---
title: "Leave Victorian interest on past loss to the court that will hear the claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/calculate-interest-on-past-monetary-loss-and-leave-out-barred-heads/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-9-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Leave Victorian interest on past loss to the court that will hear the claim

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/calculate-interest-on-past-monetary-loss-and-leave-out-barred-heads/victoria  
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 | 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. |
| Written for | Victoria |
| Applies to | [Calculate interest on past monetary loss and leave out barred heads](https://ailawframework.com/practice/personal-injury-and-compensation/calculate-interest-on-past-monetary-loss-and-leave-out-barred-heads.md) |

## Checking plan

**Verify against sources**

The lawyer applies the interest power of the court. Part VB has no opened interest section. Section 93(15) is the opened limit on a transport-accident award.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- 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. The opened table of provisions has no interest-on-damages section in Part VB.
2. Do not state a rate under the Supreme Court Act 1986 or the Penalty Interest Rates Act 1983. Those Acts were not opened.
3. Section 28C(2) takes some awards outside Part VB. That exclusion does not itself create an interest bar.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria: interest on past monetary loss left to the forum

**Deliverable**: A list of past monetary loss the lawyer accepts, with the interest line left blank.

**Inputs**

- Past loss figures the lawyer accepts
- The court the lawyer names

**Example**: 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 escalate when**

- The tool would apply an interest rate.
- The tool would say section 28C bars interest.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) table of provisions](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) section 28C](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28c.html) (checked 2026-10-23)
- [Transport Accident Act 1986 (Vic) section 93](https://www5.austlii.edu.au/au/legis/vic/consol_act/taa1986204/s93.html) (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.*