87ZDamages for loss of superannuation entitlements

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:

Start formula Superannuation percentage times Damages for earnings loss end formula

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 means the charge percentage (within the meaning of subsection 17A(2) of the Superannuation Guarantee (Administration) Act 1992) divided by 100.