---
title: "Set out the section 13 assumptions for future economic loss in New South Wales"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-assumptions-required-for-future-economic-loss/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-9-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Set out the section 13 assumptions for future economic loss in New South Wales

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-assumptions-required-for-future-economic-loss/new-south-wales  
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 | 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 |
| Written for | New South Wales |
| Applies to | [Set out the assumptions required for future economic loss](https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-assumptions-required-for-future-economic-loss.md) |

## Checking plan

**Verify against sources**

The table sets out the section 13 questions only where Part 2 applies. The lawyer chooses the assumptions and the percentage.

- What the AI does: 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 does: Decide the most likely circumstances, the percentage, and whether Part 2 applies.
- 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. 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.
2. Section 13(2): adjust the amount by the percentage possibility that the events might have occurred but for the injury.
3. Section 13(3): if an award is made, the assumptions and the percentage must be stated. Leave both blank until the lawyer decides them.
4. 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.
5. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: A New South Wales damages claim to which Part 2 of the Civil Liability Act 2002 applies

**Deliverable**: An assumptions table for future economic loss, with the percentage and any present value left blank.

**Inputs**

- 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**: 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 escalate when**

- Part 2 of the Civil Liability Act 2002 does not apply.
- The percentage would be filled without the lawyer's decision.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B, 12, 13 and 14](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2002-022) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW), Part 4, read with Civil Liability Act section 3B(1)(e1)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2017-010) (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. |
| [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. |
| [Letter of instruction to a forensic accountant](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-forensic-accountant.md) | Letter | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-vocational-assessor.md) | Letter | 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](https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-actuary-on-future-loss.md) | Letter | 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.

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