ABOUT FURZER CRESTANI FORENSIC

Transcription

1 ABOUT FURZER CRESTANI FORENSIC Since 1985, Furzer Crestani Forensic has provided a broad range of forensic accounting and related services across a variety of industries. We have been engaged on behalf of plaintiffs and defendants, as well as a single expert, shadow expert and independent referee. You and your clients will benefit from our team's extensive knowledge and skill set, as well as our comprehensive library of resources. Our services include: - Calculations for negotiation purposes - Detailed economic loss reports - Quantifying damages, including future care and other needs - Compensation to Relatives claims - Costs of funds management reports - Reports on complex commercial claims - Financial investigations - Reports dealing with estate and will disputes - Business and entity valuations - Provision of expert witness testimony Get in touch with one of our expert forensic accountant specialists to discuss how we can assist you by calling us on (02)

2 TABLE OF CONTENTS Page No. Table of Multipliers - $1 Per Week for 1 to 90 Years - 3% and 5% 1 - $1 Deferred for 1 to 90 Years - 3% and 5% 2 - $1 Per Week & $1 Deferred for - 2%, 4%, 6%, 7%, 8% and 10% 3 Rates for the Provision of Attendant Care Services 4 Non-Economic Loss Damages - Motor Accidents After 26 September Civil Liability Act Section 16 6 Schedule of Indexed Amounts - Motor Accidents Compensation Act 1999, Motor Accident Injuries Act 2017 & Civil Liability Act Workers Compensation Act Workers Compensation (Dust Diseases) Act Average Weekly Earnings of Total Employees - New South Wales 10 - Australia 11 - Industries - Australia 12 Interest on Judgments - Interest up to Judgement (Uniform Civil Procedure Rules) 13 - Interest Post Judgement (Uniform Civil Procedure Rules) 14 - Civil Liability Act Section Life Expectancy Tables, Australia to Medium Life Expectancies, Australia Cost of Fund Management - Explanatory Notes on Calculation of Fund Management Tables 18 - Present Day Value Approach - 3% Discount Rate 19 - Present Day Value Approach - 5% Discount Rate 20 - Actual Value Approach - 3% Discount Rate 21 - Actual Value Approach - 5% Discount Rate 22 Australian Resident Individual Income Tax Rates - Financial Years 2012 to Net Weekly Wage After Income Tax - Financial Years 2012 to Consumer Price Index - Percentage Changes 25 Cents per Kilometre Rates & Superannuation Guarantee 26 Loss of Superannuation - Approaches per Najdovski -v- Crnojlovic [2008] NSWCA Guideline For Information Required To Assess Economic Loss 28

3 Page 1 TABLE OF MULTIPLIERS - $1 PER WEEK Present Lump Sum Equivalent in Value to a Sum of $1 Per Week for Periods from 1 to 90 Years Calculated at Discount Rates of 3% and 5% Years 3% 5% Years 3% 5% Years 3% 5% , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,056.2

4 Page 2 TABLE OF MULTIPLIERS - $1 DEFERRED Present Lump Sum Equivalent in Value to a Sum of $1 Deferred for Periods from 1 to 90 Years Calculated at Discount Rates of 3% and 5% Years 3% 5% Years 3% 5% Years 3% 5%

5 Page 3 TABLE OF MULTIPLIERS - $1 PER WEEK AND $1 DEFERRED Present Value Equivalents for Discount Rates of 2%, 4%, 6%, 7%, 8% and 10% $1 Per Week $1 Deferred Years 2% 4% 6% 7% 8% 10% 2% 4% 6% 7% 8% 10% , , , , , , , , , , , , , , , , ,

