One would assume the cretins who brought about the case will be trying to prove negligence on the pilots behalf, from reading the ATSB report I don't think you could prove any on his behalf although maybe he could have done things better with good old hindsight.
The disturbing thing if this case is successful is the effect it will have on openness during accident reporting, from reading the report there's a couple of things the pilot said which can / will be use against him in this case. I see in the near future after an accident / incident when the accident investigator goes to get a statement from the pilot and all he'll get is "not with out my lawyer present"