LITIGATION TABLES
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- Edith Harriet Lamb
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1 LITIGATION TABLES 2016 LITIGATION TABLES July,
2 CONTENTS 1.0 DISCOUNT TABLES DEFERRED TABLES TAX RATES AFTER TAX WEEKLY INCOME READY RECKONER CONSUMER PRICE INDEX (CPI)... 6 QLD... 6 NSW... 6 ACT... 7 VIC AVERAGE WEEKLY EARNINGS... 8 QLD... 8 NSW... 8 ACT... 9 VIC PROSPECTIVE LIFE TABLES YEAR TREASURY BOND RATES QLD & VIC NSW & ACT INJURY SCALE VALUES/GENERAL DAMAGES (QLD) SCHEDULE OF INDEXED AMOUNTS (NSW) HISTORICAL RATES NON-ECONOMIC LOSS DAMAGES (NSW) IMPAIRMENT BENEFITS - FROM 01 JULY 2015 (VIC) TRANSPORT ACCIDENT ACT BENEFITS INDEX (VIC) INTEREST UP TO JUDGEMENT (NSW) INTEREST POST JUDGEMENT (NSW) LOSS OF SUPERANNUATION - NAJDOVSKI V CRNOJLOVIC APPROACH (NSW) RATES FOR THE PROVISION OF ATTENDANT CARE SERVICES (NSW)... 22
3 1.0 DISCOUNT TABLES Note that a 6% discount rate / deferral factor is adopted in Victoria for actions brought under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (post 12 November 1997) and Transport Accident Act 1986 (Vic). Present Value of $1 per week over 1 to 80 years at 3%, 5% and 6% p.a. Number of Years 3% Multiple 5% Multiple 6% Multiple Number of Years 3% Multiple 5% Multiple 6% Multiple , , , , , , , , , , , , , , , ,428 1, ,438 1, ,448 1, ,457 1, ,466 1, ,475 1, ,483 1, ,491 1, ,499 1, ,507 1, ,515 1, ,522 1, ,529 1, , ,536 1, , ,542 1, , ,549 1, , ,555 1, , ,561 1, , ,567 1, , ,573 1, , ,579 1, , ,584 1, , ,589 1, , ,595 1, , ,600 1, Page 2
4 2.0 DEFERRED TABLES Present Lump Sum Equivalent in Value to an Income of $1 Deferred for Periods from 1 to 80 Years Calculated at Interest Rates of 3%, 5% and 6% Note that a 6% discount rate / deferral factor is adopted in Victoria for actions brought under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (post 12 November 1997) and Transport Accident Act 1986 (Vic). Number of Years Lump Sum 3% Lump Sum 5% Lump Sum 6% Number of Years Lump Sum 3% Lump Sum 5% Lump Sum 6% Page 3
5 3.0 TAX RATES TAX RATES (from 01 July 2007 to 30 June 2008) General rates residents Excluding Medicare levy of 1.5% TAX RATES (from 01 July 2010 to 30 June 2012) General rates residents Excluding Medicare levy of 1.5% and Flood Levy for year ended 30 June 2012 Taxable income $ Tax Payable $ Taxable income $ Tax Payable $ 0 6,000 Nil 0 6,000 Nil 6,001 30,000 15% excess over 6,000 6,001 37,000 15% excess over 6,000 30,001 75,000 3, % excess over 30,000 37,001 80,000 4, % excess over 37,000 75, ,000 17, % excess over 75,000 80, ,000 17, % excess over 80, , , % excess over 150, , , % excess over 180,000 TAX RATES (from 01 July 2008 to 30 June 2009) General rates residents Excluding Medicare levy of 1.5% TAX RATES (from 01 July 2012 to 30 June 2014) General rates residents Excluding Medicare levy of 1.5% Taxable income $ Tax Payable $ Taxable income $ Tax Payable $ 0 6,000 Nil 0 18,200 Nil 6,001 34,000 15% excess over 6,000 18,201 37,000 19% excess over 18,200 34,001 80,000 4, % excess over 34,000 37,001 80,000 3, % excess over 37,000 80, ,000 18, % excess over 80,000 80, ,000 17, % excess over 80, , , % excess over 180, , , % excess over 180,000 TAX RATES (from 01 July 2009 