[Peetwo]

Willow's widow lawsuit update.

Via the Oz:

Federal Court sets 2026 trial for Chris Wilson helicopter death lawsuit



Federal Court judge Elizabeth Raper has blown her top at delays in the case brought by the widow of a man killed while slung under a helicopter collecting crocodile eggs, telling the parties “her court is not a shopping centre”.

Danielle Wilson is suing the Civil Aviation Safety Authority as well as helicopter owner Matt Wright and his now insolvent company Helibrook.

Her civil suit argues CASA should never have permitted the activities undertaken by Helibrook and Mr Wright.

The matter was filed in the Federal Court in 2023 following the death of Chris “Willow” Wilson, a co-star of Mr Wright in National Geographic’s Outback Wrangler series, in a Northern Territory helicopter crash in February 2022.

Since then it has been held up by unsuccessful mediation and a series of interlocutory applications and cross-claims.

As well as the central case, Mr Wright is suing his insurers for failing to pay out after the crash, while CASA is seeking orders to have any damages awarded against the authority paid by Mr Wright.

At Friday’s hearing solicitor Glenn Biggs for insurer HDI Global Specialty told the court his client would apply for a summary dismissal from the cross-claim filed by Mr Wright.

Justice Raper responded that she would not entertain any further interlocutory applications which were unlikely to succeed.

“This court is not a shopping centre,” Justice Raper said.

“This matter has a very long and tortured history, and it has been plagued by interlocutory applications which have gone nowhere.”



She instructed Mr Biggs to “very carefully read section 37M of the Federal Court Act, and think very carefully about whether it’s consistent with your obligations and those of your client to file such an application”.

“This court is desperately trying to get this matter on for trial,” said Justice Raper.

“Today I’m setting this matter down for final hearing as a desperate attempt for the parties to focus on what the issues now are in this matter, and to get ready for the hearing.”

Mr Biggs argued the issue for his client “was quite narrow” and came down to the fact Mr Wright was “not insured” on the policy in question.

“It’s the case that Mr Wright seeks policy coverage under my client’s insurance policy and he is our client simply says, ‘not an insured’,” Mr Biggs said.

“He is not our pilot, (that is) he was not the pilot in command of the aircraft in this incident.”

Justice Raper agreed to hear the application for summary dismissal on October 29, and also sought to set aside two weeks next year for a trial.

“Unless I set it down for hearing it will never, I fear, get anywhere save for the parties requiring me to make interlocutory decisions, so I’m going to set it down,” said Justice Raper.

The dates of September 14 to 25, 2026 were set down for trial.

At the same time, evidence continued to be heard in the Northern Territory Supreme Court, where Mr Wright is standing trial on three counts of attempting to pervert the course of justice.

He has pleaded not guilty to the charges, which relate to the aftermath of the crash that killed Mr Wilson and left pilot Seb Robinson a paraplegic with a permanent brain injury.

Mr Wright is not listed to give evidence at the trial which has centred on alleged instructions issued to pilots at Helibrook to under-report flying hours so helicopters were not tied up in maintenance.

Hmm...for the interest of your Honour I present some factual AP forum and blog posts - 

Su_Spence 'sloppy' on perceived conflict of interest??

"..You have apologised; is there anything else you need to apologise for in our exchanges?.." - On the subject of 'conflict of interest', or even 'perceived' COI, perhaps Su_Spence should be declaring her and the Board's possible COI in regards to her, the former Chair and another Board Member's joy flight with the media personality Matt Wright (aka the Croc Wrangler).

Especially given the subsequent (within months) extension of the R44 HEC Croc egg collection exemption legislative instrument and the obvious ATSB cover-up in the re-defined 'systemic' investigation, which did not include CASA surveillance and the fact that the CASA Board joy flight actually occurred...

Has Chair Binskin signed DAS Su_Spence death warrant??

This was the 1st I'd heard of this Chair instigated review? The timeline of this review and subsequent Chair response is fascinating given the context of events that were happening at the same time.

To begin with the negative press (referred to):

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9/05/23:

https://www.casa.gov.au/about-us/news-me...ing-record

The article in The Australian newspaper (CASA gave Matt Wright exemption before Chris Wilson’s fatal chopper crash, 6 May 2023) makes several statements that are incorrect and potentially misleading.

