Discount a New South Wales future lump sum at the rate the statute states
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where the lawyer names the statute, record whether a discount rate applies and leave the percentage blank until the lawyer confirms the prescribed rate. Do not insert 5 per cent as a default.
- What the lawyer must review
- Section 14 applies only where Part 2 of the Civil Liability Act applies
- Use 5 per cent only if no other rate is prescribed. Check the regulations before you do.
- Section 4.9 is limited to loss of earning capacity and loss of financial support
- Do not use either section for work injury damages
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A New South Wales damages assessment to which section 14 or section 4.9 may apply
Produce. A discount line with the percentage left blank.
Have ready. The Act and the head of loss; Whether the lawyer has found a prescribed percentage; The lump sum the lawyer has accepted, if any.
Example of the limit. Illustrative example: The future loss is treatment on a public-liability claim. The line records that section 14 can apply to future economic loss of any kind, and it leaves the percentage blank.
Stop and hand it back when
- The head is work injury damages.
- The tool would insert 5 per cent before the lawyer has checked the regulations.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Civil Liability Act section 14 discounts a lump sum for future economic loss of any kind at the percentage prescribed by the regulations, or 5 per cent if none is prescribed.
- Section 14 is in Part 2. It does not apply to a Part 4 award under the Motor Accident Injuries Act 2017 or to work injury damages.
- Motor Accident Injuries Act section 4.9 adopts the prescribed rate, or 5 per cent if none is prescribed, only for future economic loss referable to deprivation or impairment of earning capacity, or to loss of expectation of financial support.
- Section 4.9(3) leaves other discounting law in place. Do not use section 4.9 for a head that is not one of those two.
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. |
| 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), in force from 30 July 2026, sections 3B and 14 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW), in force from 10 July 2026, section 4.9 · 2026-10-23
No regulation prescribing another percentage was opened. The lawyer checks the regulations before 5 per cent is used.
Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).