Add back tax paid on compensation that must be repaid
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the compensation and tax figures the lawyer has accepted, the firm-controlled tool shows the difference between the gross amount to be repaid and the net amount the client kept. It does not write a schedule that will be filed or served.
- What the lawyer must review
- You take the gross repayment and the net amount kept from the compensation records.
- You decide whether that difference is recoverable on this claim.
- Use a firm-controlled tool. Wage, tax and care records are confidential under ASCR r 9 and APP 11.
- Decide whether a breach would be notifiable under the Privacy Act 1988 (Cth).
Open a jurisdiction version of this task to see which instruments apply: VICNSWQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | From the compensation and tax figures the lawyer has accepted, the firm-controlled tool shows the difference between the gross amount to be repaid and the net amount the client kept. It does not write a schedule that will be filed or served. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Use the gross and net figures from the compensation records, not a tax rate taken from a case.
- Do not treat Income Tax Assessment Act 1997 s 118-37 as making the repayment, or a damages lump sum, free of income tax.
- On a New South Wales motor-accident award, check the difference against Motor Accident Injuries Act 2017 s 4.5(1)(d).
- Do not invent a repayment mechanism. The repayment section of each scheme was not opened.
Sources
- Fox v Wood [1981] HCA 41 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW) s 4.5 · 2026-10-23
- Workers Compensation Act 1987 (NSW) s 151G · 2026-10-23
- Income Tax Assessment Act 1997 (Cth) s 118-37 · 2026-10-23
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
If a figure is copied into a document filed in court, the lawyer checks that court's generative-AI practice note. The opened notes are the New South Wales Supreme Court page for Practice Note SC Gen 23, the Victorian Supreme Court news page for Practice Note SC Gen 25, and the Law Society of NSW court-protocols page. The practice-direction PDFs were not opened.