---
title: "Special damages and out-of-pocket expenses schedule"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/special-damages-schedule"
type: "precedent"
site: "AI Law Framework"
id: "a21-special-damages-schedule"
area_id: "A21"
kind: "court-document"
ai_level: "yellow"
version: 1
task_ids: ["A21-T1-R3", "A21-W20261018-1"]
law_stated_as_at: "2026-10-23"
---

# Special damages and out-of-pocket expenses schedule

> A schedule of treatment, travel and other expenses already incurred, with columns for invoices, Medicare benefits and interest on past amounts.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/special-damages-schedule  
Law stated as at: 2026-10-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Court document. A document filed or served in a court or tribunal.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: Victoria, Queensland, New South Wales
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the 4 authorities it cites, for Victoria, Queensland and New South Wales.

## When to use it

Use when a plaintiff firm lists expenses incurred because of an injury, including treatment, travel, medication and aids. Use it with the Medicare notice of past benefits before a settlement figure is adopted. Future treatment belongs in the care schedule, not in this list.

## Used for these tasks

- [Prepare a damages or statutory-entitlements schedule](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-a-damages-or-statutory-entitlements-schedule.md)
- [Notify Medicare of a judgment or settlement and track the clearance](https://ailawframework.com/practice/personal-injury-and-compensation/notify-medicare-of-a-judgment-or-settlement-and-track-the-clearance.md)

## How AI may be used

The tool may list invoices, dates and amounts from the records the lawyer supplies, and it must not treat a Medicare benefit or an insurer payment as money the claimant has lost twice.

**AI may:**

- Build one row per invoice or receipt, with the provider, date, amount and document reference
- Reconcile the rows with a Medicare notice of past benefits the lawyer has supplied, and flag a benefit that matches an invoice already listed
- Add the unpaid rows and show a separate column for amounts already paid by an insurer, a health fund or the claimant

**AI must not:**

- Must not request a Medicare notice, contact Services Australia, or deduct a refund the lawyer has not instructed
- Must not invent a gap between an invoice and a benefit
- Must not calculate interest unless the lawyer has stated the rate, the statute and the period
- Must not include future treatment in this schedule

**The lawyer checks:**

- Confirm each row was incurred because of the injury, and that the document is in the file
- In Queensland, r 547(3)(a) requires the documents in the plaintiff's possession or control to be identified. List them
- Read the Medicare notice before a settlement sum is adopted. The Services Australia page says the total on the notice is the amount to be recovered from the compensation
- Clinical invoices are health information. Keep them in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth)

## Authorities

- [Uniform Civil Procedure Rules 1999 (Qld) r 547(3)(a) (out-of-pocket expenses and the documents about them)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s547.html)
- [Services Australia, Notice of past benefits for Medicare compensation recovery, printed 23 October 2026](https://www.servicesaustralia.gov.au/notice-past-benefits-for-medicare-compensation-recovery?context=21996)
- [Civil Proceedings Act 2011 (Qld) s 58 (interest up to judgment)](https://classic.austlii.edu.au/au/legis/qld/consol_act/cpa2011175/s58.html)
- [Civil Procedure Act 2005 (NSW) s 100 (interest up to judgment)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/s100.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/special-damages-schedule and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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