to 30 June 2010) General rates residents Excluding Medicare levy of 1.5% TAX RATES (from 01 July 2014 to 30 June 2017) General rates residents Excluding Medicare levy of 2.0% and Budget Repair Levy on Higher Income Earners of 2.0% Taxable income $ Tax Payable $ Taxable income $ Tax Payable $ 0 6,000 Nil 0 18,200 Nil 6,001 35,000 15% excess over 6,000 18,201 37,000 19% excess over 18,200 35,001 80,000 4, % excess over 35,000 37,001 80,000 3, % excess over 37,000 80, ,000 17, % excess over 80,000 80, ,000 17, % excess over 80, , , % excess over 180, , , % excess over 180,000 Page 4
6 4.0 AFTER TAX WEEKLY INCOME READY RECKONER LITIGATION TABLES 2016 Calculations include Medicare, Low Income Tax Offset and High Income Levy (Based on rates for the year ended 30 June 2017) The information in these tables is believed to be accurate as at July However, Vincents Chartered Accountants expressly disclaims all and any liability and responsibility to any person for the consequences of anything done or omitted to be done by any person based on the contents of this publication. Before Tax Weekly Income $ After Tax Weekly Income $ Before Tax Weekly Income $ After Tax Weekly Income $ Before Tax Weekly Income $ After Tax Weekly Income $ 0 0 1,400 1,079 2,750 1, ,450 1,112 2,800 1, ,500 1,144 2,850 1, ,550 1,176 2,900 2, ,600 1,207 2,950 2, ,650 1,237 3,000 2, ,700 1,268 3,050 2, ,750 1,298 3,100 2, ,800 1,329 3,150 2, ,850 1,359 3,200 2, ,900 1,390 3,250 2, ,950 1,420 3,300 2, ,000 1,451 3,350 2, ,050 1,481 3,400 2, ,100 1,512 3,450 2, ,150 1,542 3,500 2, ,200 1,573 3,550 2, ,250 1,603 3,600 2, ,300 1,634 3,650 2,437 1, ,350 1,664 3,700 2,463 1, ,400 1,695 3,750 2,488 1, ,450 1,725 3,800 2,514 1, ,500 1,756 3,850 2,539 1, ,550 1,786 3,900 2,565 1, ,600 1,817 3,950 2,590 1,300 1,013 2,650 1,847 4,000 2,616 1,350 1,046 2,700 1,878 4,050 2,641 Page 5
7 5.0 CONSUMER PRICE INDEX (CPI) QLD NSW Period Australia Brisbane Australia Sydney Period % % % % Index Index Index Index change change Change Change Jun Jun Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Sep % % Sep % % Dec % % Dec % % Mar % % Mar % % ABS Catalogue Page 6
8 ACT VIC Australia Canberra Australia Melbourne Period % % Period % % Index Index Index Index change change change change Jun Jun Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Jun % % Sep % % Sep % % Dec % % Dec % % Mar % % Mar % % ABS Catalogue Page 7
9 6.0 AVERAGE WEEKLY EARNINGS Note: From May 2012, Average Weekly Earnings statistics were published on a bi-annual basis only in May and November. QLD Original Queensland All Employees (Full-Time) Ordinary Time Earnings As per Australian Bureau of Statistics Catalogue Table 13C NSW Original New South Wales All Employees Total Earnings As per Australian Bureau of Statistics Catalogue Table 13A February February 1, February February 1, May May 1, May May 1, August August 1, August August 1, November November 1, November November 1, February 1, February 1, February February 1, May 1, May 1, May May 1, August 1, August November 1, November 1, November November 1, February 1, February May 1, May 1, May May 1, August 1, August November 1, November 1, November November 1, February 1, February May 1, May 1, May May 1, August 