Lost Years: The High Court rules on whether future pension entitlements are recoverableAuthor : Allison Hunt, Andrew Seiter, Jackson Pannam

General Liability

On 13 June 2018, the High Court held that loss of future superannuation pension payments may be compensated as loss of earning capacity, but that the loss of future aged pension payments are not.

In this update, our Melbourne team of Allison Hunt (Special Counsel), Andrew Seiter (Partner) and Jackson Pannam (Associate) explore the circumstances surrounding this notable decision and how it widens the scope of damages that may be recoverable as loss of earning capacity, and which may potentially increase the quantum of claims.

Whilst the decision arises from the asbestos jurisdiction, the ramifications may be felt in any claim where the claimant suffers a reduced life expectancy.

Click on the link below to read the full update.