Victorian Current Acts

WRONGS ACT 1958 - SECT 28F

    (1)     This section applies to an award of damages—

        (a)     for past economic loss due to loss of earnings or the deprivation or impairment of earning capacity; or

        (b)     for future economic loss due to the deprivation or impairment of earning capacity; or

        (c)     for the loss of expectation of financial support.

S. 28F(2) substituted by No. 62/2015 s. 5.

    (2)     The maximum amount of damages that may be awarded for each week of the period of loss of earnings is an amount that is 3 times the amount of average weekly earnings at the date of the award.

    (3)     For the purposes of this section, the amount of average weekly earnings at the date of the award is—

S. 28F(3)(a) amended by No. 44/2014 s. 33(Sch. item 34(1)).

        (a)     the amount per week comprising the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in Victoria for the most recent reference period occurring before the date of the award for which such an amount has been estimated by the Australian Statistician and that is, at that date, available to the court making the award; or

        (b)     if the Australian Statistician fails or ceases to estimate the amount referred to in paragraph (a), the prescribed amount or the amount determined in such manner or by reference to such matters, or both, as may be prescribed.

S. 28G inserted by No. 49/2002 s. 7, amended by No. 62/2015 s. 6.