Schedule future treatment only where the New South Wales statute allows it
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List future treatment, medication and equipment the lawyer has costed, and mark whether that head can be damages under the Act the lawyer names. Leave every present value blank.
- What the lawyer must review
- Where Part 2 applies, section 14 can discount future economic loss of any kind
- Section 4.5 does not list treatment and care as economic-loss damages
- Work injury damages under section 151G are past and future loss of earnings only
- Do not insert 5 per cent until you have the prescribed rate.
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 schedule for future costs
Produce. A treatment list marked allowed or not allowed, with present value left blank.
Have ready. The future costs the lawyer has costed; The Act the lawyer has named; Any prescribed rate the lawyer has confirmed.
Example of the limit. Illustrative example: Future surgery is listed on a work injury damages claim. The row is marked as outside section 151G. No present value is calculated.
Stop and hand it back when
- The Act has not been named.
- The output would be served as a schedule of damages.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List future treatment, medication and equipment the lawyer has costed, and mark whether that head can be damages under the Act the lawyer names. Leave every present value blank. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Where the Civil Liability Act Part 2 applies, section 14 can discount a lump sum for future economic loss of any kind. The percentage is the prescribed rate, or 5 per cent only if none is prescribed.
- Motor Accident Injuries Act section 4.5 limits economic-loss damages to loss of earnings or earning capacity, prescribed accommodation or travel that is not the cost of treatment and care, the cost of financial management, and reimbursement of tax on benefits that must be repaid. The regulations prescribing accommodation or travel were not opened.
- Section 4.9's discount applies to future loss of earning capacity and loss of expectation of financial support. It is not a discount for treatment.
- Workers Compensation Act section 151G allows only past economic loss due to loss of earnings and future economic loss due to deprivation or impairment of earning capacity. It does not apply to a Compensation to Relatives Act 1897 action.
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. |
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, sections 4.5 and 4.9 · 2026-10-23
- Workers Compensation Act 1987 (NSW), in force from 1 October 2026, section 151G · 2026-10-23
Do not move treatment into a Motor Accident Injuries Act or work-injury damages schedule.
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).