---
title: "Build a New South Wales past economic loss table from pay and tax records"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/build-a-past-economic-loss-table-from-pay-and-tax-records/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-3-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Build a New South Wales past economic loss table from pay and tax records

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/build-a-past-economic-loss-table-from-pay-and-tax-records/new-south-wales  
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 | 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 |
| Written for | New South Wales |
| Applies to | [Build a past economic loss table from pay and tax records](https://ailawframework.com/practice/personal-injury-and-compensation/build-a-past-economic-loss-table-from-pay-and-tax-records.md) |

## Checking plan

**Verify against sources**

The table is a working sum of accepted net earnings. The statutory cap is applied only after the lawyer names the statute.

- What the AI does: 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 does: Accept each pay and tax figure, name the statute, and decide what is served.
- 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. Each row needs a payslip or tax record and a period. A missing record is a gap, not a guessed figure.
2. 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.
3. 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.
4. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: A New South Wales past-loss calculation on a plaintiff file

**Deliverable**: A period table of accepted net earnings, with the statutory cap left blank.

**Inputs**

- Pay and tax records the lawyer has selected
- The periods those records cover
- The Act the lawyer has named

**Example**: 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 escalate when**

- A period has no record the lawyer has accepted.
- The table would be served as the claim.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW), in force from 30 July 2026, section 12](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2002-022) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW), in force from 10 July 2026, sections 4.5 and 4.6](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2017-010) (checked 2026-10-23)
- [Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 151I](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1987-070) (checked 2026-10-23)

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