Average weekly earnings as estimated by the Australian Statistician, which provide the statutory basis for calculating the maximum amount of damages for gratuitous attendant care under s 15 of the Civil Liability Act 2002 (NSW), may be used by the Dust Diseases Tribunal as the basis for calculating the value of gratuitous domestic assistance without the need for specific evidence of commercial rates for different service providers. A party granted leave to provide written submissions on costs who declines to do so cannot establish procedural unfairness from the court's failure to relist the matter for oral argument.
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