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CIVIL PROCEEDINGS ACT 2011 - SECT 61
Discount rate for lump sum award
61 Discount rate for lump sum award
(1) This section applies to an award of damages for deprivation or impairment
of earning capacity, or for a liability to incur expenditure in the future.
(2) However, this section does not apply to an award of damages to which the
Civil Liability Act 2003 , chapter 3 applies.
(3) When assessing an amount of
damages as a lump sum for a future loss or expense, the amount must be the
present value, calculated using the prescribed discount rate, of the future
loss or expense.
(4) In this section—
"prescribed discount rate" , for an award, means— (a) the discount rate
prescribed under a regulation as in force when the award is made; or
(b) if a
discount rate is not prescribed under a regulation when the award is
made—5%.
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