Section 28IA(2) of the Wrongs Act 1958 (Vic) is to be read conjunctively: the prohibition on damages for gratuitous attendant care services operates only if the services are provided for less than 6 hours per week AND for less than 6 months. A claimant who satisfies either threshold (6+ hours per week or 6+ months duration) remains entitled to Griffiths v Kerkemeyer damages. Part VB of the Wrongs Act applies to the hypothetical assessment of damages for the purposes of factor A in the s 138(3)(b) indemnity formula. Costs of medical reports obtained by VWA for its own assessment purposes are not recoverable as 'compensation' under s 138(3)(a).
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