Assess loss of capacity to provide gratuitous care to dependants
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the hours, rate and dependant details the lawyer has accepted, the firm-controlled tool shows the capped value of lost gratuitous care to dependants and leaves a condition blank where the lawyer has not accepted it. It does not write a schedule that will be filed or served.
- What the lawyer must review
- You decide whether each statutory condition is met, including the hour and month tests.
- You set the hours and the rate, and you keep this loss out of non-economic loss.
- 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 hours, rate and dependant details the lawyer has accepted, the firm-controlled tool shows the capped value of lost gratuitous care to dependants and leaves a condition blank where the lawyer has not accepted it. 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
- Do not treat care provided to the injured person as care the injured person provided to dependants.
- Keep the six-month wording exact: consecutive in New South Wales and Victoria, and at least six months in Queensland.
- In New South Wales, cap every hour at the s 15(5) hourly rate, including where the care would have been 40 hours or more.
- In Queensland, leave the s 58 general-damages threshold blank. That amount was not opened.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Victoria Wrongs Act caps worksheet | Other | AI use Yellow | Worksheet for the Wrongs Act 1958 (Vic) limits that were opened: the earnings cap, the indexed non-economic loss maximum, the discount rate, and the gratuitous care limits. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Civil Liability Act 2002 (NSW) s 15B · 2026-10-23
- Civil Liability Act 2002 (NSW) s 15 · 2026-10-23
- Wrongs Act 1958 (Vic) s 28ID · 2026-10-23
- Wrongs Act 1958 (Vic) s 28IE · 2026-10-23
- Civil Liability Act 2003 (Qld) s 59A · 2026-10-23
- Civil Liability Act 2003 (Qld) s 59C · 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.