Build a Queensland damages schedule from the source columns
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the payroll, tax, care and medical material the lawyer supplies, draft a working schedule with a source column and a gap column. Where chapter 3 applies, leave the injury scale value, the general-damages amount and the discount rate blank. Do not value the claim.
- What the lawyer must review
- Choose the heads, the injury scale value and any discount rate
- General damages follow sections 61 and 62 and the current regulation
- Check section 5 before using chapter 3
- Weekly compensation is a different schedule
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland award of personal injury damages, or a workers' compensation entitlement kept on a separate schedule
Produce. A working schedule with source columns, and the injury scale value, general-damages dollars and discount rate left blank.
Have ready. Payroll, tax, care and medical material the lawyer supplies; Whether section 5 takes the Act out of deciding liability or awards; The year the injury arose, so the lawyer can find the section 75 notice.
Example of the limit. Illustrative example: The draft inserts an injury scale value of 10 and a dollar amount for general damages. The lawyer clears both until the value is assessed and the section 75 notice for the year of the injury is applied.
Stop and hand it back when
- The claim may be outside the Act under section 5.
- The draft contains an injury scale value, a general-damages dollar amount, or a discount rate.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the payroll, tax, care and medical material the lawyer supplies, draft a working schedule with a source column and a gap column. Where chapter 3 applies, leave the injury scale value, the general-damages amount and the discount rate blank. Do not value the claim. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 50: subject to section 5, chapter 3 applies only to an award of personal injury damages. Section 5 takes the Act out for an injury for which compensation is payable under the Workers' Compensation and Rehabilitation Act 2003, other than an injury to which section 34(1)(c) or 35 of that Act applies, and for a dust-related condition, and for an injury from smoking or other tobacco use or exposure. Whether compensation is actually claimed, and whether damages are regulated under that Act, is immaterial. Sections 34(1)(c) and 35 were not opened. The lawyer decides whether section 5 applies. If it does, do not use the injury scale or section 59.
- Section 61, for an injury arising after 1 December 2002: the court assesses an injury scale value from 0 to 100 under the regulation and having regard to values given to similar injuries. The scale includes a case not severe enough to justify any award. If the value is outside the range for similar injuries, section 61(2) requires the court to state the factors. The tool does not choose the value.
- Section 62: general damages are any base amount plus the variable amount fixed by a section 75 notice for the period in which the injury arose. Section 75 was not opened. Do not insert a dollar figure. Civil Liability Regulation 2025 section 5 and schedules 2 to 5 are the section 61 rules. The in-force reprint is current from 1 October 2025, and the regulation commenced on 1 September 2025. For multiple injuries, schedule 2 starts with the dominant-injury range. If the maximum dominant value is inadequate, the assessment may be higher, must not exceed 100, and should rarely be more than 25 per cent above that maximum. An increase of more than 25 per cent needs detailed written reasons. The value must be a whole number. Whole person impairment is an important consideration and not the only one. Greater weight goes to an assessment based on AMA 5. A mental disorder uses the psychiatric impairment rating scale in the regulation. Do not copy a numerical range out of schedule 3.
