---
title: "Set out the Wrongs Act discount for future economic loss"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-assumptions-required-for-future-economic-loss/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-9-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Set out the Wrongs Act discount for future economic loss

> From the earnings material the lawyer supplies, build an assumptions table and leave the discount rate blank. The tool does not choose the assumptions or calculate a present value.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-assumptions-required-for-future-economic-loss/victoria  
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 | From the earnings material the lawyer supplies, build an assumptions table and leave the discount rate blank. The tool does not choose the assumptions or calculate a present value. |
| What the lawyer must review | Confirm Part VB applies. Section 28C excludes transport-accident Parts 3, 6 and 10, and workplace Part 7. Use the section 28I percentage the regulations prescribe, or 5 per cent if no percentage is prescribed. Apply section 28F: each week of loss of earnings at three times average weekly earnings at the date of the award. The lawyer chooses the assumptions and the rate. The discount-rate regulations were not opened. |
| Written for | Victoria |
| 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 lawyer sets the assumptions and confirms the discount rate before any present value is used.

- What the AI does: From the earnings material the lawyer supplies, build an assumptions table and leave the discount rate blank. The tool does not choose the assumptions or calculate a present value.
- What the lawyer does: Choose the assumptions, confirm the rate, and write any schedule or submission.
- 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. Use section 28I only for a lump sum component of economic loss referable to the future.
2. Leave the rate blank until the lawyer checks whether regulations prescribe a percentage. If none is prescribed, the section states 5 per cent.
3. Do not add a requirement to state a percentage possibility. No section opened for this task says that.
4. Apply the section 28F weekly cap separately. It uses average weekly total earnings of all employees in Victoria for the most recent reference period available to the court.

## Notes

- Section 28I(3) says that, except as that section provides, other law on discounting damages is not affected.
- Part VB does not apply to the transport-accident and workplace awards excluded by section 28C.
- Keep health, wage and scheme records in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether any breach is notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Wrongs Act 1958 (Vic), Part VB future economic loss

**Deliverable**: An assumptions table with the discount rate left blank for the lawyer.

**Inputs**

- Earnings and capacity material supplied by the lawyer
- Whether Part VB applies
- The lawyer's check of any prescribed discount percentage

**Example**: Illustrative example: The table lists the lawyer's earnings assumption and a blank rate. It does not multiply out a present value. The lawyer checks the regulations and then decides whether the fallback in section 28I(2)(b) is the rate to use.

**Stop and escalate when**

- The table inserts 5 per cent without the lawyer having checked for a prescribed percentage.
- The award is excluded by section 28C.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic), section 28I](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28i.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic), section 28F](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28f.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic), section 28C](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28c.html) (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.*