Competition and Consumer Act 2010
87UPersonal injury damages for loss of earning capacity
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87U Personal injury damages for loss of earning capacity
In determining, in a proceeding to which this Part applies, personal injury damages for:
(a) past economic loss due to loss of earnings or the deprivation or impairment of earning capacity; or
(b) future economic loss due to the deprivation or impairment of earning capacity; or
(c) the loss of expectation of financial support;
a court must disregard the amount by which the plaintiff’s gross weekly earnings during any quarter would (but for the personal injury or death in question) have exceeded:
(d) if, at the time the award was made, the amount of average weekly earnings for the quarter was ascertainable—an amount that is twice the amount of average weekly earnings for the quarter; or
(e) if:
(i) at the time the award was made, the amount of average weekly earnings for the quarter was not ascertainable; or
(ii) the award was made during, or before the start of, the quarter;
an amount that is twice the amount of average weekly earnings for the quarter that, at the time the award was made, was the most recent quarter for which the amount of average weekly earnings was ascertainable.