Calculate interest on past loss and leave out the heads section 18 bars
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where the lawyer says section 18 applies, list the heads on which interest is barred and leave the rate and the amount blank. Do not apply the whole of section 18 to a motor accident award.
- What the lawyer must review
- Section 18(1) bars interest on non-economic loss, on section 15 care, and on section 15B loss
- Section 15A care is outside the section 18(1)(b) bar. Do not value that care in this working
- For a motor accident, section 3B(2)(c1) applies section 18(1) only to section 18(1)(c) loss
- Use the rate in the regulations or, if none, the 10-year bond rate for the relevant half-year
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 damages claim to which section 18 may apply
Produce. An interest worksheet that marks the barred heads and leaves the rate blank.
Have ready. The past heads the lawyer has listed; The date each loss was first incurred; Whether the claim is a motor accident award or work injury damages.
Example of the limit. Illustrative example: The past loss includes non-economic loss and paid medical accounts. The sheet marks non-economic loss as barred where section 18(1)(a) applies, and it leaves interest on the medical accounts blank.
Stop and hand it back when
- The lawyer has not said that section 18 applies.
- The tool would apply section 18(1)(a) to a Motor Accident Injuries Act award.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Where the lawyer says section 18 applies, list the heads on which interest is barred and leave the rate and the amount blank. Do not apply the whole of section 18 to a motor accident award. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 18(1) says a court cannot order interest on non-economic loss, on gratuitous attendant care as defined in section 15 other than services to which section 15A applies, or on loss of capacity under section 15B.
- Where interest is payable, section 18(2) runs it from when the loss was first incurred until the damages are determined. Section 18(5) does not affect interest on a judgment debt.
- The rate is the rate determined by the regulations or, if none, the Commonwealth 10-year benchmark bond rate published by the Reserve Bank. The January rate applies from 1 March to 31 August. The July rate applies from 1 September to the last day of February. The current rate was not opened.
- Section 3B(2)(c1) applies section 18(1) to motor accidents only for loss of the kind in section 18(1)(c). Do not apply section 18(1)(a) or (b) to a Motor Accident Injuries Act award on the strength of section 18 alone. Work injury damages are outside the Act other than Part 1B.
Sources
- Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B, 15A and 18 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW), Part 4, read with Civil Liability Act section 3B(2)(c1) · 2026-10-23
No regulation setting an interest rate was opened. Do not insert a percentage.
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).