---
title: "List the Queensland facts for earnings that are not a defined weekly loss"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-earnings-that-cannot-be-tied-to-a-defined-weekly-loss/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-13-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# List the Queensland facts for earnings that are not a defined weekly loss

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-earnings-that-cannot-be-tied-to-a-defined-weekly-loss/queensland  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 |
| Written for | Queensland |
| Applies to | [Assess loss of earnings that cannot be tied to a defined weekly loss](https://ailawframework.com/practice/personal-injury-and-compensation/assess-loss-of-earnings-that-cannot-be-tied-to-a-defined-weekly-loss.md) |

## Checking plan

**Verify against sources**

The tool lists the facts section 55 requires the court to consider. The lawyer decides whether the loss can be precisely calculated and, if an award is made, states the assumptions.

- What the AI does: 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 does: The lawyer decides whether section 55 applies, states the assumptions and methodology, and sets any figure.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. 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.
2. 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.
3. Section 55 does not require a percentage. Do not add one.
4. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: Queensland loss of earnings that cannot be tied to a defined weekly loss

**Deliverable**: A list of the section 55 facts from the material the lawyer selects, with no figure and no percentage.

**Inputs**

- 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**: 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 escalate when**

- The loss can be tied to a defined weekly loss.
- The draft states a figure or a percentage.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld) section 55](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s55.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 54](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s54.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 5](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/cla2003161/s5.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Letter of instruction to a vocational assessor](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-vocational-assessor.md) | Letter | 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.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*