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.