98Damages for loss of earnings

98 Damages for loss of earnings (1) In assessing damages for loss of earnings in relation to a claim, the court must disregard earnings above the limit mentioned in subsection (2). (2) The limit is 3 times average weekly earnings a week. average weekly earnings means— (a) the average weekly earnings seasonally adjusted for the ACT (all males total earnings) in Average Weekly Earnings, Australia (State and Territory Earnings) issued by the Australian statistician; or Note Average Weekly Earnings, Australia is issued in May and November and is available at www.abs.gov.au. (b) if the Australian statistician issues a publication (however described) containing average weekly earnings in substitution for, or instead of, the average weekly earnings mentioned in paragraph (a)—the substituted average weekly earnings. loss of earnings means— (a) past economic loss because of loss of earnings or the deprivation or impairment of earning capacity; and (b) future economic loss because of loss of prospective earnings or the deprivation or impairment of prospective earning capacity.