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1. Civil Liability Act 2002 (NSW) NEW
The Civil Liability Act 2002 (NSW) has applied since 20 March 2002.

Applying where over-riding legislation does not apply, the Civil Liability Act 2002 (NSW) impacts on the calculation of loss/damages in personal injury and death claims so that:

• damages for future economic loss (loss of earning capacity) must be capped at an amount equal to three times the average weekly total earnings of all employees in NSW for the most recent quarter
• the discount rate to be applied in calculating future economic loss is 5 per cent
• no interest will apply to past gratuitous care claim
• interest for past losses will be calculated at the 10 year Federal Government Bond rate, not the Court rate.

Please contact us for further information.

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