---
title: "Record Victorian loss of employer superannuation without a statutory formula"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DM20261023-6-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Record Victorian loss of employer superannuation without a statutory formula

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions/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 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. |
| Written for | Victoria |
| Applies to | [Calculate loss of employer superannuation contributions](https://ailawframework.com/practice/personal-injury-and-compensation/calculate-loss-of-employer-superannuation-contributions.md) |

## Checking plan

**Verify against sources**

The lawyer sets the figure. No Victorian formula for lost employer superannuation contributions was opened.

- What the AI does: 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 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. Do not apply a statutory percentage. No percentage was opened.
2. Section 28C(2)(m) excludes a sum payable under a superannuation scheme from Part VB. It is not a formula for lost contributions.
3. 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.
4. Do not import a formula from another state.

## Notes

- 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).

## Practical guide

Jurisdiction: Victoria: loss of employer superannuation contributions, with no opened formula

**Deliverable**: A list of the contributions the lawyer accepts, with the award figure left blank.

**Inputs**

- Contribution records the lawyer accepts
- The lawyer's decision on whether Part VB applies

**Example**: 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 escalate when**

- The tool would apply a superannuation percentage.
- The tool would write a schedule that is filed.

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)
- [Wrongs Act 1958 (Vic) section 28F](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28f.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Letter of instruction to an actuary on future loss](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-actuary-on-future-loss.md) | Letter | 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.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*