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The Civil Aviation Safety Authority’s refusal to make offers of monetary compensation to a woman who lost her husband in a helicopter crash has stalled an attempt at mediation.
Danielle Wilson, the widow of Netflix star Chris ‘Willow’ Wilson, was set to meet with CASA, celebrity crocodile wrangler Matthew Wright and his company Helibrook for mediation talks over the crash that claimed Wilson’s life.
Chris Wilson was on a crocodile egg collection mission onboard the Robinson R44 helicopter, operated by Helibrook, in February 2022 when it plunged over the Northern Territory’s West Arnhem Land.
The pilot, Sebastian Robinson, survived but with serious injuries.
The following November, the Australian Transport Safety Bureau not only found the helicopter likely crashed due to fuel exhaustion, but was critical of CASA’s risk management of egg-collecting missions.
Appearing in the Federal Court on Friday (31 May) morning, Matthew Kalyk, counsel for Danielle Wilson, said his client was “ready, able to attend and sees utility” in having the talks, but was told CASA, Wright and Helibrook “don’t believe there is utility in the mediation”.
Thomas Miller, representing CASA, clarified the government agency is not opposed to mediation, but it will be unable to make monetary offers of compensation given the legislation it operates under.
He went on to explain there was some difficulties in establishing the allegation it owed a novel duty of care because “there is unclear circumstances as to why” the helicopter crashed.
“There has to be real and appreciable risks of liability and it has to be supported by evidence and, in this case, there has to be approval not only from the people at CASA but other government agencies, including the Attorney-General’s office,” Miller said.
“We are ready, willing and able to attempt to narrow the issues in dispute…but we are not likely to attend to make monetary offers.”
The court was told Miller had advised Wright and Helibrook of CASA’s unwillingness to discuss compensation in advance, and it was their decision to terminate the mediation.
Darryn Kelly, counsel for Wright and Helibrook, said he thought the lack of compensation was “likely to be a major impediment”.
However, he said his clients were still willing to attend the talks.
In response, Miller said he did not bring up the unwillingness to offer monetary compensation as a way to “torpedo” the mediation.
“We raised that so the other parties could make informed decisions about the resources they wished to allocate,” Miller said.
Justice Elizabeth Raper questioned Kalyk, who has experience in “dealing with a regulator”, whether Danielle Wilson would “press on” with mediation without the possibility of monetary offers.
“We do not accept it could be so that CASA is prohibited from making monetary offers … it just can’t be right,” Kalyk said.
“In any event, if that is the position that they adopt, we can’t force them to change that. It may be they play little role in the mediation [but] there still seems to be utility in that process taking place.”