1, August November 1, November 1, November November 1, February 1, February May 1, May 1, May May 1, August 1, August November 1, November 1, November November 1, Civil Liability Act 2003 (Qld) defines average weekly earnings as follows: for a financial year, the amount of Queensland full-time adult persons ordinary time earnings declared by the Australian Statistician in the original series of the statistician's average weekly earnings publication most recently published before the start of the financial year. Page 8
10 Note: From May 2012, Average Weekly Earnings statistics were published on a bi-annual basis only in May and November. ACT Seasonally Adjusted Australian Capital Territory All Males Total Earnings As per Australian Bureau of Statistics Catalogue Table 12H VIC Original Victoria All Employees Total Earnings As per Australian Bureau of Statistics Catalogue Table 13B February February February February May May May May August August August August November November November November February February February February 1, May May 1, May May August August November November 1, November November 1, February February May May 1, May May 1, August August November November 1, November November 1, February February May May 1, May May 1, August August November November 1, November November 1, February February May May 1, May May 1, August August November November 1, November November 1, Page 9
11 7.0 PROSPECTIVE LIFE TABLES As adopted in Golden Eagle International Trading Pty Ltd v Zhang (2007) HCA 15. Expectation of life at exact age (x). Age(x) Male Female Age(x) Male Female Age(x) Male Female Page 10
12 YEAR TREASURY BOND RATES QLD & VIC Per Reserve Bank of Australia, Capital Market Yields - Government Bonds - Daily beginning of January Qtr 5.47% beginning of January Qtr 5.50% beginning of April Qtr 5.61% beginning of April Qtr 5.51% beginning of July Qtr 5.05% beginning of July Qtr 5.28% beginning of October Qtr 5.41% beginning of October Qtr 4.00% beginning of January Qtr 5.23% beginning of January Qtr 3.84% beginning of April Qtr 5.41% beginning of April Qtr 4.13% beginning of July Qtr 5.75% beginning of July Qtr 3.09% beginning of October Qtr 5.49% beginning of October Qtr 2.90% beginning of January Qtr 5.90% beginning of January Qtr 3.40% beginning of April Qtr 5.90% beginning of April Qtr 3.40% beginning of July Qtr 6.20% beginning of July Qtr 3.82% beginning of October Qtr 6.17% beginning of October Qtr 3.85% beginning of January Qtr 6.34% beginning of January Qtr 4.33% beginning of April Qtr 6.02% beginning of April Qtr 4.13% beginning of July Qtr 6.50% beginning of July Qtr 3.59% beginning of October Qtr 5.43% beginning of October Qtr 3.49% beginning of January Qtr 3.96% beginning of January Qtr 2.87% beginning of April Qtr 4.39% beginning of April Qtr 2.33% beginning of July Qtr 5.50% beginning of July Qtr 3.01% beginning of October Qtr 5.28% beginning of October Qtr 2.62% beginning of January Qtr 5.76% beginning of January Qtr 2.82% beginning of April Qtr 5.75% beginning of April Qtr 2.53% beginning of July Qtr 5.08% beginning of July Qtr 1.96% beginning of October Qtr 5.07% Page 11
