Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 87Z

Damages for loss of superannuation entitlements

                   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 .



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