Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 28F

Damages for past or future economic loss-maximum for loss of earnings etc.

28F. Damages for past or future economic loss-maximum for loss of earnings
etc.



(1) This section applies to an award of damages-

   (a)  for past economic loss due to loss of earnings or the deprivation or
        impairment of earning capacity; or

   (b)  for future economic loss due to the deprivation or impairment of
        earning capacity; or

   (c)  for the loss of expectation of financial support.

(2) In the case of any award to which this section applies, the court is to
disregard the amount (if any) by which the claimant's gross weekly earnings
would (but for the death or injury) have exceeded an amount that is 3 times
the amount of average weekly earnings at the date of the award.

(3) For the purposes of this section, the amount of average weekly earnings at
the date of the award is-

   (a)  the amount per week comprising the amount estimated by the Australian
        Statistician as the average weekly total earnings of all employees in
        Victoria for the most recent quarter occurring before the date of the
        award for which such an amount has been estimated by the Australian
        Statistician and that is, at that date, available to the court making
        the award; or

   (b)  if the Australian Statistician fails or ceases to estimate the amount
        referred to in paragraph (a), the prescribed amount or the amount
        determined in such manner or by reference to such matters, or both, as
        may be prescribed.