Set out the Queensland assumptions for future economic loss
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the earnings material the lawyer supplies, build an assumptions table for an award that cannot be precisely calculated. Where section 55 applies, the court must state the assumptions and the methodology. Do not choose either, and do not insert a discount rate.
- What the lawyer must review
- Decide the assumptions and the methodology, and whether an award can be supported
- Do not require a percentage possibility under section 55
- Apply the section 54 cap and confirm the discount rate under section 57
- Check section 5 before using chapter 3 on a work injury
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland award of personal injury damages to which Civil Liability Act 2003, section 55 applies
Produce. An assumptions table with the methodology and the discount rate left for the lawyer.
Have ready. Earnings and capacity material the lawyer supplies; The lawyer's assumptions, once given; Whether section 5 excludes chapter 3.
Example of the limit. Illustrative example: The draft inserts a 5 per cent discount because section 61(4) mentions 5 per cent. The lawyer removes it until the rate for this award is confirmed, because section 61(2) excepts a chapter 3 award.
Stop and hand it back when
- The claim may be outside the Act under section 5.
- The tool has inserted a weekly rate or a discount rate.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the earnings material the lawyer supplies, build an assumptions table for an award that cannot be precisely calculated. Where section 55 applies, the court must state the assumptions and the methodology. Do not choose either, and do not insert a discount rate. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 55 applies where loss of earnings cannot be precisely calculated by reference to a defined weekly loss. The court may award damages only if satisfied there is or will be loss, having regard to age, work history, actual loss, any permanent impairment and other relevant matters.
- Section 55(3) requires the court to state the assumptions and the methodology. It does not require a percentage possibility.
- Section 54(2) limits an award for loss of earnings to the present value of 3 times average weekly earnings per week for each week of the period of loss. The lawyer applies that limit.
- Section 57 requires present value at the prescribed discount rate, defined by reference to the Civil Proceedings Act 2011, section 61. Section 61(2) says section 61 does not apply to an award to which chapter 3 applies, and section 61(4) is the prescribed rate or 5 per cent if none is prescribed. The lawyer confirms which rate applies.
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 2003 (Qld) section 55 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 54 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 57 · 2026-10-23
- Civil Proceedings Act 2011 (Qld) section 61 · 2026-10-23
Section 55(4) applies the section 54(2) limit to an award under section 55.
Chapter 3 applies to personal injury damages subject to section 5. A work injury within section 5 is not assessed under section 55.
Do not put tax returns or wage records into a public tool. Apply ASCR r 9 and APP 11, and consider Privacy Act notification.