6 Page 4 Updated: 24 April 2018 RATES FOR THE PROVISION OF ATTENDANT CARE SERVICES Period Gross Wage Before Tax Rate Per Hour - 1/40th 21/02/2009 to 15/05/ /05/2009 to 21/08/ /08/2009 to 20/11/ /11/2009 to 19/02/ /02/2010 to 21/05/ /05/2010 to 20/08/ /08/2010 to 19/11/ /11/2010 to 18/02/2011 1, /02/2011 to 20/05/2011 1, /05/2011 to 19/08/2011 1, /08/2011 to 18/11/2011 1, /11/2011 to 17/02/2012 1, /02/2012 to 18/05/2012 1, /05/2012 to 16/11/2012 1, /11/2012 to 17/05/2013 1, /05/2013 to 15/11/2013 1, /11/2013 to 16/05/2014 1, /05/2014 to 21/11/2014 1, /11/2014 to 15/05/2015 1, /05/2015 to 20/11/2015 1, /11/2015 to 20/05/2016 1, /05/2016 to 18/11/2016 1, /11/2016 to 19/05/2017 1, /05/2017 to 17/11/2017 1, SOURCE: Australian Bureau of Statistics - Catalogue No NOTE: The above amounts are applicable to the following: - Motor Accidents Compensation Act 1999, Section 141B - Motor Accidents Act 1988, Section 72 - Civil Liability Act 2002, Sections 15 and 15A

7 Page 5 Effective Date: 1 October 2017 NON ECONOMIC LOSS DAMAGES FOR ACCIDENTS OCCURRING AFTER MIDNIGHT ON 26 SEPTEMBER 1995 Section 79A of the NSW Motor Accidents Act 1988 % of % of Max Award % of % of Max Award MEC Amount (Rounded) MEC Amount (Rounded) 100% 100% 527,000 50% 50% 263,500 99% 99% 521,500 49% 49% 258,000 98% 98% 516,500 48% 48% 253,000 97% 97% 511,000 47% 47% 247,500 96% 96% 506,000 46% 46% 242,500 95% 95% 500,500 45% 45% 237,000 94% 94% 495,500 44% 44% 232,000 93% 93% 490,000 43% 43% 226,500 92% 92% 485,000 42% 42% 221,500 91% 91% 479,500 41% 41% 216,000 90% 90% 474,500 40% 40% 211,000 89% 89% 469,000 39% 39% 205,500 88% 88% 464,000 38% 38% 200,500 87% 87% 458,500 37% 37% 195,000 86% 86% 453,000 36% 36% 189,500 85% 85% 448,000 35% 35% 184,500 84% 84% 442,500 34% 34% 179,000 83% 83% 437,500 33% 33% 174,000 82% 82% 432,000 32% 30.0% 158,000 81% 81% 427,000 31% 26.0% 137,000 80% 80% 421,500 30% 23.0% 121,000 79% 79% 416,500 29% 18.0% 95,000 78% 78% 411,000 28% 14.0% 74,000 77% 77% 406,000 27% 10.0% 52,500 76% 76% 400,500 26% 8.0% 42,000 75% 75% 395,500 25% 6.5% 34,500 74% 74% 390,000 24% 5.5% 29,000 73% 73% 384,500 23% 5.0% 26,500 72% 72% 379,500 22% 4.5% 23,500 71% 71% 374,000 21% 4.0% 21,000 70% 70% 369,000 20% 3.5% 18,500 69% 69% 363,500 19% 3.0% 16,000 68% 68% 358,500 18% 2.5% 13,000 67% 67% 353,000 17% 2.0% 10,500 66% 66% 348,000 16% 1.5% 8,000 65% 65% 342,500 15% 1.0% 5,500 64% 64% 337,500 14% 63% 63% 332,000 13% 62% 62% 326,500 12% 61% 61% 321,500 11% 60% 60% 316,000 10% 59% 59% 311,000 9% 58% 58% 305,500 8% 57% 57% 300,500 7% NO DAMAGES TO BE AWARDED 56% 56% 295,000 6% 55% 55% 290,000 5% 54% 54% 284,500 4% 53% 53% 279,500 3% 52% 52% 274,000 2% 51% 51% 269,000 1% NOTES: 1. Maximum Amount = $527, "MEC" denotes Most Extreme Case 3. "Max Amount" denotes the maximum amount to be awarded for non economic loss damages per Section 79A (5) 4. Award amounts have been rounded to the nearest $500 per Section 79A (7)

