Section 3B(1)(a) of the Civil Liability Act 2002 (NSW) excludes the Act's operation in respect of both the direct liability of the tortfeasor and the vicarious liability of the employer for an intentional tort. An employer of security guards on licensed premises may be vicariously liable for an unprovoked assault where the guard's conduct, though excessive, was undertaken in the perceived performance of employment duties such as dispersing patrons. Superannuation loss may be calculated without actuarial evidence using a rule of thumb based on 9% of gross earnings loss, discounted using 3% tables, without a further deferred-receipt discount. The question of which methodology for calculating superannuation loss is most preferable was expressly left open.
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