Discount a Queensland future lump sum only at the rate the lawyer confirms
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set out the future loss the lawyer accepts and leave the discount rate blank until the lawyer confirms it. Do not insert a percentage, and do not write a schedule that will be filed or served.
- What the lawyer must review
- Section 57 is the chapter 3 provision, not section 61(3).
- Do not insert a percentage. Section 57 states none.
- Section 57 takes the prescribed discount rate for an award from section 61.
- Use only the rate that section states.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland lump sum for future loss or gratuitous services under Civil Liability Act section 57
Produce. A future-loss working in which the discount rate is blank until the lawyer confirms it.
Have ready. The future loss the lawyer accepts; The rate the lawyer confirms for the date of the award.
Example of the limit. Illustrative example: The working lists future weekly loss and leaves the rate blank. The lawyer does not accept a percentage the tool has offered, because the tool offers none.
Stop and hand it back when
- The draft inserts a percentage.
- It is not yet clear that chapter 3 applies.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Set out the future loss the lawyer accepts and leave the discount rate blank until the lawyer confirms it. Do not insert a percentage, and do 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
- Section 57: a lump sum for a future loss or gratuitous services must be the present value, calculated using the prescribed discount rate. The prescribed discount rate is defined by reference to Civil Proceedings Act 2011 section 61.
- Section 61(2) of that Act says section 61 does not apply to an award to which Civil Liability Act chapter 3 applies. Do not use section 61(3) as the chapter 3 calculator.
- Section 61(4) is the definition the lawyer reads: the rate prescribed under a regulation as in force when the award is made, or the fallback if none is prescribed. No prescribing regulation was opened. The tool does not insert a percentage.
- Apply this only if the lawyer says chapter 3 applies. Section 5 may take the injury outside the Act.
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 2003 (Qld) section 57 · 2026-10-23
- Civil Proceedings Act 2011 (Qld) section 61 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 5 · 2026-10-23
Section 5(1) says this Act does not apply in deciding liability or awards of damages for personal injury if the harm is or includes an injury for which compensation is payable under the WorkCover Queensland Act 1996, other than an injury to which section 36(1)(c) or 37 of that Act applies, or under the Workers' Compensation and Rehabilitation Act 2003, other than an injury to which section 34(1)(c) or 35 of that Act applies, or a dust-related condition, or an injury from smoking or other use of tobacco products or exposure to tobacco smoke. Section 5(2) says it is immaterial whether compensation is claimed or whether the entitlement to seek damages is regulated under the relevant Act. Section 5(3) keeps this Act for deciding awards of section 59A damages for a dust-related condition or a tobacco injury. It does not keep the rest of the Act for a work injury. Sections 34 and 35 of the 2003 Act and sections 36 and 37 of the 1996 Act were not opened, so the content of those carve-outs is not described. The official reprint is current from 1 July 2024. Section text was read on AustLII.
The AustLII link on section 57 points at Civil Liability Act section 61. The Civil Proceedings Act section was opened on its own page.