8 Page 6 Effective Date: 1 October 2017 DETERMINATION OF DAMAGES FOR NON ECONOMIC LOSS Section 16 of the Civil Liability Act 2002 No 22 % of % of Max Award % of % of Max Award MEC Amount (Rounded) MEC Amount (Rounded) 100% 100% 612,500 50% 50% 306,500 99% 99% 606,500 49% 49% 300,000 98% 98% 600,500 48% 48% 294,000 97% 97% 594,000 47% 47% 288,000 96% 96% 588,000 46% 46% 282,000 95% 95% 582,000 45% 45% 275,500 94% 94% 576,000 44% 44% 269,500 93% 93% 569,500 43% 43% 263,500 92% 92% 563,500 42% 42% 257,500 91% 91% 557,500 41% 41% 251,000 90% 90% 551,500 40% 40% 245,000 89% 89% 545,000 39% 39% 239,000 88% 88% 539,000 38% 38% 233,000 87% 87% 533,000 37% 37% 226,500 86% 86% 527,000 36% 36% 220,500 85% 85% 520,500 35% 35% 214,500 84% 84% 514,500 34% 34% 208,500 83% 83% 508,500 33% 33% 202,000 82% 82% 502,000 32% 30.0% 184,000 81% 81% 496,000 31% 26.0% 159,500 80% 80% 490,000 30% 23.0% 141,000 79% 79% 484,000 29% 18.0% 110,500 78% 78% 478,000 28% 14.0% 86,000 77% 77% 471,500 27% 10.0% 61,500 76% 76% 465,500 26% 8.0% 49,000 75% 75% 459,500 25% 6.5% 40,000 74% 74% 453,500 24% 5.5% 33,500 73% 73% 447,000 23% 5.0% 30,500 72% 72% 441,000 22% 4.5% 27,500 71% 71% 435,000 21% 4.0% 24,500 70% 70% 429,000 20% 3.5% 21,500 69% 69% 422,500 19% 3.0% 18,500 68% 68% 416,500 18% 2.5% 15,500 67% 67% 410,500 17% 2.0% 12,500 66% 66% 404,500 16% 1.5% 9,000 65% 65% 398,000 15% 1.0% 6,000 64% 64% 392,000 14% 63% 63% 386,000 13% 62% 62% 380,000 12% 61% 61% 373,500 11% 60% 60% 367,500 10% 59% 59% 361,500 9% 58% 58% 355,500 8% 57% 57% 349,000 7% NO DAMAGES TO BE AWARDED 56% 56% 343,000 6% 55% 55% 337,000 5% 54% 54% 331,000 4% 53% 53% 324,500 3% 52% 52% 318,500 2% 51% 51% 312,500 1% NOTES: 1. Maximum Amount = $612, "MEC" denotes Most Extreme Case 3. "Max Amount" denotes the maximum amount to be awarded for non economic loss damages per Section 16 (2) 4. Award amounts have been rounded to the nearest $500 per Section 16 (4) 5. The Civil Liability Act 2002 No 22 replaces the Non Economic Loss Damages of the Health Care Liability Act 2001

