In Western Australia, the normal discount for contingencies on future earning capacity ranges between 2-6% for usual contingencies, and a 20% discount is excessive where the only adverse factors are pre-existing degenerative spinal condition and uncertainty about employment after age 55, particularly where the trial judge's calculation assumes immediate employment and continuous work to age 65 when the plaintiff has been unemployed for years. The period needed to find employment after judgment should be factored into the contingency discount rather than treated as a separate item.
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