CASA routinely assesses applications for activities which are unusual or not specifically addressed in the Civil Aviation Safety Regulations. Collecting crocodile eggs in remote areas is a good example and this type of activity has been approved, with safety conditions, for more than 10 years.

CASA’s Board regularly meets in different locations around Australia as part of an ongoing program to engage with communities, local operators and CASA staff. Visiting aviation businesses to gain a deeper understanding of aviation operations is often arranged around Board meetings.

The CASA CEO and Board were not flown to the Tiwi Islands on a helicopter. As part of a familiarisation of remote air services, two members flew to Bathurst Island and return on the same afternoon on scheduled airline flights from Darwin. The tickets were purchased by CASA.

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23/05/23:

All documents and correspondence related to the 23 June 2021 Crocodile Farms NT gift of a briefing and helicopter flight.

Freedom of Information (FOI) - 23 June 2021 Helicopter Flight

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2/06/23: Chair Binskin commissions ICC review:

I commissioned this Review, pursuant to paragraph 2.1 of the Industry Complaints Commissioner’s Governance Arrangements, for you to examine how the CASA Board engages with industry participants, including all related policies and arrangements. The Review’s Terms of Reference noted that it was essential for the CASA Board to be able to interact in a transparent manner with the aviation industry and broader aviation community to discuss and remain abreast of current and emerging issues, and potential areas of risk to aviation safety.

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29/06/23:

Certificate of airworthiness for VH-IDW and organisation surveillance findings.

Exemption(s) applied: s47F, s47G, s37(1)(a).

Freedom of Information (FOI) 29 June 2023 – Certificate of airworthiness for VH-IDW and organisation surveillance findings – Part 1 of 2 (PDF, 4.24 MB)

Freedom of Information (FOI) 29 June 2023 – Certificate of airworthiness for VH-IDW and organisation surveillance findings – Part 2 of 2 (PDF, 6.87 MB)

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5/07/23:

CASA.CARRY Instruments

Exemption(s) applied: s47F, s47G.

Freedom of Information (FOI) 5 July 2023 – CASA.CARRY Instruments (PDF, 7.88 MB)

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9/08/23:

ICC Commissioner Jonathon Hanton releases review to Chair Binskin.

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22/08/23:

CASA.CARRY instruments to Helibrook and Northshore Holdings since 2010 (and was not released in the FOI decision of 5 July 2023).

Exemption(s) applied: S22, s47G

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1/09/23:

Correspondence between Pip Spence, Matt Wright, Mick Burns and Michael Bridge.

Exemption(s) applied: S47F...etc..etc

From the blog:

AuntyPru 10 days to XMAS Wrap

"..Item Last – The great ‘Croc o’ Shite’ saga; some serious attention being paid to that inelegant, fully CASA certified, buggers muddle. ATSB have ‘shuffled’ the deck providing a bastardised ‘systematic’ report; taking full advantage of the wriggle room’ inside the ‘guidelines’ as presented. Popinjay running interference, Spence hiding out away from the bright lights, the CASA board still belching from the largess offered during their ‘jolly’ in a chopper over the GAFA. Anyone bright enough to have escaped from the local ‘facility’ for the mentally challenged could read through the ‘operational’ approvals and marvel at the latitude and the lack of ‘CASA’ oversight/audit/surveillance etc. – Considering the treatment of ‘other’ operators. No doubt there is enough legal wriggle room for Spence, the wretched ‘minister’ and the entire dog and pony show to waltz away unscathed. All there in black and white. Pity the dozy media can’t read ain’t it?.."



TGIF on the AP Forum: 15/03/24

"..Item last – CASA and the Crock o’ Shite debacle. Caution, against stepping on some very large toes here prevents further ‘speculation’ but the BRB has formed some pretty firm notions and are content to let the grown ups fossick away and unbutton the true nature of this event. However, in this week’s press blurbs, much has been made of the destruction (not disappearance) of a mobile telephone. “to protect the widow” (paraphrased) – Bollocks. Seriously? – I rest my case M’lud…"



MTF? - MUCH!...P2