9 Page 7 Updated: 1 October 2017 SCHEDULE OF INDEXED AMOUNTS Latest Amount $ Motor Accidents Compensation Act 1999 Section Damages for Past and Future Economic Loss - Maximum for Loss of Earnings etc. In the case of any such award, the court is to disregard the amount (if any) by which the injured or deceased person's net weekly earnings would (but for the injury or death) have exceeded an amount: - Net Weekly Earnings 1-Oct-17 4,834 Section Maximum Amount of Damages for Non-Economic Loss 1-Oct ,000 Motor Accident Injuries Act 2017 Section Maximum Weekly Statutory Benefits Amount Section Maximum Amount for Non Economic Loss Damages 1-Oct-17 3,899 1Oct17 1-Oct ,000 Civil Liability Act 2002 Section 12 - Damages for Past and Future Economic Loss - Maximum for Loss of Earnings etc. In the case of any such award, the court is to disregard the amount (if any) by which the claimant s gross weekly earnings would (but for the injury or death) have exceeded an amount that is 3 times the amount of average weekly earnings at the date of the award [Sec.12(2)]. For the purpose of this section, the amount of average weekly earnings at the date of an award is, the amount per week comprising the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in New South Wales for the most recent quarter occurring before the date of the award for which such an amount has been estimated by the Australian Statistician and that is, at that date, available to the court making the award [Sec. 12(3)(a)]. Average Weekly Earnings Maximum Amount Allowable - Gross Weekly Earnings 17-Nov-17 1, , NOTE: It is assumed the Average Weekly Earnings is the All Persons Total Earnings of New South Wales (original series) as supplied by the Australian Bureau of Statistics (Catalogue No ), and set out at page 10.

10 Page 8 Updated: 24 April 2018 SCHEDULE OF INDEXED BENEFIT PAYMENTS - WORKERS COMPENSATION ACT 1987 Applicable Period Section 5-Aug-15 1-Apr-16 1-Oct-16 1-Apr-17 1-Oct-17 1-Apr-18 to to to to to to 31-Mar Sep Mar Sep Mar Sep-18 Benefits Payable for the Death of a Worker Death of worker: Lump sum to dependants - for accidents occurring on or after 5 August 2015 Section 25(1)(a) 750, , , , , Weekly payment to each dependent child Section 25(1)(b) Maximum Weekly Benefit Payable Maximum Weekly Payment for the first 26 weeks Section 35 2, , , , , , Weekly payment after 26 weeks: Maximum Section 37(1)(a)(i) )(i) Minimum for workers aged 21 or more Section 37(1)(a)(ii) Where Average Weekly Earnings do not exceed: Section 37(1)(a)(iii) then the weekly payment is 100% of earnings, subject to an upper limit of: Additional payments for: (a) dependent spouse Section 37(1)(b) (b) 1 dependent child Section 37(1)(c) (c) 2 dependent children (d) 3 dependent children (e) 4 dependent children (f) each additional child in excess of four Maximum Weekly Compensation Transitional Amount Schedule 6, Part 19H, Clause 2(1) , , , , , Special Provision for Workers with Highest Needs Section 38(1) & Section 82BA Notes: The Workers Compensation Legislation Amendment Act 2012 and Workers Compensation Amendment Act 2015 modified weekly payment arrangements for all new and existing workers compensation claims, except for claims from: - Police officers, paramedics and fire fighters - Workers injured while working in or around a coal mine - Bush fire fighter and emergency service volunteers (Rural Fire Service, Surf Life Savers, SES volunteers) - People with a dust disease claim under the Workers Compensation (Dust Diseases) Act Under the Workers Compensation Amendment Act 2015, lump sum benefits payable upon the death of a worker (i.e. Section 25 (1)(a)) where the death occurs on or after 5 August 2015, are from 16 October 2015, entitled to an increased maximum lump sum benefit of $750,000, which will be indexed. These increased benefits do not apply for the purposes of the Workers Compensation (Dust Diseases) Act 1942 or to coal miners (see Cl 3 and 15 of Part 19I of Schedule 6 to the 1987 Act).