13 NSW & ACT Per Reserve Bank of Australia, Capital Market Yields - Government Bonds - Daily beginning of January Qtr 5.15% beginning of January Qtr 5.76% beginning of July Qtr 5.00% beginning of July Qtr 5.08% beginning of January Qtr 5.67% beginning of January Qtr 5.50% beginning of July Qtr 5.86% beginning of July Qtr 5.28% beginning of January Qtr 5.47% beginning of January Qtr 3.84% beginning of July Qtr 5.05% beginning of July Qtr 3.09% beginning of January Qtr 5.23% beginning of January Qtr 3.40% beginning of July Qtr 5.75% beginning of July Qtr 3.82% beginning of January Qtr 5.90% beginning of January Qtr 4.33% beginning of July Qtr 6.20% beginning of July Qtr 3.59% beginning of January Qtr 6.34% beginning of January Qtr 2.87% beginning of July Qtr 6.50% beginning of July Qtr 3.01% beginning of January Qtr 3.96% beginning of January Qtr 2.82% beginning of July Qtr 5.50% beginning of July Qtr 1.96% Page 12
14 9.0 INJURY SCALE VALUES/GENERAL DAMAGES (QLD) ISV Injury between 02 Dec Jun 10 Injury between 01 Jul Jun 11 Injury between 01 Jul Jun 12 GENERAL DAMAGES $ Injury between 01 Jul Jun 13 LITIGATION TABLES 2016 Injury between 01 Jul Jun 14 Injury between 01 Jul Jun 15 Injury after 01 Jul ,000 1,180 1,220 1,290 1,360 1,410 1, ,000 2,360 2,440 2,580 2,720 2,820 2, ,000 3,540 3,660 3,870 4,080 4,230 4, ,000 4,720 4,880 5,160 5,440 5,640 5, ,000 5,900 6,100 6,450 6,800 7,050 7, ,200 7,310 7,550 7,980 8,410 8,720 8, ,400 8,720 9,000 9,510 10,020 10,390 10, ,600 10,130 10,450 11,040 11,630 12,060 12, ,800 11,540 11,900 12,570 13,240 13,730 14, ,000 12,950 13,350 14,100 14,850 15,400 15, ,400 14,600 15,050 15,890 16,740 17,360 17, ,800 16,250 16,750 17,680 18,630 19,320 19, ,200 17,900 18,450 19,470 20,520 21,280 21, ,600 19,550 20,150 21,260 22,410 23,240 23, ,000 21,200 21,850 23,050 24,300 25,200 25, ,600 23,080 23,790 25,100 26,460 27,440 28, ,200 24,960 25,730 27,150 28,620 29,680 30, ,800 26,840 27,670 29,200 30,780 31,920 32, ,400 28,720 29,610 31,250 32,940 34,160 34, ,000 30,600 31,550 33,300 35,100 36,400 37, ,800 32,720 33,730 35,600 37,520 38,910 39, ,600 34,840 35,910 37,900 39,940 41,420 42, ,400 36,960 38,090 40,200 42,360 43,930 44, ,200 39,080 40,270 42,500 44,780 46,440 47, ,000 41,200 42,450 44,800 47,200 48,950 50, ,000 43,560 44,880 47,360 49,900 51,750 52, ,000 45,920 47,310 49,920 52,600 54,550 55, ,000 48,280 49,740 52,480 55,300 57,350 58, ,000 50,640 52,170 55,040 58,000 60,150 61, ,000 53,000 54,600 57,600 60,700 62,950 64, ,200 55,590 57,270 60,420 63,670 66,030 67, ,400 58,180 59,940 63,240 66,640 69,110 70, ,600 60,770 62,610 66,060 69,610 72,190 73, ,800 63,360 65,280 68,880 72,580 75,270 77, ,000 65,950 67,950 71,700 75,550 78,350 80, ,400 68,780 70,870 74,780 78,800 81,720 83, ,800 71,610 73,790 77,860 82,050 85,090 87, ,200 74,440 76,710 80,940 85,300 88,460 90, ,600 77,270 79,630 84,020 88,550 91,830 94, ,000 80,100 82,550 87,100 91,800 95,200 97, ,580 83,140 85,680 90,400 95,280 98, , ,160 86,180 88,810 93,700 98, , , ,740 89,220 91,940 97, , , , ,320 92,260 95, , , , , ,900 95,300 98, , , , , ,480 98, , , , , , , , , , , , , , , , , , , ,100 Page 13
15 49 91, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,500 Page 14
