Build a New South Wales past economic loss table from pay and tax records
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the pay and tax records the lawyer accepts, list net earnings by period and leave the section 12 or section 4.6 comparison blank. Do not calculate tax that must be repaid in this table.
- What the lawyer must review
- Use the net figures the lawyer has accepted. Do not rebuild them
- Where section 12 applies, the cap is on gross weekly earnings, not on the net total
- Tax on compensation that must be repaid is a separate head
- Do not serve this table
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A New South Wales past-loss calculation on a plaintiff file
Produce. A period table of accepted net earnings, with the statutory cap left blank.
Have ready. Pay and tax records the lawyer has selected; The periods those records cover; The Act the lawyer has named.
Example of the limit. Illustrative example: One fortnight has no payslip. The table leaves that fortnight blank. It does not spread the neighbouring fortnights across the gap.
Stop and hand it back when
- A period has no record the lawyer has accepted.
- The table would be served as the claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the pay and tax records the lawyer accepts, list net earnings by period and leave the section 12 or section 4.6 comparison blank. Do not calculate tax that must be repaid in this table. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Each row needs a payslip or tax record and a period. A missing record is a gap, not a guessed figure.
- Where the Civil Liability Act applies, section 12 then disregards gross weekly earnings above three times average weekly total earnings. The comparison is not the same as adding up net pay.
- Do not use section 12 for a Motor Accident Injuries Act Part 4 award or for work injury damages. Those awards use section 4.6 and section 151I. Each is a net weekly test against a maximum that the section says is a maximum gross earnings amount. That figure was not opened.
- Do not put into this table the reimbursement of tax on benefits that must be repaid. That is section 4.5(1)(d) where a Part 4 award is made, and it is a separate row.
Sources
- Civil Liability Act 2002 (NSW), in force from 30 July 2026, section 12 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW), in force from 10 July 2026, sections 4.5 and 4.6 · 2026-10-23
- Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 151I · 2026-10-23
The current average-weekly-earnings estimate and the section 34 and Division 3.3 maxima were not opened.
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).