Discount Queensland future treatment only at the confirmed rate
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List future treatment, medication and equipment from the costs the lawyer accepts, and leave the section 57 discount rate blank until the lawyer confirms it. Do not write a schedule that will be filed or served.
- What the lawyer must review
- Use only costs the lawyer accepts
- Leave the discount rate blank
- Section 52B may bar a participant's treatment damages
- Health and wage records stay in a firm-controlled tool. Check ASCR r 9, APP 11 and Privacy Act notification
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland future treatment, medication and equipment in a personal injury award
Produce. A list of future treatment costs the lawyer accepts, with the discount rate blank until the lawyer confirms it.
Have ready. The treatment, medication and equipment costs the lawyer accepts; The rate the lawyer confirms, and whether section 5 or section 52B is in play.
Example of the limit. Illustrative example: The list totals the future medication cost the lawyer accepted and leaves the discount rate blank. It does not add a percentage.
Stop and hand it back when
- The draft inserts a discount percentage.
- Treatment damages are included for a scheme participant before the lawyer has considered section 52B.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List future treatment, medication and equipment from the costs the lawyer accepts, and leave the section 57 discount rate blank until the lawyer confirms it. 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
- Each item is the treatment, medication or equipment the lawyer accepts, with the cost and the period the lawyer states.
- Section 57 requires a lump sum for a future loss to be the present value at the prescribed discount rate. The same rate caution applies as for other future loss: section 61(2) of the Civil Proceedings Act 2011 takes section 61 out of a chapter 3 award, no prescribing regulation was opened, and the tool does not insert a percentage.
- If the lawyer says the person is a National Injury Insurance Scheme participant, flag section 52B before treatment, care and support damages are included. Section 52C was not opened.
- If the lawyer says section 5 takes the Act out of deciding liability or awards of damages, do not apply section 57. Keep the list of costs the lawyer accepts.
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 2003 (Qld) section 57 · 2026-10-23
- Civil Proceedings Act 2011 (Qld) section 61 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 52B · 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.
Wage, tax and care records stay in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether a breach is notifiable under the Privacy Act 1988 (Cth).