Assess loss of earnings that cannot be tied to a defined weekly loss
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where the lawyer says earnings cannot be tied to a defined weekly loss, the firm-controlled tool lists the age, work history, actual earnings and impairment facts the lawyer has accepted, and leaves the award figure blank. It does not state the assumptions or the methodology, and it does not write a schedule that will be filed or served.
- What the lawyer must review
- You decide whether the loss can be tied to a defined weekly loss.
- You state the assumptions and the methodology, and you set the figure.
- 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 | Where the lawyer says earnings cannot be tied to a defined weekly loss, the firm-controlled tool lists the age, work history, actual earnings and impairment facts the lawyer has accepted, and leaves the award figure blank. It does not state the assumptions or the methodology, 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
- Use this task only where the lawyer says the loss cannot be tied to a defined weekly loss.
- In Queensland, include age, work history, actual loss of earnings, permanent impairment and any other matter the lawyer accepts, and still apply the s 54(2) limit.
- Do not restate the live task on assumptions for future economic loss.
- In Victoria, do not treat Wrongs Act s 28A as a buffer section. It reduces the assessment for income tax.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Letter of instruction to a vocational assessor | Letter | AI use Yellow | Letter asking a vocational assessor for realistic occupations, hours and sourced earnings, without a diagnosis, an impairment score or a valuation. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Civil Liability Act 2003 (Qld) s 55 · 2026-10-23
- Civil Liability Act 2003 (Qld) s 54 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW) s 4.7 · 2026-10-23
- Civil Liability Act 2002 (NSW) s 3B · 2026-10-23
- Wrongs Act 1958 (Vic) s 28A · 2026-10-23
- Wrongs Act 1958 (Vic) s 28F · 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.