Leave Victorian interest on past loss to the court that will hear the claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, list the past monetary loss the lawyer accepts and leave interest blank. The tool does not apply a rate, and it does not write a schedule that will be filed or served.
- What the lawyer must review
- Decide which court hears the claim, and which interest power applies.
- Do not state a rate.
- Do not treat section 28C as an interest bar.
- On a section 93 award, apply subsection (15) before interest is claimed on future loss.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: interest on past monetary loss left to the forum
Produce. A list of past monetary loss the lawyer accepts, with the interest line left blank.
Have ready. Past loss figures the lawyer accepts; The court the lawyer names.
Example of the limit. Illustrative example: Past wage loss is listed. The interest line is blank. The note says no Part VB interest section was opened. If the lawyer says the award is under section 93, the note also records subsection (15). The lawyer decides whether interest is claimed, and at what rate.
Stop and hand it back when
- The tool would apply an interest rate.
- The tool would say section 28C bars interest.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, list the past monetary loss the lawyer accepts and leave interest blank. The tool does not apply a rate, 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
- The opened table of provisions has no interest-on-damages section in Part VB.
- Do not state a rate under the Supreme Court Act 1986 or the Penalty Interest Rates Act 1983. Those Acts were not opened.
- Section 28C(2) takes some awards outside Part VB. That exclusion does not itself create an interest bar.
- On an award under section 93, subsection (15) bars interest on damages other than loss actually suffered before the award, for the period from the death or injury to the award. It states no rate.
Sources
- Wrongs Act 1958 (Vic) table of provisions · 2026-10-23
- Wrongs Act 1958 (Vic) section 28C · 2026-10-23
- Transport Accident Act 1986 (Vic) section 93 · 2026-10-23
The opened table of provisions of the Wrongs Act 1958 lists no section for interest on damages in Part VA or Part VB. No rate was opened. The Supreme Court Act 1986 and the Penalty Interest Rates Act 1983 were not opened. Do not state a rate.
Section 28C(2) excludes specified awards from Part VB. That exclusion does not, by itself, say interest cannot be awarded. The lawyer applies the interest power of the court the claim sits in, and names any head the lawyer says cannot carry interest.
Transport Accident Act 1986 section 93(15): in relation to an award of damages in accordance with that section, a court must not order the payment of interest, and no interest shall be payable, on an amount of damages, other than damages referable to loss actually suffered before the date of the award, in respect of the period from the date of the death or injury to the date of the award. That subsection states no rate. It does not apply to an award that is not under section 93.