Loss of future superannuation benefits may be awarded in personal injury cases without actuarial evidence, using the Jongen formula as a prima facie measure, given that employer superannuation contributions are virtually compulsory under the Superannuation Guarantee (Administration) Act 1992 (Cth). The discount for ordinary contingencies in future economic loss assessment is rarely more than 15% and usually between 5% and 10%; a 75% discount is unjustifiable. The phrase 'a most extreme case' in s 3C(3) of the Motor Vehicle (Third Party Insurance) Act 1943 (WA) uses the indefinite article deliberately, so the statutory maximum is available to a range of extreme situations, not confined to a single worst case.
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