Cap loss of employer superannuation under the New South Wales provision that applies
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record which superannuation cap the lawyer names, and leave the percentage and the amount blank. Do not treat the cap as an automatic award.
- What the lawyer must review
- Section 15C is a cap, and it does not apply to a Motor Accident Injuries Act award
- A Part 4 award uses section 4.6(3), which is also a cap
- The percentage is the minimum percentage required by law. Do not insert a figure.
- Do not use either section for work injury damages
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 in which loss of employer superannuation is a head
Produce. A superannuation row with the percentage and the amount left blank.
Have ready. The Act the lawyer has named; The earning-capacity damages the lawyer has accepted, if any; The minimum superannuation percentage the lawyer has confirmed.
Example of the limit. Illustrative example: The claim is a motor accident damages claim. The row cites section 4.6(3) and does not cite section 15C. Both figures stay blank.
Stop and hand it back when
- The lawyer has not named the Act.
- The row would award superannuation rather than record a cap.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Civil Liability Act section 15C caps damages for loss of employer superannuation contributions at the relevant percentage of the Part 2 damages for the impaired earning capacity on which those contributions are based.
- The relevant percentage is the minimum percentage required by law to be paid as employer superannuation contributions. That percentage was not opened.
- Section 3B(2)(b) applies section 15C to motor accidents except a motor accident to which the Motor Accident Injuries Act 2017 applies. Section 3B(1)(f) takes work injury damages outside the Act other than Part 1B.
- For a Part 4 award, section 4.6(3) sets the same style of cap on loss of employer superannuation contributions. It is still a maximum, not an automatic award.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Letter of instruction to an actuary on future loss | Letter | AI use Yellow | Letter asking an actuary to value future earnings and future treatment streams on the lawyer's assumptions, with the rate, percentage and life table left blank. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B and 15C · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW), in force from 10 July 2026, section 4.6 · 2026-10-23
Do not restate the future-assumptions task. The percentage and the earning-capacity figure are the lawyer's.
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).