11 Page 9 Updated: 24 April 2018 SCHEDULE OF INDEXED BENEFIT PAYMENTS - WORKERS COMPENSATION (DUST DISEASES) ACT 1942 Section Applicable Period 1-Oct-15 1-Apr-16 1-Oct-16 1-Apr-17 1-Oct-17 1-Apr-18 to to to to to to 31-Mar Sep Mar Sep Mar Sep-18 Benefits Payable for Fatalities Death of worker: Lump sum to dependants Section 8(2B)(b)(i) 335, , , , , , Weekly payment to the dependent spouse Section 8(2B)(b)(ii) Weekly payment to each dependent child Section 8(2B)(b)(iii) Maximum Weekly Benefits Payable Weekly payment after 26 weeks: Section 8(2)(a) Maximum Minimum for workers aged 21 or more Where Avg. Weekly Earnings do not exceed: then the weekly payment is 100% of earnings, subject to an upper limit of: Additional payments for: (a) dependent spouse (b) 1 dependent child (c) 2 dependent children (d) 3 dependent children (e) 4 dependent children (f) each additional child in excess of four

12 Page 10 Updated: 24 April 2018 Average Weekly Earnings of Total Employees, New South Wales Males Females Persons Full Time Adults All Males Full Time Adults All Females Full Time Adults All Persons Ordinary Ordinary Ordinary Time Total Total Time Total Total Time Total Total Period End Earnings Earnings Earnings Earnings Earnings Earnings Earnings Earnings Earnings 2012 May 1, , , , , , , , November 1, , , , , , , , May 1, , , , , , , , November 1, , , , , , , , May 1, , , , , , , , November 1, , , , , , , , May 1, , , , , , , , November 1, , , , , , , , May 1, , , , , , , , November 1, , , , , , , , May 1, , , , , , , , November 1, , , , , , , , , SOURCE: Australian Bureau of Statistics - Catalogue No NOTE: Earnings are gross before income tax.

13 Page 11 Updated: 24 Apri l2018 Average Weekly Earnings of Total Employees, Australia Males Females Persons Full Time Adults All Males Full Time Adults All Females Full Time Adults All Persons Ordinary Ordinary Ordinary Time Total Total Time Total Total Time Total Total Period End Earnings Earnings Earnings Earnings Earnings Earnings Earnings Earnings Earnings 2012 May 1, , , , , , , , November 1, , , , , , , , May 1, , , , , , , , November 1, , , , , , , , May 1, , , , , , , , November 1, , , , , , , , May 1, , , , , , , , November 1, , , , , , , , May 1, , , , , , , , November 1, , , , , , , , May 1, , , , , , , , November 1, , , , , , , , SOURCE: Australian Bureau of Statistics - Catalogue No NOTE: Earnings are gross before income tax.

14 Page 12 Updated: 24 April 2018 Average Weekly Earnings of Employees, Industries, Australia Males Females Persons Full Time Adults All Males Full Time Adults All Females Full Time Adults All Persons Ordinary Ordinary Ordinary Time Total Total Time Total Total Time Total Total Period End Earnings Earnings Earnings Earnings Earnings Earnings Earnings Earnings Earnings November 2017 Mining 2, , , , , , , , , Manufacturing 1, , , , , , , , , Electricity, gas, water and waste services 1, , , , , , , , , Construction 1, , , , , , , , Wholesale l trade 1, , , , , , , , , Retail trade 1, , , , , , Accommodation and food services 1, , , , , , Transport, postal and warehousing 1, , , , , , , , , Information media and telecommunications 2, , , , , , , , , Financial and insurance services 2, , , , , , , , , Rental, hiring and real estate services 1, , , , , , , , Professional, scientific and technical services 1, , , , , , , , , Administrative and support services 1, , , , , , , , Public administration and safety 1, , , , , , , , , Education and training 1, , , , , , , , , Health care and social assistance 1, , , , , , , , Arts and recreation services 1, , , , , , Other services 1, , , , , , , Total All Industries 1, , , , , , , , SOURCE: NOTE: Australian Bureau of Statistics - Catalogue No Earnings are gross before income tax.

