List the Queensland facts for earnings that are not a defined weekly loss
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the section 55 facts from the material the lawyer selects: age, work history, actual loss and permanent impairment, and any other matter the lawyer names. Do not set the figure, and do not state a percentage.
- What the lawyer must review
- Section 55 does not require a percentage
- The lawyer states the assumptions and the methodology
- Section 54(2) still caps an award under section 55
- Wage and tax 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 loss of earnings that cannot be tied to a defined weekly loss
Produce. A list of the section 55 facts from the material the lawyer selects, with no figure and no percentage.
Have ready. Age, work history, actual loss and impairment material the lawyer selects; Whether the lawyer says the loss cannot be tied to a defined weekly loss.
Example of the limit. Illustrative example: The list sets out the work history and the impairment the lawyer marked. It does not turn that history into a weekly rate or a percentage.
Stop and hand it back when
- The loss can be tied to a defined weekly loss.
- The draft states a figure or a percentage.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the section 55 facts from the material the lawyer selects: age, work history, actual loss and permanent impairment, and any other matter the lawyer names. Do not set the figure, and do not state a percentage. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 55 applies where loss of earnings cannot be precisely calculated by reference to a defined weekly loss. The court may award damages only if satisfied the person has suffered, or will suffer, the loss, having regard to age, work history, actual loss of earnings, permanent impairment and other relevant matters.
- If the court awards damages, it must state the assumptions on which the award is based and the methodology used. The tool does not write those assumptions.
- Section 55 does not require a percentage. Do not add one.
- Section 55(4): section 54(2) applies to an award under section 55. The three-times earnings cap still applies if chapter 3 applies. Leave the earnings dollar blank. Section 5 may take the injury outside the Act.
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) section 55 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 54 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 5 · 2026-10-23
This is a different task from a schedule of the whole claim. The list is the facts for this head only.
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).