Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 87Z

Damages for loss of superannuation entitlements

                   A court must not, in a proceeding to which this Part applies, award personal injury damages for economic loss due to the loss of employer superannuation contributions an amount that exceeds the following amount:

where:

"damages for earnings loss " are the personal injury damages payable (in accordance with this Part) for:

                     (a)  any past economic loss due to loss of earnings, or the deprivation or impairment of earning capacity, on which the entitlement to those contributions is based; and

                     (b)  any future economic loss due to the deprivation or impairment of earning capacity on which the entitlement to those contributions would be based.

"superannuation percentage " is the highest employer's charge percentage for a quarter under section 19 of the Superannuation Guarantee (Administration) Act 1992 .



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