Draft a Wrongs Act Part VB working schedule of damages
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the payroll, tax, care and treatment material the lawyer supplies, draft a working schedule with a source column and a gaps column. The tool does not apply a cap or decide the heads of loss.
- What the lawyer must review
- Confirm Part VB applies. Section 28C excludes transport-accident Parts 3, 6 and 10, and workplace Part 7.
- Require a significant injury for non-economic loss. Vary the section 28G amount each financial year under section 28H.
- For future loss, use the section 28I discount and the section 28F cap of three times average weekly earnings a week.
- The lawyer decides the heads, the varied amount and the rate. Do not treat the schedule as the claim.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Wrongs Act 1958 (Vic), Part VB personal injury damages
Produce. A working damages schedule with sources and gaps. Not the served schedule.
Have ready. Payroll, tax, care and treatment records selected by the lawyer; Whether Part VB and Part VBA apply; The lawyer's current indexed non-economic loss amount and discount check.
Example of the limit. Illustrative example: The draft lists past earnings with pay slips and leaves future loss blank because no rate has been confirmed. It does not print a non-economic loss figure. The lawyer adds the varied section 28H amount only after checking it.
Stop and hand it back when
- The schedule states the section 28G printed amount as the current cap.
- The claim is excluded by section 28C.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the payroll, tax, care and treatment material the lawyer supplies, draft a working schedule with a source column and a gaps column. The tool does not apply a cap or decide the heads of loss. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not insert the figure printed in section 28G as the current maximum. Section 28H varies it for the financial year beginning 1 July 2016 and each later financial year.
- Leave the section 28I rate blank until the lawyer checks for a prescribed percentage. The fallback in the section is 5 per cent.
- For gratuitous care, use section 28IA as written and section 28IB for the cap. Do not value the care in the draft.
- Keep non-economic loss off the schedule unless the lawyer has dealt with the Part VBA significant-injury gateway. Part VBA has its own exclusions in section 28LC.
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
- Wrongs Act 1958 (Vic), section 28C · 2026-10-23
- Wrongs Act 1958 (Vic), section 28F · 2026-10-23
- Wrongs Act 1958 (Vic), section 28G · 2026-10-23
- Wrongs Act 1958 (Vic), section 28H · 2026-10-23
- Wrongs Act 1958 (Vic), section 28I · 2026-10-23
A transport-accident common-law claim and a workplace damages claim are not Part VB schedules. They were not given Part VB figures.
Keep wage and medical records in a firm-controlled tool. SC Gen 25 warns against putting confidential information into a public tool.
Keep health, wage and scheme records in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether any breach is notifiable under the Privacy Act 1988 (Cth).