Record future-earning assumptions where section 4.7 applies
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where the lawyer says a Part 4 award is in view, list the most likely future circumstances and leave the percentage blank. Where the Civil Liability Act applies, do not restate the section 13 task.
- What the lawyer must review
- Section 4.7 requires the assumptions and the percentage to be stated if an award is made
- Section 13 is a different section and does not apply to a Part 4 award
- Do not add a residual-discretion section unless the section you are applying states one.
- Work injury damages do not use section 4.7
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A Part 4 award under the Motor Accident Injuries Act 2017, or a claim the lawyer has distinguished from one
Produce. An assumptions table for section 4.7, with the percentage left blank.
Have ready. The future circumstances on the file; The lawyer's decision that a Part 4 award is in view; Any percentage the lawyer has already chosen.
Example of the limit. Illustrative example: Two future jobs are still open. The table lists both and leaves the percentage blank. It does not pick the most likely one, and it does not cite section 13.
Stop and hand it back when
- The claim is not a Part 4 award.
- The table would state the assumptions the lawyer has not chosen.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Where the lawyer says a Part 4 award is in view, list the most likely future circumstances and leave the percentage blank. Where the Civil Liability Act applies, do not restate the section 13 task. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 4.7(1): no damages for future economic loss unless the assumptions accord with the claimant's most likely future circumstances but for the injury.
- Section 4.7(2) adjusts for the percentage possibility that the events might have occurred but for the injury. Section 4.7(3) requires the assumptions and the percentage to be stated if an award is made.
- Section 13 of the Civil Liability Act is the parallel rule where Part 2 applies. It is already a separate task. Section 13 is not one of the provisions section 3B(2) keeps for a Part 4 award. Section 3B(1)(f) takes work injury damages outside the Act other than Part 1B.
- Nothing in sections 12 to 18, as read, is in the terms of a residual discretion to award damages where weekly loss cannot be defined. Do not invent one.
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
- Motor Accident Injuries Act 2017 (NSW), in force from 10 July 2026, section 4.7 · 2026-10-23
- Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B and 13 · 2026-10-23
The court or the Commission states the assumptions. The tool does not.
Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).