Test lost gratuitous care to others against section 59A
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the section 59A conditions against the facts the lawyer accepts, including the section 59C limits. Do not value the services, and do not insert the section 58 amount.
- What the lawyer must review
- Read section 59B before any award is considered
- Leave the section 58 amount blank
- Do not treat the section 60 interest bar as covering section 59A
- Health and wage records stay in a firm-controlled tool. Check ASCR r 9, APP 11 and Privacy Act notification
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland damages for loss of capacity to provide gratuitous domestic services to another person
Produce. A condition-by-condition list against the facts the lawyer accepts, with the section 58 amount blank and section 59B flagged as unread.
Have ready. The care facts the lawyer accepts; Whether the lawyer says the injury is a work injury, a dust-related condition, or a tobacco injury.
Example of the limit. Illustrative example: The list marks the six-hour condition as not yet supported and leaves the section 58 amount blank. It does not state a dollar for the services.
Stop and hand it back when
- Section 59B has not been read and the draft states an award.
- The services were paid for.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the section 59A conditions against the facts the lawyer accepts, including the section 59C limits. Do not value the services, and do not insert the section 58 amount. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 59A is subject to section 59B, which was not opened. Stop before an award is expressed and say that section 59B has not been read.
- Generally, section 59A(2) allows an award only if every one of these is satisfied: death, or general damages before contributory negligence at least the amount prescribed under section 58; the recipient lived at the usual residence or was an unborn child; the services were provided, or would have been if the recipient was then unborn; the recipient is incapable because of age or physical or mental incapacity; a reasonable expectation of at least six hours a week for at least six months; and a need for those hours and that period that is reasonable. Sections 59A(3) and (4) are a separate path where those hours and that period are not met because of accommodation or other care. Leave the section 58 amount blank.
- Section 59C: take into account the capacity before the relevant time, any benefit to people outside the household, and ordinary vicissitudes. Assess on the life expectancy immediately before the relevant time. Do not award for a period after death where an unrelated event shortens life. Award this loss only under section 59A, and do not put it into general damages.
- Section 60 bars interest on damages for gratuitous services provided to an injured person. It does not name section 59A. Do not extend that bar. Section 5(3) keeps section 59A available for a dust-related condition or a tobacco injury. It does not keep it for a work injury.
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 2003 (Qld) section 59A · 2026-10-23
- Civil Liability Act 2003 (Qld) section 59C · 2026-10-23
- Civil Liability Act 2003 (Qld) section 5 · 2026-10-23
Sections 59A(3) and (4) can relax the hours-and-months test where the recipient was given accommodation, including by another parent, primarily as a break, because of age, frailty or disability, if the court considers an award reasonable. The section's examples include alternate-week care, school holidays, and short-term respite.
Gratuitous domestic services means services of a domestic nature for which there has been and will be no payment. Paid care is a different task. The relevant time is when the injury happened or, if symptoms were not immediately apparent, when the nature and extent became known.
Wage, tax and care records stay in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether a breach is notifiable under the Privacy Act 1988 (Cth).