16 10.0 SCHEDULE OF INDEXED AMOUNTS (NSW) Motor Accidents Compensations Act 1999 Section Damages to Past and Future Economic Loss - Maximum for Loss of Earnings, etc. LITIGATION TABLES 2016 In the case of any such award, the court is to disregard the amount (if any) by which the injured or deceased person's net weekly earnings would (but for the injury or death) have exceeded an amount. Latest Amount $ Net Weekly Earnings 01/10/2015 4,688 Section Maximum Amount of damages for Non-Economic Loss 01/10/ ,000 Civil Liability Act 2002 Section 12 - Damages for Past and Future Economic Loss - Maximum for Loss of Earnings, etc. In the case of any such award, the court is to disregard the amount (if any) by which the claimant's gross weekly earnings would (but for the injury or death) have exceeded an amount that is 3 times the amount of average weekly earnings at the date of the award (Section 12(2)). For the purpose of this section, the amount of average weekly earnings at the date of an award is the amount per week comprising the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in New South Wales for the most recent quarter 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 (Section 12(3)(a)). Average Weekly Earnings Maximum Amount Allowable Gross Weekly Earnings 20/11/2015 1, , HISTORICAL RATES It is our understanding that the rates applicable to a claim for the various sections is the latest indexed rate. For information purposes only, the historical indexed rates are noted below. Effective Non-economic Loss Max. Eco. Loss Date MAA 1988 MAC 1999 CLA 2002 MAC /10/ , , ,000 2,834 01/10/ , , ,500 3,021 01/10/ , , ,000 3,127 01/10/ , , ,000 3,296 01/10/ , , ,000 3,362 01/10/ , , ,000 3,500 01/10/ , , ,000 3,584 01/10/ , , ,500 3,749 01/10/ , , ,500 3,966 01/10/ , , ,000 4,129 01/10/ , , ,000 4,236 01/10/ , , ,500 4,376 01/10/ , , ,000 4,512 Page 15
17 11.0 NON-ECONOMIC LOSS DAMAGES (NSW) Section 16 Civil Liability Act 2002 (NSW) (For personal injury and death claims from 20 March 2002) Severity of noneconomic loss as a proportion of a most extreme case Damages to be awarded for noneconomic loss as a proportion of the maximum amount Current dollar value 01/10/13 to 30/9/14 $ LITIGATION TABLES 2016 Current dollar value 01/10/14 to 30/09/15 $ Current dollar value 01/10/15 to 30/09/16 15% 1.0% 5,500 5,500 6,000 16% 1.5% 8,500 8,500 9,000 17% 2.0% 11,000 11,500 12,000 18% 2.5% 14,000 14,500 15,000 19% 3.0% 16,500 17,000 18,000 20% 3.5% 19,500 20,000 21,000 21% 4.0% 22,000 23,000 24,000 22% 4.5% 25,000 25,500 26,500 23% 5.0% 27,500 28,500 29,500 24% 5.5% 30,500 31,500 32,500 25% 6.5% 36,000 37,000 38,500 26% 8.0% 44,000 46,000 47,500 27% 10.0% 55,000 57,000 59,500 28% 14.0% 77,000 80,000 83,000 29% 18.0% 99, , ,000 30% 23.0% 127, , ,500 31% 26.0% 143, , ,500 32% 30.0% 165, , ,000 33% 33.0% 182, , ,000 34% to 100% 34% to 100% respectively 187,500 to 551, ,500 to 572, ,000 to 594,000 Page 16
18 12.0 IMPAIRMENT BENEFITS - FROM 01 JULY 2016 (VIC) Transport Accident Act (1986) For accidents on or after 16 December 2004 LITIGATION TABLES 2016 Degree of Impairment Impairment Benefit Degree of Impairment Impairment Benefit Degree of Impairment Impairment Benefit % $ % $ % $ , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,510 * Minor benefit $173. Page 17
