Wilson plunged to his death in a remote area of the Northern Territory in February 2022 while dangling from a helicopter owned by his television series co-star Matt Wright to collect crocodile eggs.
In April, Ms Wilson joined Wright to the lawsuit and amended her pleadings to include claims against him personally.
CASA’s lawyer, Thomas Miller, told a hearing today there was a higher threshold required for the commonwealth body to offer financial settlements than for private parties.
“We gave an indication that we were not likely to be able to make monetary offers of settlement,” he said.
“There has to be a real, an appreciable, risk of liability and it has to be supported by evidence.”
Miller added CASA’s actions had to be reviewed and approved by a range of interests, including the attorney-general’s office.
The matter is due for a mediation session on June 6 despite the court being told some parties held reservations about its usefulness if no money was on the table.
Miller said for any offers to be made there would need to be further expert evidence available on issues including causation and liability.
“There is a helicopter which is crashed and there are unclear circumstances as to why it crashed,” he said.
“The existence of the duty of care is very much an issue; the scope and content of that duty … is very much in issue.”
During the subsequent emergency landing, pilot Sebastian Robinson released hooks and the sling line carrying Wilson.
Robinson, who survived the incident but suffered life-long injuries, was found to have not refuelled when necessary and had traces of cocaine in his system.
Justice Elizabeth Raper said she was concerned about CASA’s position and urged it to “avoid rigidity”, adding she understood the added difficulties given its accountability to the Australian public.
Ms Wilson is seeking damages for personal injury as well as from her husband’s loss of income after the crash.
