---
title: "Draft a Wrongs Act Part VB working schedule of damages"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/prepare-a-damages-or-statutory-entitlements-schedule/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-T1-R3-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Draft a Wrongs Act Part VB working schedule of damages

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/prepare-a-damages-or-statutory-entitlements-schedule/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | Victoria |
| Applies to | [Prepare a damages or statutory-entitlements schedule](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-a-damages-or-statutory-entitlements-schedule.md) |

## Checking plan

**Verify against sources**

The lawyer decides the heads and the current figures. The schedule is a working paper.

- What the AI does: 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 does: Decide the heads, the current varied maximum and the discount rate, and settle any schedule that is served.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. 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.
2. Leave the section 28I rate blank until the lawyer checks for a prescribed percentage. The fallback in the section is 5 per cent.
3. For gratuitous care, use section 28IA as written and section 28IB for the cap. Do not value the care in the draft.
4. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: Wrongs Act 1958 (Vic), Part VB personal injury damages

**Deliverable**: A working damages schedule with sources and gaps. Not the served schedule.

**Inputs**

- 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**: 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 escalate when**

- The schedule states the section 28G printed amount as the current cap.
- The claim is excluded by section 28C.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic), section 28C](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28c.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic), section 28F](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28f.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic), section 28G](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28g.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic), section 28H](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28h.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic), section 28I](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28i.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Schedule of damages for a personal injury claim](https://ailawframework.com/precedents/personal-injury-and-compensation/schedule-of-damages.md) | Court document | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/care-schedule.md) | Court document | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/economic-loss-workings.md) | Other | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/medicare-compensation-recovery-settlement-checklist.md) | Checklist | 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… |
| [Index for a personal-injury demand package](https://ailawframework.com/precedents/personal-injury-and-compensation/us-demand-package-index.md) | Checklist | Yellow | A contents list for a demand a lawyer sends after records are in. Every dollar on it has to come from a document in the package. It is not a statement of the law of damages. |
| [Victorian WorkSafe common law damages: steps on the public page](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-worksafe-common-law-steps.md) | Checklist | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-tac-impairment-application.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/special-damages-schedule.md) | Court document | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/dependency-calculation.md) | Court document | 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… |
| [Queensland notice of claim for damages: assembly checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-workcover-notice-of-claim-for-damages.md) | Checklist | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-tac-common-law-application.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/non-economic-loss-workings.md) | Other | 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)](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-pic-schedule-of-earnings.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/form-vic-worksafe-impairment-benefits.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ucpr-14-particulars.md) | Form | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/form-nsw-ucpr-15-compensation-to-relatives.md) | Form | 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.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*