Build a Victorian past economic loss table after the tax reduction in section 28A
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, build a past loss table from the pay and tax records the lawyer accepts, reduce the assessed sum by the income tax the lawyer says section 28A requires, and then apply the section 28F weekly cap only where the lawyer says Part VB applies. The tool does not write a schedule that will be filed or served.
- What the lawyer must review
- Decide whether section 28A applies to this award, including a transport or workplace award.
- Accept the tax amount that is taken off. The tool does not assess tax.
- Apply the weekly cap only where you say Part VB applies.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: past economic loss, with the section 28A tax reduction
Produce. A past economic loss table the lawyer has checked, with tax taken off as the lawyer accepts and the weekly cap only where Part VB applies.
Have ready. Pay records; Tax records; The lawyer's decision on section 28A and on Part VB.
Example of the limit. Illustrative example: The payslips show a weekly gross. The table takes off the tax amount the lawyer writes, and leaves the three-times cap blank because the lawyer has not yet said that Part VB applies.
Stop and hand it back when
- The tool would assess the tax.
- The records are available only in a public tool.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, build a past loss table from the pay and tax records the lawyer accepts, reduce the assessed sum by the income tax the lawyer says section 28A requires, and then apply the section 28F weekly cap only where the lawyer says Part VB applies. The tool 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 sits outside Part VB. Do not skip it merely because section 28C excludes Part VB.
- The reduction is the income tax reasonably considered payable on the earnings had the person received them. The lawyer accepts that amount.
- Where Part VB applies, section 28F then caps each week. Do not cap a week the lawyer has not accepted.
- Keep pay and tax records in a firm-controlled tool.
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
Section 28A is in Part VA, before Part VB. Where it is material to assess damages for deprivation or impairment of earning capacity, or for other personal injury, having regard to loss of earnings or of future probable earnings, there shall be taken into account, in reduction of the sum assessed, the amount reasonably considered to be the income tax payable on those earnings had the person received them. Section 28C does not, in the text opened, exclude section 28A. The lawyer decides whether section 28A applies to a transport-accident or workplace award.
Where Part VB applies, section 28F then caps each week of the period of loss of earnings at three times average weekly earnings. The dollar stays blank until the lawyer accepts it. 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).