List Victorian earnings facts where no weekly loss can be defined
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, where the lawyer says earnings cannot be tied to a defined weekly loss, list the age, work history, actual earnings and impairment facts the lawyer has accepted, and leave the award figure blank. The tool 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
- Decide whether the loss can be tied to a defined weekly loss.
- State the assumptions and the methodology, and set the figure.
- Do not treat section 28A as a power to award a global buffer.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: earnings loss that cannot be tied to a defined weekly loss
Produce. A fact list for that loss, with the award figure left blank.
Have ready. Age, work history and earnings the lawyer accepts; The lawyer's statement that no weekly loss can be defined.
Example of the limit. Illustrative example: The person had casual shifts and no regular week. The list sets out the shifts the lawyer accepts and leaves the award blank. It does not state a methodology.
Stop and hand it back when
- The tool would set the award figure.
- The tool would write a schedule that is filed.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, where the lawyer says earnings cannot be tied to a defined weekly loss, list the age, work history, actual earnings and impairment facts the lawyer has accepted, and leave the award figure blank. The tool 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
- Section 28A reduces an assessment by income tax. It does not authorise a global award where no weekly loss can be defined.
- Where the lawyer says Part VB applies and a weekly loss can be defined, section 28F still caps each week.
- Do not import a buffer power from another state.
- Leave the award figure blank.
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
- Wrongs Act 1958 (Vic) section 28A · 2026-10-23
- Wrongs Act 1958 (Vic) section 28F · 2026-10-23
- Wrongs Act 1958 (Vic) section 28C · 2026-10-23
No section was opened in Wrongs Act Part VB that lets a court award a global sum for loss of earnings where the loss cannot be tied to a defined weekly loss. Section 28A is a different rule. It reduces an assessment of loss of earnings, or of future probable earnings, by the income tax that would reasonably have been payable. It is not a power to award a buffer.
Where Part VB applies, section 28F still caps each week of the period of loss of earnings at three times average weekly earnings, if a week of loss is assessed. Wrongs Act 1958 section 28C(2) leaves Part VB out of an award where the fault is an intentional act done with intent to cause death or injury, or sexual assault or other sexual misconduct; an award to which Transport Accident Act 1986 Part 3, 6 or 10 applies; an award to which Accident Compensation Act 1985 Part IV or Workplace Injury Rehabilitation and Compensation Act 2013 Part 7 applies; and an award to which the Workers Compensation Act 1958 applies. Other exclusions are on the section, including victims of crime assistance and a sum payable under a superannuation scheme or a life or other insurance policy. Section 28C(2A) leaves the Part out of assistance under the Victims of Crime (Financial Assistance Scheme) Act 2022. The lawyer decides whether Part VB applies. The tool does not.
Keep health, wage and scheme records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).