Record tax on New South Wales benefits that must be repaid

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
Where the lawyer says a Part 4 award is in view, add a blank row for income tax paid or payable on statutory benefits or workers compensation benefits that must be repaid. Do not calculate the tax.
What the lawyer must review
  • Section 4.5(1)(d) is a reimbursement of tax, not a gross-up invented by the tool
  • The tax figure is the lawyer's, from the records
  • Section 4.5 does not apply to a Compensation to Relatives Act 1897 action
  • Do not use this row for a claim that is not a Part 4 award
Written for / version
New South Wales versionNSWVICQLD

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. A damages claim under Part 4 of the Motor Accident Injuries Act 2017

Produce. A blank tax-reimbursement row, not a calculated gross-up.

Have ready. The benefits the lawyer says must be repaid; Any tax figure the lawyer has accepted; Whether the claim is a Part 4 award.

Example of the limit. Illustrative example: Weekly statutory benefits were paid and will be repaid from damages. The table adds a tax row and leaves it blank. It does not multiply the benefits by a tax rate.

Stop and hand it back when

  • The claim is not a Part 4 award.
  • The tool would calculate tax without a figure the lawyer has accepted.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceWhere the lawyer says a Part 4 award is in view, add a blank row for income tax paid or payable on statutory benefits or workers compensation benefits that must be repaid. Do not calculate the tax.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Section 4.5(1)(d) allows damages reimbursing income tax paid or payable on statutory benefits, or on workers compensation benefits, that must be repaid on a Part 4 award.
  2. Section 4.5(2) says section 4.5 does not apply to an action under the Compensation to Relatives Act 1897.
  3. Section 3.40 is the repayment of weekly statutory benefits out of damages. It is not itself the tax calculation. Keep the tax row separate from the benefit that is repaid.
  4. No rate of tax was opened. Do not derive a figure from a percentage.

Sources

The facts of any decided case about tax on repaid compensation were not opened. They are not used as a rate.

Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).

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