Record Victorian loss of employer superannuation without a statutory formula
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, list the employer contributions the lawyer accepts as lost, and record that the opened Wrongs Act table has no section calculating damages for those contributions. The tool does not apply a percentage, and it does not write a schedule that will be filed or served.
- What the lawyer must review
- Decide whether lost employer contributions are recoverable, and set any figure yourself.
- Do not insert a superannuation percentage. No section in this note states one.
- Do not treat section 28C(2)(m) as a formula for lost contributions.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: loss of employer superannuation contributions, with no opened formula
Produce. A list of the contributions the lawyer accepts, with the award figure left blank.
Have ready. Contribution records the lawyer accepts; The lawyer's decision on whether Part VB applies.
Example of the limit. Illustrative example: The payslips show an employer contribution each week. The list records those amounts and leaves the damages figure blank. It does not apply a percentage.
Stop and hand it back when
- The tool would apply a superannuation percentage.
- The tool would write a schedule that is filed.
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 employer contributions the lawyer accepts as lost, and record that the opened Wrongs Act table has no section calculating damages for those contributions. The tool does not apply a percentage, 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
- Do not apply a statutory percentage. No percentage was opened.
- Section 28C(2)(m) excludes a sum payable under a superannuation scheme from Part VB. It is not a formula for lost contributions.
- Where the lawyer says Part VB applies to loss of earnings, section 28F still caps each week of that loss. Do not put contributions inside the cap unless the lawyer says so.
- Do not import a formula from another state.
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
- Wrongs Act 1958 (Vic) table of provisions · 2026-10-23
- Wrongs Act 1958 (Vic) section 28C · 2026-10-23
- Wrongs Act 1958 (Vic) section 28F · 2026-10-23
The opened table of provisions of the Wrongs Act 1958 has no heading for damages for loss of employer superannuation contributions. Section 28C(2)(m) excludes from Part VB a sum payable under a superannuation scheme or any life or other insurance policy. That is an exclusion of an award, not a formula for the value of contributions the employer would have made.
No superannuation guarantee percentage was opened. The tool lists the contributions the lawyer accepts and leaves the award figure blank. Where Part VB applies, section 28F caps each week of the period of loss of earnings. The lawyer decides whether lost contributions are inside that cap.
Keep health, wage and scheme records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).