Cap Victorian weekly loss of earnings at three times average weekly earnings
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, apply three times Victorian average weekly earnings to each week only where the lawyer says Part VB applies, and leave the weekly dollar blank until the lawyer accepts the Statistician's figure. The tool does not write a schedule that will be filed or served.
- What the lawyer must review
- Decide whether Part VB applies before any weekly cap is used.
- Accept the Statistician's figure. Leave the dollar blank until you do.
- Do not use this cap on a transport-accident or workplace award that section 28C excludes.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: weekly cap on loss of earnings where Wrongs Act Part VB applies
Produce. A weekly cap note, with the dollar left blank until the lawyer accepts the Statistician's figure.
Have ready. The weeks the lawyer accepts; Whether the lawyer says Part VB applies; The Statistician's figure, if the lawyer has accepted one.
Example of the limit. Illustrative example: The lawyer says Part VB applies and has not yet accepted an earnings figure. The table caps each week at three times average weekly earnings and leaves the dollar blank.
Stop and hand it back when
- Part VB may not apply and the lawyer has not decided.
- The tool would print a dollar figure the lawyer has not accepted.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, apply three times Victorian average weekly earnings to each week only where the lawyer says Part VB applies, and leave the weekly dollar blank until the lawyer accepts the Statistician's figure. The tool 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
- Use section 28F only where the lawyer says Part VB applies to the award.
- The cap is three times average weekly earnings for each week, at the date of the award. Do not print a dollar the lawyer has not accepted.
- Average weekly earnings are the Statistician's estimate of average weekly total earnings of all employees in Victoria for the most recent reference period before the award that is available to the court, or the prescribed amount if the Statistician fails or ceases.
- Do not apply the cap to loss of expectation of financial support unless the lawyer says subsection (1)(c) is in the award.
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
- Wrongs Act 1958 (Vic) section 28F · 2026-10-23
- Wrongs Act 1958 (Vic) section 28C · 2026-10-23
Section 28F applies to an award of damages for past economic loss due to loss of earnings or the deprivation or impairment of earning capacity, for future economic loss due to the deprivation or impairment of earning capacity, and for the loss of expectation of financial support. The maximum for each week of the period of loss of earnings is three times average weekly earnings at the date of the award. That amount is the Australian Statistician's estimate of the average weekly total earnings of all employees in Victoria for the most recent reference period before the date of the award for which the estimate is available to the court, or, if the Statistician fails or ceases, the prescribed amount. No dollar figure was opened. Leave it blank.
Wrongs Act 1958 section 28C(2) leaves Part VB out of an award where the fault is an intentional act done with intent to cause death or injury, or sexual assault or other sexual misconduct; an award to which Transport Accident Act 1986 Part 3, 6 or 10 applies; an award to which Accident Compensation Act 1985 Part IV or Workplace Injury Rehabilitation and Compensation Act 2013 Part 7 applies; and an award to which the Workers Compensation Act 1958 applies. Other exclusions are on the section, including victims of crime assistance and a sum payable under a superannuation scheme or a life or other insurance policy. Section 28C(2A) leaves the Part out of assistance under the Victims of Crime (Financial Assistance Scheme) Act 2022. The lawyer decides whether Part VB applies. The tool does not.
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).