The defendant does not bear an onus to lead evidence as to the availability of suitable work for an injured plaintiff; the plaintiff bears the legal onus and the defendant has no evidential onus unless prima facie evidence has been called for the plaintiff. Section 126 of the Motor Accidents Compensation Act 1999 (NSW) permits multiple findings about the claimant's most likely future circumstances and does not require assumptions of great specificity. Where specific evidence of probable future earnings is lacking, average weekly earnings in the relevant occupation may be used as a guide.
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