The families of four Australian Defence Force members killed in a helicopter crash in North Queensland during a training exercise have launched a class action against the Commonwealth and aerospace manufacturer Airbus, alleging failings led to their death.
Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Joseph “Phillip” Laycock and Corporal Alexander Naggs died when a MRH-90 Taipan helicopter crashed at 259km/h into the water off Queensland’s Whitsunday Islands in July 2023.
The crew were flying in a nighttime training exercise, and were killed instantly.
In October 2023, the Inspector-General of the Australian Defence Force launched an independent inquiry into the incident to understand the causes of deaths and determine whether actions or inactions by ADF personnel were contributing factors.
The 15-month inquiry heard evidence from dozens of witnesses, including the men’s families and ADF personnel, and raised issues around fatigue and operational equipment, namely the software upgrade of “TopOwl” night vision goggles.
Lyon and Nugent were both wearing TopOwl helmets at the time of the crash.
Retired test pilot Major Ian Wilson told this masthead he had warned the army in 2020 that it risked “industrial manslaughter” by putting TopOwl 5.1 into service after discovering serious faults in the software.
He also found the helmet’s night vision to be deficient, with 50 per cent less visibility compared with other systems.
A draft report of the 15-month inquiry has been shared with the families of the men but has not been released publicly.
Four other investigations have been launched in the three years since the tragedy, including a Senate inquiry and a probe by the Defence Flight Safety Bureau.
The latter, released in May last year and described as “one of the most complex conducted by defence in recent history”, found the accident was primarily caused by “an unrecognised loss of spatial orientation” or spatial disorientation.
It found it was “very unlikely” the known hazards relating to the TopOwl helmet contributed to the loss of spatial orientation.
This week marked three years since the tragedy, with the families of the four men travelling to the Whitsundays to unveil a permanent memorial.
Caitland Lyon, the widow of Danniel Lyon, is leading the federal court class action against the Commonwealth and Airbus.
In a statement on Friday, lawyers said the lawsuit was filed now to “stop the clock” so that families wouldn’t lose their right to sue.
It’s understood the class action will allege failings led to the men’s deaths.
A Defence spokesperson said the department is currently considering the claim, but that would not be appropriate to comment further as the matter is subject to legal proceedings.
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