Thanks to Griffo, we are aware of what the POH says. It therefore appears that the PIC acted in accordance with the POH in terms deployment or in this case non-deployment of the chute. Therefore no suit (in relation to the chute) is available against the pilot. QED that will be CASA and ATSB's finding.
That's the way the establisment looks at it. Maybe under different circumstances, follow the POH and die or use your skills as a pilot, contrary to the POH, and survive - to face the suit.