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Lost Years: The High Court rules on whether future pension entitlements are recoverable

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.

© Wotton + Kearney 2018
This publication is intended to provide commentary and general information. It should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this publication. Persons listed may not be admitted in all states and territories.
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