19 13.0 TRANSPORT ACCIDENT ACT BENEFITS INDEX (VIC) LITIGATION TABLES 2016 FROM FROM FROM FROM 01/07/ /07/ /07/ /07/2016 MEDICAL EXCESS: LOSS OF EARNINGS: Maximum Weekly 1,200 1,250 1,250 1,260 Minimum Weekly (or 100% of pre-accident weekly earnings) Dependants - first Dependants - other LOSS OF EARNING CAPACITY: Maximum Weekly 1,020 1,060 1,060 1,070 Minimum Weekly (or 100% of pre-accident earning capacity) Dependants - first Dependants - other Supported Employment Program - Unaffected Earnings * SAFETY NET INCOME BENEFIT (Weekly): *** 1,200 1,250 1,250 1,260 FATAL DEPENDENCY: Maximum Weekly 1,200 1,250 1,250 1,260 Minimum Weekly (or 100% of the deceased's earning capacity) Dependants - first Dependants - other Lump Sum CPI 168, , , ,540 Education Allowance 2,690 2,760 2,800 2,850 Family Counselling Allowance 15,000 15,410 15,630 15,920 Funeral Expenses **** 14,135 14,520 14,730 15,010 FAMILY MEMBER VISITING EXPENSES: Maximum Allowance per Claim 10,000 10,270 10,420 10,620 CAPPED AMOUNT FOR DAILY LIVING EXPENSES (applies to TAC clients residing in Shared Supported Accommodation facilities or Supported Residential Services) OTHER NO-FAULT BENEFITS: Travel to Work Allowance 1,290 1,330 1,350 1,380 Post Hospital Support Allowance ** 4,680 4,870 4,870 4,920 MAXIMUM NO-FAULT: 161, , , ,670 COMMON LAW: Threshold 49,710 51,070 51,800 52,770 Maximum Pecuniary Loss 1,119,060 1,149,780 1,166,240 1,188,180 Maximum Pain/Suffering 497, , , ,050 Maximum Wrongs Act 814, , , ,900 CPI INDEX % % % % AWE INDEX % % % % * Applicable from 1/1/2005 ** Applicable from 1/3/2005 *** Applicable from 28/11/2007 **** Applicable from 20/11/2013 Page 18
20 14.0 INTEREST UP TO JUDGEMENT (NSW) Uniform Civil Procedure Rules Rule 6.12(8) and Civil Procedure Act Section 100 Published RBA Cash Interest Applicable Period Date Rate Rate 29/12/ /01/2001 to 30/06/ % 10.25% 29/06/ /07/2001 to 31/12/ % 9.00% 31/12/ /01/2002 to 30/06/ % 8.25% 28/06/ /07/2002 to 31/12/ % 8.75% 31/12/ /01/2003 to 30/06/ % 8.75% 30/06/ /07/2003 to 31/12/ % 8.75% 31/12/ /01/2004 to 30/06/ % 9.25% 30/06/ /07/2004 to 31/12/ % 9.25% 31/12/ /01/2005 to 30/06/ % 9.25% 30/06/ /07/2005 to 31/12/ % 9.50% 31/12/ /01/2006 to 30/06/ % 9.50% 30/06/ /07/2006 to 31/12/ % 9.75% 29/12/ /01/2007 to 30/06/ % 10.25% 29/06/ /07/2007 to 31/12/ % 10.25% 31/12/ /01/2008 to 30/06/ % 10.75% 30/06/ /07/2008 to 31/12/ % 11.25% 31/12/ /01/2009 to 30/06/ % 8.25% 30/06/ /07/2009 to 31/12/ % 7.00% 31/12/ /01/2010 to 30/06/ % 7.75% 30/06/ /07/2010 to 31/12/ % 8.50% 31/12/ /01/2011 to 30/06/ % 8.75% 30/06/ /07/2011 to 31/12/ % 8.75% 30/12/ /01/2012 to 30/06/ % 8.25% 29/06/ /07/2012 to 31/12/ % 7.50% 31/12/ /01/2013 to 30/06/ % 7.00% 28/06/ /07/2013 to 31/12/ % 6.75% 31/12/ /01/2014 to 30/06/ % 6.50% 30/06/ /07/2014 to 31/12/ % 6.50% 31/12/ /01/2015 to 30/06/ % 6.50% 30/06/ /07/2015 to 31/12/ % 6.00% 31/12/ /01/2016 to 30/06/ % 6.00% 30/06/ /07/2016 To 31/12/ % 5.75% The prescribed rate at which pre-judgment interest may be awarded is 4% above the last cash rate published by the Reserve Bank of Australia ("RBA") before the period commenced, by reference to the periods: 1 January to 30 June in any year; and 1 July to 31 December in any year. Source: Page 19
