There is no principle of law that loss of future earning capacity must be calculated to the age at which a person is entitled to receive an Australian pension; the retirement age is a question of fact on the evidence. Tax returns may properly be relied upon as evidence of earning capacity even where they may not perfectly reflect capacity. There is no necessary equivalence between amounts calculated under s 134AB(38)(e) and (f) of the Accident Compensation Act 1985 (Vic) and an assessment of pecuniary loss damages at common law. Interest on past pecuniary loss under s 60 of the Supreme Court Act 1986 (Vic) and s 134AB(34) of the Act runs from the date of commencement of the proceeding, not from the date of injury.
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