Update in legal fight over Outback Wrangler co-star Chris Wilson's death
The Australian air safety regulator has lost its attempt to be struck from a lawsuit over the death of Outback Wrangler co-star Chris Wilson.
Mr Wilson was killed in a helicopter crash while on a crocodile egg collecting expedition in the Northern Territory in February 2022.
Pilot Sebastian Robinson was left a paraplegic.
At the time of the crash, Mr Wilson was being hung from the helicopter by a sling.
Last year, his widow Danielle Wilson began proceedings in the Federal Court seeking damages for personal injury as well as for the loss of her husband's income.
She is suing the Civil Aviation Safety Authority (CASA), Outback Wrangler co-star Matt Wright and his company Helibrook.
She appeared on Wednesday in the Federal Court, where an interlocutory hearing was brought by CASA before Justice Elizabeth Raper.
The regulator was seeking to have the case brought against it struck out, arguing Helibrook was instead at fault for Mr Wilson's death because it failed to comply with safety regulations.
CASA argued that Ms Wilson's statement of claim did not have 'reasonable prospects of success' and the proceedings were 'frivolous'.
However, Ms Wilson's solicitor David Lloyd SC told the court that CASA was a 'significant cause' of the TV star's death.
'To put it shortly, the primary case against CASA is that Mr Wilson should never have been in the air, and CASA should never have cleared activities of that kind,' he said.
Meanwhile, Russell McIlwaine SC, acting on behalf of CASA, told the court that Helibrook was to blame.
'Had Helibrook complied with those conditions imposed by CASA, the accident wouldn't have happened and Mr Wilson wouldn't have been killed,' he said.
The court was told a sling height limit of five metres was imposed by CASA to ensure the safety of Mr Wilson while he collected the crocodile eggs.
However, it's alleged that Helibrook did not comply with this height limit, which was intended to 'assist someone in the helicopter' if 'something goes wrong' or an emergency landing was needed.
Mr McIlwaine added that CASA could 'not be expected' to go out and supervise 'every flight of every aircraft'.
'CASA is entitled to set rules which people are expected to obey …. which on this day, they were not obeyed,' he argued.
Justice Raper dismissed CASA's interlocutory application, finding the regulator's claims were 'untenable'.
Ms Wilson reflected on Justice Raper's decision outside federal court on Wednesday.
'It's been more than three years since we lost Willow in the most tragic of circumstances,' she said.
'I am pleased that today in court we heard that we do have an arguable case against CASA.'
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