Section 4.6 — Motor Accident Injuries Act 2017 (NSW)

(cf s 125 MACA)
(1) This section applies to an award of damages—
(a) for past or future economic loss due to loss of earnings or the deprivation or impairment of earning capacity, or
(b) for the loss of expectation of financial support.
(2) In the case of such an award, the amount (if any) by which the injured or deceased person’s net weekly earnings would (but for the injury or death) have exceeded the maximum weekly statutory benefits amount under Division 3.3 is to be disregarded (even though that maximum weekly statutory benefits amount is a maximum gross earnings amount).
(3) The maximum amount of damages that may be awarded for economic loss due to the loss of employer superannuation contributions is the relevant percentage of damages payable (in accordance with this Division) for the loss of earnings or the deprivation or impairment of the earning capacity on which the entitlement to those contributions is based. The relevant percentage is the percentage of earnings that is the minimum percentage required by law to be paid as employer superannuation contributions.

Related sections

• s 4.3 — Damages that may be awarded
• s 4.4 — No damages for threshold injuries
• s 4.5 — Limits on economic loss
• s 4.7 — Future economic loss—claimant’s prospects and adjustments
• s 4.8 — Assessment of impairment of earning capacity if dispute over degree of impairment
• s 4.9 — Damages for future economic loss—discount rate

Research how courts apply s 4.6

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.