The widow of Outback Wrangler star Chris 'Willow' Wilson is suing his co-star's helicopter company and the Australian Civil Aviation Authority, alleging they both failed to fulfill their duty of care to her late husband when he was killed.
Mr Wilson, a star of the Netflix reality show, died in a helicopter crash in a remote part of the Northern Territory on February 28 last year.
He was collecting crocodile eggs while hanging from a Robinson R44 helicopter, known as VH-IDW, when it crashed to the ground near the King River in the NT.
Mr Wilson's widow, Danielle, has now filed suit in federal court alleging what her lawyers say were “wrongful acts or omissions” that caused or contributed to her late husband's death.
Helibrook, the company owned by Wilson's co-star Matt Wright, and the Civil Aviation Safety Authority (CASA), are both named as respondents.
Mr Wilson's widow, Danielle (pictured together) has now launched proceedings in the Federal Court over what her lawyers claim were 'wrongful acts or omissions' that caused or contributed to her late husband's death.
Ms Wilson was collecting crocodile eggs while hanging from a Robinson R44 helicopter, known as VH-IDW, when it crashed to the ground near the King River in the NT.
Ms Wilson is seeking costs, damages, interest, interest on costs and 'any other order the court considers appropriate' for the psychological harm caused by the conduct.
In court documents obtained by NCA NewsWire, Ms Wilson's lawyers claim CASA breached its duty of care to Mr Wilson by approving Helibrook's sling operation.
According to factual background provided in the documents, picking up or suspending people by air was prohibited between 2007 and 2021 unless authorized by CASA.
Regulations from December 2021 only allowed sling operations under strict regulations.
At the time of the crash, the Robinson helicopter was operating under a CASA instrument that enabled such roll operations.
Ms Wilson's lawyers claim the appropriate circumstances had not been met, without a proper or appropriate risk assessment having been carried out and 'without ongoing monitoring, assessment and/or verification of the participants carrying out the activity and their practices'.
A report from the Australian Transport Safety Bureau (ATSB) shows the crash was likely caused by the helicopter running out of fuel.
The agency determined that Mr. Wilson likely fell from a height of more than 16 feet when the pilot attempted an emergency landing, resulting in his death.
Helibrook, the company owned by Wilson's co-star Matt Wright (pictured), and the Civil Aviation Safety Authority (CASA), are both named as respondents.
In the documents they further allege that Helibrook breached its duty of care to Wilson by failing to carry out a risk assessment of the sling operation.
“(Helibrook) failed to employ appropriate pilots and/or properly train pilots and other personnel regarding roll operations,” the documents allege.
Wilson's lawyers claim the company failed to ensure that the pilots informed the crew about emergency procedures and maintenance of the helicopter.
It is further alleged that the company 'allowed VH-IDW to be flown in a manner that compromised the pilot's ability to ensure there was sufficient fuel' for the operation.
Sebastian Robinson, the then pilot who was seriously injured in the crash, would not have carried out a risk assessment as an employer of Helibrook.
Mrs Wilson's lawyers claim a risk assessment would have revealed 'a range of issues', including the likelihood of her husband's death at heights above 5 metres.
They allege that Mr Robinson – for whom 'Helibrook is vicariously liable as employer or equivalent' – failed to ensure that VH-IDW had sufficient fuel 'at all times'.
The agency determined that Mr Wilson (pictured) likely fell from a height of more than 5 meters when the pilot attempted an emergency landing, causing his death
“CASA owed Mr. Wilson a duty to exercise reasonable care in the exercise and performance of his legal powers and functions,” its lawyers allege in the documents.
'Helibrook had… a duty of care as his employer or equivalent.
In the documents, Ms Wilson's lawyers state that the applicant 'claims negligence against CASA and Helibrook' and 'in the alternative… the applicant claims damages for the death of Mr Wilson, for which Helibrook as carrier is strictly liable'.
In their assessment of the alleged harm caused to Mrs Wilson, her lawyers claim: '(She) suffered nervous shock or psychiatric damage and loss of maintenance and support from Mr Wilson during the course of his life… (and) costs (including costs of attending a corona investigation).'
A spokeswoman for CASA said it would not be appropriate to comment on the proceedings as they took place in court.
A spokesperson for Gillis Delaney Lawyers, which is representing Mr Wright, said the proceedings had been referred to Helibrook's insurer 'who will conduct the defense of the claim'.
“The filing notes that the pilot, who was an independent contractor, is responsible and claims Helibrook is liable for his actions,” the spokesperson said.
Wilson's lawyers claim the company failed to ensure that the pilots informed the crew about emergency procedures and maintenance of the helicopter. The photo shows Mr. Wilson
'The proceedings are defended by the insurer and we expect contractor Pilot and his company to be included in the proceedings.'
In addition to the recent claim, Mr Wright is committed to stand trial on a charge of attempted perverting of the course of justice in the Northern Territory Supreme Court next year.
Mr Wright has 'vehemently' denied any wrongdoing.
During the settlement proceedings on December 7, Mr Wright's representatives issued a statement acknowledging that “one of the seven charges today is at trial for next year.”
The other charges against him include one charge of intimidating a helicopter pilot, one charge of destroying evidence, one charge of fabricating evidence, two charges of unlawful entry and one charge of making a false statement.
“The other charges will remain pending resolution of the charge now before the Supreme Court,” Wright said in a statement.
“I am hopeful that the remaining charges will all be dropped once this charge is resolved next year.”
Two of Wright's co-defendants, Michael Burbidge and ex-police officer Neil Mellon, have pleaded guilty to destroying evidence for their roles in the incident.