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

A court must not, in a proceeding to which this Part applies, award personal injury damages for economic loss due to the loss of employer superannuation contributions an amount that exceeds the following amount:

where:

damages for earnings loss are the personal injury damages payable (in accordance with this Part) for:

(a) any past economic loss due to loss of earnings, or the deprivation or impairment of earning capacity, on which the entitlement to those contributions is based; and

(b) any future economic loss due to the deprivation or impairment of earning capacity on which the entitlement to those contributions would be based.

superannuation percentage is the highest employer’s charge percentage for a quarter under section 19 of the Superannuation Guarantee (Administration) Act 1992.

Related sections

• 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
• s 87Y — Damages for future economic loss—discount rate
• s 87ZA — Interest on damages
• s 87ZB — Exemplary and aggravated damages
• s 87ZC — Court may make orders under section 87 for structured settlements

Research how courts apply s 87Z

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