Other · Personal Injury & Compensation

Economic loss workings: past, future and superannuation

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.

Kind: Other. A precedent that fits none of the other kinds.
Where it applies: Victoria, Queensland, New South Wales
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the 7 authorities it cites, for Victoria, Queensland and New South Wales.
Version: 1
Source: Written for this library

When to use it

Use when a plaintiff firm calculates past or future loss of earning capacity for a personal injury or dependency claim. The adopted totals are copied into the schedule of damages. The workings themselves stay on the file unless the lawyer decides to serve them.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool may set out the weekly net loss, the cap test and the superannuation arithmetic from wage records and assumptions the lawyer supplies, and it must not choose the assumptions.

AI may

Build a week-by-week or period table of likely net earnings but for the injury, earnings received, and the difference, from payslips the lawyer has accepted
Apply the superannuation percentage from the ATO table for each past period the lawyer identifies, and show the multiplication
Test each week against three times the average weekly earnings figure the lawyer supplies, and flag a week that exceeds it

AI must not

Must not choose the most likely future circumstances, the percentage possibility, the retirement age or the residual capacity
Must not apply one superannuation percentage to every year, or use 12 per cent for a period when the ATO table shows a lower rate
Must not state a discount rate other than the default the section states, unless the lawyer has supplied the prescribed rate
Must not treat the tax on repayable weekly payments as recoverable unless the lawyer confirms the repayment is of the gross sum

The lawyer checks

State the assumptions in the words s 13 (NSW) or s 55 (Qld) requires, where that section applies, including the percentage possibility in New South Wales
Confirm the earnings cap uses the wage series that section names, for that State, at the date required by the section
Check the repayment clause or statute before adding tax paid on statutory weekly payments
Payslips and tax records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth)

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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The summary, the law it rests on and the AI-use guidance above stay public. Privacy.

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