- Section 54 limits loss of earnings, including in a dependency claim, to a maximum equal to the present value of 3 times average weekly earnings per week for each week of the period. Present value means the value when the award is made. Section 55, where earnings cannot be precisely calculated by reference to a defined weekly loss, requires the court to state the assumptions and the methodology if it awards damages. It does not require a percentage. Section 57 leaves the discount rate for the lawyer to confirm. Section 59 does not award damages for gratuitous services provided to an injured person unless the services are necessary, the need arises solely out of the injury, and the services are provided for at least 6 hours a week and for at least 6 months. Section 52B: for a motor accident, a court cannot award damages for treatment, care and support needs that result from the injury and arise while the person is or was a participant in the National Injury Insurance Scheme, subject to section 52C, which was not opened.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Schedule of damages for a personal injury claim | Court document | AI use Yellow | Heads of damage for a plaintiff claim, with the Victorian, Queensland and New South Wales limits, in a form that can be adapted to a Queensland statement of loss and damage. |
| Care schedule: gratuitous and paid care | Court document | AI use Yellow | A schedule of care given because of an injury, with the hours, duration and rate tests in Victoria, Queensland and New South Wales, and a separate section for loss of capacity to care for dependants. |
| Economic loss workings: past, future and superannuation | Other | AI use Yellow | Workings for loss of earning capacity, the three-times earnings cap, the discount rate, superannuation at the rate for each period, and tax on weekly payments that must be repaid gross. |
| Medicare compensation recovery checklist before settling a personal injury claim | Checklist | AI use Yellow | Checklist for Medicare compensation recovery when a personal injury claim settles or goes to judgment: the $5,000 threshold, the notice of past benefits (form MO026), the payer's 28-day notice, and no release of money to the client until the Commonwealth is paid. |
| Victorian WorkSafe common law damages: steps on the public page | Checklist | AI use Yellow | The steps WorkSafe Victoria publishes for a common law damages application, including the 120-day response and the 21-day and 51-day window after a statutory counter offer. |
| TAC impairment application form (Impairment Assessment Protocols 2026): completion guide | Form | AI use Yellow | Guide to the TAC form lawyers use to request an impairment assessment under Part 3 of the Transport Accident Act 1986 and the Impairment Assessment Protocols 2026. |
| Special damages and out-of-pocket expenses schedule | Court document | AI use Yellow | A schedule of treatment, travel and other expenses already incurred, with columns for invoices, Medicare benefits and interest on past amounts. |
| Dependency calculation after a wrongful death | Court document | AI use Yellow | A calculation of each dependant's loss of financial support after a wrongful death, with the classes of claimant in Victoria, Queensland and New South Wales, and the funeral head where the statute provides for it. |
| Queensland notice of claim for damages: assembly checklist | Checklist | AI use Yellow | Checklist for assembling a notice of claim for damages under section 275 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) before a proceeding is started. |
| TAC common law application form (Common Law Protocol 2026): completion guide | Form | AI use Yellow | Guide to the TAC form used after a proactive or fast track serious injury grant, which must be sent before a common law conference is arranged. |
| Non-economic loss workings | Other | AI use Yellow | Workings for pain and suffering and loss of amenities: the Victorian threshold and gazetted cap, the Queensland injury scale for 2026–27, and the New South Wales proportion of a most extreme case. |
| Motor accidents schedule of earnings (Personal Injury Commission) | Form | AI use Yellow | Link to the Motor Accidents Division approved schedule of earnings for a merit review, with the weekly-benefit periods and the earnings columns the form sets out. |
| WorkSafe worker's claim for impairment benefits: completion guide | Form | AI use Yellow | Link to the WorkSafe form a worker uses to claim compensation for permanent impairment from a work injury, which the claims manual treats as a non-economic loss claim. |
| UCPR Form 14: statement of particulars in personal injury proceedings | Form | AI use Red | Link to UCPR Form 14 version 2, the statement of particulars for personal injury proceedings, covering injuries, expenses, care and economic loss. |
| UCPR Form 15: statement of particulars, compensation to relatives | Form | AI use Red | Link to UCPR Form 15 version 2, the statement of particulars for compensation to relatives proceedings, including dependency and the people for whom the claim is brought. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Civil Liability Act 2003 (Qld) section 61 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 62 · 2026-10-23
- Civil Liability Regulation 2025 (Qld), in-force reprint · 2026-10-23
- Civil Liability Act 2003 (Qld) section 5 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 50 · 2026-10-23
Section 56 was not opened. Do not add a superannuation amount from it.
Do not describe an injury scale value below a stated number as a bar to general damages. Section 61(1)(b) includes a case in which the injury is not severe enough to justify any award.
Wage, tax and care records stay in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider Privacy Act notification.