Show the gross and net difference where Victorian compensation must be repaid
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, show the gross amount and the net amount the lawyer supplies where compensation may have to be repaid, and the difference between them. The tool does not decide that the difference is recoverable, and it does not write a schedule that will be filed or served.
- What the lawyer must review
- Decide whether any tax on compensation that must be repaid is recoverable.
- Supply the gross and net figures. The tool does not calculate the tax.
- Do not treat section 28A as an add-back of tax paid on compensation.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: gross and net difference on compensation that may have to be repaid
Produce. A note of the gross, the net and the difference the lawyer supplies, with recoverability left open.
Have ready. The gross figure the lawyer supplies; The net figure the lawyer supplies; The lawyer's decision on recoverability.
Example of the limit. Illustrative example: Weekly compensation was taxed and may have to be repaid. The lawyer supplies the gross and the net. The note shows the difference and does not say it is recoverable.
Stop and hand it back when
- The tool would decide that the difference is recoverable.
- The tool would state a case ratio.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, show the gross amount and the net amount the lawyer supplies where compensation may have to be repaid, and the difference between them. The tool does not decide that the difference is recoverable, and 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
- Show only the gross, the net and the difference the lawyer supplies.
- Do not describe section 28A as adding back tax paid on compensation that must be repaid.
- No Victorian section adding that tax back was opened. Do not invent one, and do not state a case ratio that was not opened.
- Transport-accident and workplace repayment provisions for this tax were not opened on this task. Use the settlement task for statutory compensation brought to account.
Sources
- Wrongs Act 1958 (Vic) section 28A · 2026-10-23
- Income Tax Assessment Act 1997 (Cth) section 118-37 · 2026-10-23
No section adding back tax paid on compensation that must be repaid was opened in the Wrongs Act. Section 28A reduces an assessment of loss of earnings, or of future probable earnings, by the income tax that would reasonably have been payable had the person received those earnings. That is not an add-back of tax on compensation that is repaid. Income Tax Assessment Act 1997 section 118-37 was opened for capital gains. It is not an income-tax exemption for weekly payments, and it is not this add-back.
The tool shows the gross-minus-net difference the lawyer supplies. The lawyer decides whether that difference is recoverable. No case on the point was opened.
Keep health, wage and scheme records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).