Section 87U — Competition and Consumer Act 2010 (Cth)

In determining, in a proceeding to which this Part applies, personal injury damages for:

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

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

(c) the loss of expectation of financial support;

a court must disregard the amount by which the plaintiff’s gross weekly earnings during any quarter would (but for the personal injury or death in question) have exceeded:

(d) if, at the time the award was made, the amount of average weekly earnings for the quarter was ascertainable—an amount that is twice the amount of average weekly earnings for the quarter; or

(e) if:

(i) at the time the award was made, the amount of average weekly earnings for the quarter was not ascertainable; or

(ii) the award was made during, or before the start of, the quarter;

an amount that is twice the amount of average weekly earnings for the quarter that, at the time the award was made, was the most recent quarter for which the amount of average weekly earnings was ascertainable.

Related sections

• s 87R — Cases of 15% or more (but less than 33%) of a most extreme case
• s 87S — Cases of less than 15% of a most extreme case
• s 87T — Referring to earlier decisions on non‑economic loss
• s 87V — Average weekly earnings
• s 87W — Personal injury damages for gratuitous attendant care services for plaintiff
• s 87X — Personal injury damages for loss of plaintiff’s capacity to provide gratuitous attendant care services

Research how courts apply s 87U

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.