21 15.0 INTEREST POST JUDGEMENT (NSW) Uniform Civil Procedure Rules Rule 36.7 and Civil Procedure Act Section 101 Published Schedule 5 RBA Cash Interest Applicable Period Date Rate Rate Rate 01/09/1990 to 28/02/ % 19.00% 01/03/1991 to 31/08/ % 17.00% 01/09/1991 to 28/02/ % 15.00% 29/02/1992 to 31/08/ % 13.00% 01/09/1992 to 31/08/ % 11.25% 01/09/1993 to 28/02/ % 10.50% 01/03/1995 to 28/02/ % 12.00% 01/03/1997 to 31/08/ % 10.50% 01/09/1997 to 31/08/ % 10.00% 01/09/1998 to 29/02/ % 9.58% 01/03/2000 to 31/08/ % 10.00% 01/09/2000 to 31/08/ % 11.00% 01/09/2001 to 28/02/ % 10.00% 01/03/2002 to 31/12/ % 9.00% 01/01/2007 to 05/03/ % 10.00% 06/03/2009 to 30/06/ % 9.00% 30/06/ /07/2010 to 31/12/ % 10.50% 31/12/ /01/2011 to 30/06/ % 10.75% 30/06/ /07/2011 to 31/12/ % 10.75% 30/12/ /01/2012 to 30/06/ % 10.25% 29/06/ /07/2012 to 31/12/ % 9.50% 31/12/ /01/2013 to 30/06/ % 9.00% 28/06/ /07/2013 to 31/12/ % 8.75% 31/12/ /01/2014 to 30/06/ % 8.50% 30/06/ /07/2014 to 31/12/ % 8.50% 31/12/ /01/2015 to 30/06/ % 8.50% 30/06/ /07/2015 to 31/12/ % 8.00% 31/12/ /01/2016 to 30/06/ % 8.00% 30/06/ /07/2016 to 31/12/ % 7.75% The prescribed rate at which post-judgment interest may be awarded: Up to and including 30 June 2010 interest is to be calculated by reference to Schedule 5 rates. From 01 July 2010, the prescribed interest rate payable is 6% above the last cash rate published by the Reserve Bank of Australia before the period commenced, by reference to the periods: 1 January to 30 June in any year; and 1 July to 31 December in any year. Source: Page 20
22 16.0 LOSS OF SUPERANNUATION - NAJDOVSKI V CRNOJLOVIC APPROACH (NSW) Years to retirement Average super % Years to retirement Average super % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % The above table provides indicative average superannuation rates to be applied to the after tax lump sum future loss of income amount claimed / awarded when assessing future loss of superannuation entitlements in respect of those claimants who are entitled to claim for loss of superannuation entitlements (e.g. salary and wage earners). Page 21
23 17.0 RATES FOR THE PROVISION OF ATTENDANT CARE SERVICES (NSW) Source: ABS Catalogue Period Gross Wage Rate per hour before Tax 1/40th 16/11/2002 to 21/02/ /02/2003 to 16/05/ /05/2003 to 15/08/ /08/2003 to 21/11/ /11/2003 to 20/02/ /02/2004 to 21/05/ /05/2004 to 20/08/ /08/2004 to 19/11/ /11/2004 to 18/02/ /02/2005 to 20/05/ /05/2005 to 19/08/ /08/2005 to 18/11/ /11/2005 to 17/02/ /02/2006 to 19/05/ /05/2006 to 18/08/ /08/2006 to 17/11/ /11/2006 to 17/02/ /02/2007 to 18/05/ /05/2007 to 17/08/ /08/2007 to 16/11/ /11/2007 to 15/02/ /02/2008 to 16/05/ /05/2008 to 15/08/ /08/2008 to 21/11/ /11/2008 to 20/02/ /02/2009 to 15/05/ /05/2009 to 21/08/ /08/2009 to 20/11/ /11/2009 to 19/02/ /02/2010 to 21/05/ /05/2010 to 20/08/ /08/2010 to 19/11/ /11/2010 to 18/02/2011 1, /02/2011 to 20/05/2011 1, /05/2011 to 19/08/2011 1, /08/2011 to 18/11/2011 1, /11/2011 to 17/02/2012 1, /02/2012 to 18/05/2012 1, /05/2012 to 16/11/2012 1, /11/2012 to 17/05/2013 1, /05/2013 to 15/11/2013 1, /11/2013 to 16/05/2014 1, /05/2014 to 21/11/2014 1, /11/2014 to 15/05/2015 1, /05/2015 to 20/11/2015 1, Page 22
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