Section 13 — Civil Liability Act 2002 (NSW)

(1) A court cannot make an award of damages for future economic loss unless the claimant first satisfies the court that the assumptions about future earning capacity or other events on which the award is to be based accord with the claimant’s most likely future circumstances but for the injury.
(2) When a court determines the amount of any such award of damages for future economic loss it is required to adjust the amount of damages for future economic loss that would have been sustained on those assumptions by reference to the percentage possibility that the events might have occurred but for the injury.
(3) If the court makes an award for future economic loss, it is required to state the assumptions on which the award was based and the relevant percentage by which damages were adjusted.

Related sections

• s 11 — Definitions
• s 11A — Application of Part
• s 12 — Damages for past or future economic loss—maximum for loss of earnings etc
• s 14 — Damages for future economic loss—discount rate
• s 15 — Damages for gratuitous attendant care services: general
• s 15A — Damages for gratuitous attendant care services: dust-related conditions

Research how courts apply s 13

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