Other · Personal Injury & Compensation

Victoria Wrongs Act caps worksheet

Worksheet for the Wrongs Act 1958 (Vic) limits that were opened: the earnings cap, the indexed non-economic loss maximum, the discount rate, and the gratuitous care limits. No indexed dollar is typed.

Kind: Other. A precedent that fits none of the other kinds.
Where it applies: Victoria
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 3 authorities it cites, for Victoria.
Version: 1
Source: Written for this library

When to use it

Use when a Victorian personal injury award may be under Part VB of the Wrongs Act 1958. The lawyer confirms the Part applies and inserts each indexed figure from the source the section names.

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 applies the statutory tests and leaves a blank wherever the current figure is an indexed amount or a prescribed rate.

AI may

Multiply the average weekly earnings figure the lawyer supplies by three, for each week of loss of earnings under section 28F.
Record the non-economic loss maximum the lawyer takes from the Government Gazette, and apply the section 28HAAB rounding only if a calculation is actually made.
Compare gratuitous care hours with the section 28IA test and the section 28IB hourly cap, using the earnings figure the lawyer supplies.

AI must not

Do not type a dollar for average weekly earnings, the non-economic loss maximum, or the section 28IB cap.
Do not treat 5 per cent as the discount rate in force. It applies only if no percentage is prescribed. The regulations were not opened.
Do not apply the section 28H formula. It is an image and did not render as text.
Do not cap loss of capacity to care for dependants by section 28IB. Section 28ID sends that loss to section 28IE, which was not opened.

The lawyer checks

Confirm Part VB applies to this award.
Insert average weekly earnings from the Australian Statistician's estimate described in the section, at the date of the award.
Insert the non-economic loss maximum published in the Government Gazette, as the note to section 28HAAB describes.
Confirm whether a regulation prescribes a discount rate before using 5 per cent.
Keep wage and medical records in the firm's system. Check Australian Solicitors' Conduct Rules rule 9, Australian Privacy Principle 11, and whether a breach would be 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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