Western Australian Current Acts Western Australian Current Acts (1) In assessing
damages for loss of earnings, including in an action under the
Fatal Accidents Act 1959 , the court is to disregard earnings lost to the
extent that they would have accrued at a rate of more than 3 times the average
weekly earnings at the date of the award.
(2) In subsection (1)
—
loss of earnings means —
(a) past
economic loss due to loss of earnings or the deprivation or impairment of
earning capacity; or
(b)
future economic loss due to loss of prospective earnings or the deprivation or
impairment of prospective earning capacity.
(3) For the purpose of
this section, the average weekly earnings at the date of the award is —
(a) the
amount estimated by the Australian Statistician as the average weekly total
earnings of full-time adult employees in Western Australia for the quarter
ending most recently before the date of the award for which such an amount has
been estimated by the Australian Statistician and is, at that date, available
to the court making the award; or
(b) if
the Australian Statistician ceases to make the estimate of the amount referred
to in paragraph (a), the amount fixed by, or determined in accordance with,
the regulations.