Cap weekly loss of earnings at three times average weekly earnings
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the weekly loss and the average weekly earnings figure the lawyer has accepted, the firm-controlled tool shows the amount the statutory cap would cut and leaves the cell blank if either figure is missing. It does not write a schedule that will be filed or served.
- What the lawyer must review
- You supply the average weekly earnings figure the section uses at the date of the award.
- You decide whether the cap applies, including where a scheme Act shuts it out.
- Use a firm-controlled tool. Wage, tax and care records are confidential under ASCR r 9 and APP 11.
- Decide whether a breach would be notifiable under the Privacy Act 1988 (Cth).
Open a jurisdiction version of this task to see which instruments apply: VICNSWQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | From the weekly loss and the average weekly earnings figure the lawyer has accepted, the firm-controlled tool shows the amount the statutory cap would cut and leaves the cell blank if either figure is missing. 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
- Confirm the claim is one to which the cap section applies, and is not a scheme award the section leaves out.
- Use the earnings measure the section names, for the period the section names, and do not reuse another state's figure.
- Apply the cap to gross weekly earnings in New South Wales, to each week of loss in Victoria, and as a present-value limit in Queensland.
- Leave the dollar blank where the lawyer has not accepted the statistician's figure.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Victoria Wrongs Act caps worksheet | Other | AI use Yellow | Worksheet for the Wrongs Act 1958 (Vic) limits that were opened: the earnings cap, the indexed non-economic loss maximum, the discount rate, and the gratuitous care limits. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Civil Liability Act 2002 (NSW) s 12 · 2026-10-23
- Civil Liability Act 2002 (NSW) s 3B · 2026-10-23
- Wrongs Act 1958 (Vic) s 28F · 2026-10-23
- Wrongs Act 1958 (Vic) s 28C · 2026-10-23
- Civil Liability Act 2003 (Qld) s 54 · 2026-10-23
- Civil Liability Act 2003 (Qld) sch 2 · 2026-10-23
- Victoria Government Gazette No. S 363, 30 June 2026 · 2026-10-23
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
If a figure is copied into a document filed in court, the lawyer checks that court's generative-AI practice note. The opened notes are the New South Wales Supreme Court page for Practice Note SC Gen 23, the Victorian Supreme Court news page for Practice Note SC Gen 25, and the Law Society of NSW court-protocols page. The practice-direction PDFs were not opened.