evidence going to “key aspects of liability and causation” would be presented prior to any monetary settlement.
Even once that took place, Mr Miller said CASA was restricted about its own guidelines and approvals as to if and when it could make on offer in terms of settlement.
“CASA, under the legal service directions, is not entitled to make commercial settlements … There has to be a real appreciable risk of liability supported by evidence,” he said.
“In this case, there must be approval from not only CASA but also other agencies, including the Attorney-General’s Department.
“There are a number of people are required to review the evidence when it becomes available.
“We’ve communicated that we are ready, willing, and able to attempt to narrow the issues in dispute and to chart a pathway forward, but are not likely to make an offer”.
Justice Elizabeth Raper said there was “concern on part of the court” about CASA’s position, stating that mediation was typical before all the evidence was made available.
She noted CASA was ultimately “accountable to the Australian public” and that there was nothing stopping Mr Wright and Helibrook from separately resolving the matter.
Ms Wilson’s lawyer, Matthew Kalyk, also noted his concern, adding he did “not accept that they (CASA) are prohibited from making offers prior to serving of evidence”.
Ultimately, all four parties to the suit, including Mr Wright and Helibrook’s counsel, Darryn Wright, agreed to “press ahead” and engage in mediation talks at a later date.
Chris “Willow” Wilson starred alongside Mr Wright in National Geographic's TV series Outback Wrangler and Netflix’s Wild Croc Territory, both launched between 2021-22.
Ms Wilson filed the lawsuit with the Federal Court in December 2023 and is understood to be seeking damages, interest, costs, interests on costs. and other court orders.
Published last year, the final report by the ATSB found Mr Wilson’s helicopter had likely not refuelled at a depot between Darwin and the crocodile egg collection area.
The report stated it was likely Mr Robinson had not identified the reducing fuel state and that Helibrook had not been properly using its safety management systems.
Mr Wright and Helibrook are separately facing two counts of reckless conduct for failing in its duties after legal action was brought by Work Safe NT in February.
Work Safe NT alleged it had found “sufficient evidence (of) conduct intended to falsify the number of flight hours accrued by the aircraft over an extended period of time”.
The alleged conduct included interfering with the Hobbs Meters, which measures an aircraft’s use time, and not accurately recording flight times in the Maintenance Release.
If found guilty and convicted, Helibrook faces a maximum penalty of $6 million, while Mr Wright faces a maximum penalty of $1.2 million, five years in prison, or both.