--- title: "Cap weekly loss of earnings at three times average weekly earnings" url: "https://ailawframework.com/practice/personal-injury-and-compensation/cap-weekly-loss-of-earnings-at-three-times-average-weekly-earnings" type: "task" site: "AI Law Framework" id: "A21-DM20261023-1" practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)" tier: "yellow" lawyer_review: "required" last_reviewed: "2026-10-25" --- # Cap weekly loss of earnings at three times average weekly earnings > 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.… Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/cap-weekly-loss-of-earnings-at-three-times-average-weekly-earnings 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 | 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). | | Written for / versions | 3 jurisdiction versions below | ## Checking plan **Source-by-source verification** Check the cap against the section that applies to this claim, and against the earnings figure the lawyer supplies. - What the AI does: 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 does: 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). - Who reviews: Responsible lawyer with competence in the matter - Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification. - Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive. - Restriction: The lawyer sets the rates, hours, percentages and net weekly loss. The tool shows arithmetic only from figures the lawyer has accepted. ## Checks the lawyer makes 1. Confirm the claim is one to which the cap section applies, and is not a scheme award the section leaves out. 2. Use the earnings measure the section names, for the period the section names, and do not reuse another state's figure. 3. 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. 4. Leave the dollar blank where the lawyer has not accepted the statistician's figure. ## Notes - 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. ## Sources - [Civil Liability Act 2002 (NSW) s 12](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s12.html) (checked 2026-10-23) - [Civil Liability Act 2002 (NSW) s 3B](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s3b.html) (checked 2026-10-23) - [Wrongs Act 1958 (Vic) s 28F](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28f.html) (checked 2026-10-23) - [Wrongs Act 1958 (Vic) s 28C](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28c.html) (checked 2026-10-23) - [Civil Liability Act 2003 (Qld) s 54](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s54.html) (checked 2026-10-23) - [Civil Liability Act 2003 (Qld) sch 2](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/sch2.html) (checked 2026-10-23) - [Victoria Government Gazette No. S 363, 30 June 2026](https://www.gazette.vic.gov.au/gazette/Gazettes2026/GG2026S363.pdf) (checked 2026-10-23) ## Forms and precedents for this task | Form or precedent | Kind | AI level | Summary | | --- | --- | --- | --- | | [Victoria Wrongs Act caps worksheet](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-wrongs-caps-worksheet.md) | Other | 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. No indexed dollar is typed. | Signed-in accounts can read the full text of each one. ## Jurisdiction versions | Jurisdiction | Level | | --- | --- | | [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/cap-weekly-loss-of-earnings-at-three-times-average-weekly-earnings/victoria.md) | Yellow | | [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/cap-weekly-loss-of-earnings-at-three-times-average-weekly-earnings/new-south-wales.md) | Yellow | | [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/cap-weekly-loss-of-earnings-at-three-times-average-weekly-earnings/queensland.md) | Yellow | *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*