Set out the section 13 assumptions for future economic loss in New South Wales
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where the lawyer says Part 2 of the Civil Liability Act 2002 applies, list the possible future circumstances but for the injury and leave the percentage possibility blank. Do not calculate a present value.
- What the lawyer must review
- Decide the most likely future circumstances but for the injury, and the percentage possibility
- If an award is made, section 13(3) requires the assumptions and the percentage to be stated
- Section 13 is in Part 2. It does not apply to a Motor Accident Injuries Act damages award
- Use 5% under section 14 only if no other discount rate is prescribed. Check the regulations
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 claim to which Part 2 of the Civil Liability Act 2002 applies
Produce. An assumptions table for future economic loss, with the percentage and any present value left blank.
Have ready. The earning history the lawyer has accepted; The lawyer's decision on whether Part 2 applies; Any competing future circumstances already on the file.
Example of the limit. Illustrative example: The file leaves open a return to the pre-injury role and a lesser role. The table lists both and leaves the percentage blank. It does not pick the most likely circumstance.
Stop and hand it back when
- Part 2 of the Civil Liability Act 2002 does not apply.
- The percentage would be filled without the lawyer's decision.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Where the lawyer says Part 2 of the Civil Liability Act 2002 applies, list the possible future circumstances but for the injury and leave the percentage possibility blank. Do not calculate a present value. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 13(1): no award for future economic loss unless the assumptions accord with the claimant's most likely future circumstances but for the injury.
- Section 13(2): adjust the amount by the percentage possibility that the events might have occurred but for the injury.
- Section 13(3): if an award is made, the assumptions and the percentage must be stated. Leave both blank until the lawyer decides them.
- Section 14 adopts the discount rate prescribed by the regulations, or 5% if no percentage is prescribed. The Civil Liability Regulation was not opened. Do not insert 5% until the lawyer confirms that no other rate is prescribed.
- Do not use section 13 for an award under Part 4 of the Motor Accident Injuries Act 2017, or for work injury damages. Section 3B takes Part 2 off those awards.
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. |
| 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. |
| Letter of instruction to a forensic accountant | Letter | AI use Yellow | Letter asking a forensic accountant to calculate past and future loss of earning capacity on stated assumptions, with the discount rate, percentage and superannuation rate left for the lawyer. |
| Letter of instruction to a vocational assessor | Letter | AI use Yellow | Letter asking a vocational assessor for realistic occupations, hours and sourced earnings, without a diagnosis, an impairment score or a valuation. |
| 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, 12, 13 and 14 · 2026-10-23
- Motor Accident Injuries Act 2017 (NSW), Part 4, read with Civil Liability Act section 3B(1)(e1) · 2026-10-23
Where Part 2 applies, section 12 requires the court to disregard gross weekly earnings above 3 times the average weekly total earnings of all employees in New South Wales at the date of the award. The current figure was not opened. Leave the cap blank.
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).