---
title: "Show the gross and net difference where Victorian compensation must be repaid"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/add-back-tax-paid-on-compensation-that-must-be-repaid/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-4-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Show the gross and net difference where Victorian compensation must be repaid

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/add-back-tax-paid-on-compensation-that-must-be-repaid/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | Victoria |
| Applies to | [Add back tax paid on compensation that must be repaid](https://ailawframework.com/practice/personal-injury-and-compensation/add-back-tax-paid-on-compensation-that-must-be-repaid.md) |

## Checking plan

**Verify against sources**

The lawyer decides recoverability. No Victorian add-back section was opened. Section 28A is a reduction, not an add-back.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Show only the gross, the net and the difference the lawyer supplies.
2. Do not describe section 28A as adding back tax paid on compensation that must be repaid.
3. No Victorian section adding that tax back was opened. Do not invent one, and do not state a case ratio that was not opened.
4. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: Victoria: gross and net difference on compensation that may have to be repaid

**Deliverable**: A note of the gross, the net and the difference the lawyer supplies, with recoverability left open.

**Inputs**

- The gross figure the lawyer supplies
- The net figure the lawyer supplies
- The lawyer's decision on recoverability

**Example**: 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 escalate when**

- The tool would decide that the difference is recoverable.
- The tool would state a case ratio.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) section 28A](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28a.html) (checked 2026-10-23)
- [Income Tax Assessment Act 1997 (Cth) section 118-37](https://www5.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.37.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*