Cap lost Queensland employer superannuation at section 56
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the earning-capacity damages the lawyer accepts, show section 56 as a cap at the percentage the lawyer supplies. Do not invent the percentage, and do not apply the cap to a work injury unless the lawyer says chapter 3 applies.
- What the lawyer must review
- Section 56 is a cap, not a formula that finds the loss
- Leave the percentage blank until the lawyer supplies it
- Check whether section 5 takes this injury outside the Act, including the named carve-outs
- Wage and tax records stay in a firm-controlled tool. Check ASCR r 9, APP 11 and Privacy Act notification
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland damages for loss of employer superannuation contributions, where chapter 3 applies
Produce. A cap working that stays blank until the lawyer supplies the percentage and the earning-capacity damages.
Have ready. The earning-capacity damages the lawyer accepts; The percentage the lawyer says the written law requires.
Example of the limit. Illustrative example: The working multiplies the damages figure by the percentage the lawyer typed. It does not insert a percentage of its own, and it is not used where the lawyer says section 5 applies.
Stop and hand it back when
- The percentage has not been supplied.
- The injury is a work injury and the lawyer has not said that chapter 3 applies.
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
- Section 56(1): the maximum damages to an employee for economic loss due to the loss of employer superannuation contributions is the relevant percentage of the damages payable under that part for the deprivation or impairment of the earning capacity on which the entitlement is based.
- Section 56(2): the relevant percentage is the minimum percentage required by a written law to be paid on the employee's behalf as employer superannuation contributions. The Superannuation Guarantee legislation was not opened. The percentage stays blank until the lawyer supplies it.
- Section 5(3) does not keep section 56 for a work injury. Do not apply the cap unless the lawyer says chapter 3 applies.
- The tool does not calculate the loss of contributions. It shows the cap against the damages figure the lawyer accepts.
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 2003 (Qld) section 56 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 5 · 2026-10-23
Section 5(1) says this Act does not apply in deciding liability or awards of damages for personal injury if the harm is or includes an injury for which compensation is payable under the WorkCover Queensland Act 1996, other than an injury to which section 36(1)(c) or 37 of that Act applies, or under the Workers' Compensation and Rehabilitation Act 2003, other than an injury to which section 34(1)(c) or 35 of that Act applies, or a dust-related condition, or an injury from smoking or other use of tobacco products or exposure to tobacco smoke. Section 5(2) says it is immaterial whether compensation is claimed or whether the entitlement to seek damages is regulated under the relevant Act. Section 5(3) keeps this Act for deciding awards of section 59A damages for a dust-related condition or a tobacco injury. It does not keep the rest of the Act for a work injury. Sections 34 and 35 of the 2003 Act and sections 36 and 37 of the 1996 Act were not opened, so the content of those carve-outs is not described. The official reprint is current from 1 July 2024. Section text was read on AustLII.
Wage, tax and care records stay in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether a breach is notifiable under the Privacy Act 1988 (Cth).