Litigation Support

Two sets of life expectancy data are commonly used in NSW personal injury matters: the ABS life tables and the Cumpston Sarjeant medium life expectancy figures. The difference between them can meaningfully affect the size of a lump sum award.

The Civil Liability Act 2002 limits the gross earnings that can be claimed in a loss of earnings assessment to three times the average weekly earnings in NSW. For higher-income plaintiffs, this cap can significantly reduce the damages available and must be correctly applied.

Average weekly earnings data from the ABS is one of the most important reference points in a personal injury assessment. It sets the earnings cap under the Civil Liability Act, drives attendant care rates, and provides a benchmark for a plaintiff's pre-injury income.

The hourly rate used to value attendant care in a personal injury claim is not set arbitrarily. It is derived from ABS average weekly earnings data and updated every six months. Getting the right rate for the right period is essential for an accurate care calculation.

Interest on damages under the Civil Liability Act 2002 operates differently from the standard pre-judgment interest regime. It uses the Commonwealth Government 10-year bond rate and can add a substantial sum to a past loss assessment when applied correctly.