15 Page 13 Updated: 24 April 2018 Interest Up to Judgment Uniform Civil Procedure Rules Section 6.12 (8) and Civil Procedure Act Section 100 RBA Cash Interest Published Date Applicable Period Rate Rate 31/12/2010 1/01/2011 to 30/06/ % 8.75% 30/06/2011 1/07/2011 to 31/12/ % 8.75% 30/12/2011 1/01/2012 to 30/06/ % 8.25% 29/06/2012 1/07/2012 to 31/12/ % 7.50% 31/12/2012 1/01/2013 to 30/06/ % 7.00% 28/06/2013 1/07/2013 to 31/12/ % 6.75% 31/12/2013 1/01/2014 to 30/06/ % 6.50% 30/06/2014 1/07/2014 to 31/12/ % 6.50% 31/12/2014 1/01/2015 to 30/06/ % 6.50% 30/06/2015 1/07/2015 to 31/12/ % 6.00% 31/12/2015 1/01/2016 to 30/06/ % 6.00% 30/06/2016 1/07/2016 to 31/12/ % 5.75% 30/12/2016 1/01/2017 to 30/06/ % 5.50% 30/06/2017 1/07/2017 to 31/12/ % 5.50% 29/12/2017 1/01/2018 to 30/06/ % 5.50% The prescribed rate at which pre judgement interest may be awarded is 4% above the last cash rate published by the Reserve Bank of Australia ("RBA") before the period commenced, by reference to the periods: - 1 January to 30 June in any year; and - 1 July to 31 December any year. Source:

16 Page 14 Updated: 24 April 2018 Interest Post Judgment Uniform Civil Procedure Rules Rule 36.7 and Civil Procedure Act Section 101 RBA Cash Interest Published Date Applicable Period Rate Rate 31/12/2010 1/01/2011 to 30/06/ % 10.75% 30/06/2011 1/07/2011 to 31/12/ % 10.75% 30/12/2011 1/01/2012 to 30/06/ % 10.25% 29/06/2012 1/07/2012 to 31/12/ % 9.50% 31/12/2012 1/01/2013 to 30/06/ % 9.00% 28/06/2013 1/07/2013 to 31/12/ % 8.75% 31/12/2013 1/01/2014 to 30/06/ % 8.50% 30/06/2014 1/07/2014 to 31/12/ % 8.50% 31/12/2014 1/01/2015 to 30/06/ % 8.50% 30/06/2015 1/07/2015 to 31/12/ % 8.00% 31/12/2015 1/01/2016 to 30/06/ % 8.00% 30/06/2016 1/07/2016 to 31/12/ % 7.75% 30/12/2016 1/01/2017 to 30/06/ % 7.50% 30/06/2017 1/07/2017 to 31/12/ % 7.50% 29/12/2017 1/01/2018 to 30/06/ % 7.50% The prescribed rate at which post judgement interest may be awarded: - Up to and including 30 June 2010 interest is to be calculated by reference to Schedule 5 rates. - From 1 July 2010, the prescribed interest rate payable is 6% above the last cash rate published by the Reserve Bank of Australia before the period commenced, by reference to the periods: * 1 January to 30 June in any year; and * 1 July to 31 December any year. Source:

17 Page 15 Updated: 24 April 2018 Interest on Damages Civil Liability Act Section 18 Published Date Applicable Period Interest Rate 4/01/2011 1/03/2011 to 31/08/ % 1/07/2011 1/09/2011 to 29/02/ % 3/01/2012 1/03/2012 to 31/08/ % 2/07/2012 1/09/2012 to 28/02/ % 2/01/2013 1/03/2013 to 31/08/ % 1/07/2013 1/09/2013 to 28/02/ % 2/01/2014 1/03/2014 to 31/08/ % 1/07/2014 1/09/2014 to 28/02/ % 2/01/2015 1/03/2015 to 31/08/ % 1/07/2015 1/09/2015 to 29/02/ % 4/01/2016 1/03/2016 to 31/08/ % 1/07/2016 1/09/2016 to 28/02/ % 3/01/2017 1/03/2017 to 31/08/ % 3/07/2017 1/09/2017 to 28/02/ % 2/01/2018 1/03/2018 to 31/08/ % The relevant interest rate is represented by the Commonwealth Government 10 Year benchmark bond rate as published by the Reserve Bank of Australia and applies: - On the first business day of January each year (for the period from 1 March until 31 August of that - On ) the first business day of July each year (for the period from 1 September until the last day of February of the following year). Source:

18 Page 16 Updated: 19 October 2017 LIFE EXPECTANCY TABLES, AUSTRALIA, Age Male Female Age Male Female Age Male Female Age Male Female SOURCE: Australian Bureau of Statistics - Life Tables, States, Territories and Australia, Catalogue No Table 1.9

19 Page 17 Updated: 24 April 2018 MEDIUM LIFE EXPECTANCIES, AUSTRALIA, 2018 The following table is prepared by Cumpston Sarjeant Pty Ltd - consulting actuaries and has been reproduced with their permission. This table and their contact details can be found at their website or phone them (03) Cumpston Sarjeant advise, "Life expectancies allow for mortality improvements (a principle accepted in Golden Eagle International Trading Pty Ltd -v- Zhang [2007] HCA 15). Life expectancies were derived from the medium rate assumptions used by the Australian Bureau of Statistics in "Population Projections Australia, 2012 (base) ". A supporting paper by Richard Cumpston and Hugh Sarjeant is published at (1998) Torts Law Journal 85." Age Male Female Age Male Female Age Male Female Age Male Female

20 Page 18 Explanatory Notes on Calculation of Fund Management Tables The cost of fund management tables set out at pages 20 to 23 have been based on: 1. The New South Wales Trustee and Guardian ("NSWTG") fee structure, which has changed effective from 1 July The fund management costs set out at pages 19 to 22 are based on the revised NSWTG fee structure; and 2. The decision in Gray -v- Richards [2014] HCA (15 October 2014), which: a) b) Confirmed cost of fund management on fund management costs can be claimed; and Did not prescribe the methodology to calculate these amounts. Accordingly, it is unclear whether the cost of fund management on fund management costs calculations are to be based upon: i) ii) The Present Day Value - we will refer to this as the "Present Day Value Approach"; or The Actual Value - we will refer to this as the "Actual Value Approach". We have prepared calculations adopting both approaches, as well as the 3% and 5% discount rates as follows: Approach Discount Rate Page No Present Day Value 3% 19 Present Day Value 5% 20 Actual Value 3% 21 Actual Value 5% 22 The Present Day Value approach is based on the approach adopted in previous editions of the Furzer Crestani Assessment Handbook. 3. Consideration of the cap on annual Management Fee. In this respect: a) b) The cap on annual Management Fee of $15,000 is applied on a financial year basis; Six monthly reviews of Management Fees are undertaken by the NSWTG in December and June of each year; and c) Where the client has been charged a monthly Management Fee in excess of the annual $15,000 cap, the overcharged fees are rebated in either December or June. 4. A commencement date of calculation of 1 January has been adopted. If a different commencement date is adopted, this may impact the cost of fund management quantum due to the application of the annual $15,000 Management Fee cap.

21 Page 19 PRESENT DAY VALUE APPROACH OF COST OF FUND MANAGEMENT ON FUND MANAGEMENT COSTS USING 3% DISCOUNT RATE Value of Damages ,000 39,303 56,123 71,922 86, , , , , , , , ,787 1,000,000 74, , , , , , , , , , , ,696 1,500, , , , , , , , , , , , ,718 2,000, , , , , , , , , , , , ,154 2,500, , , , , , , , , , , , ,227 3,000, , , , , , , , , , , , ,045 3,500, , , , , , , , , , , , ,390 4,000, , , , , , , , , , , , ,397 4,500, , , , , , , , , , , , ,389 5,000, , , , , , , , , , , , ,846 5,500, , , , , , , , , , , , ,830 6,000, , , , , , , , , , , , ,589 6,500, , , , , , , , , , , , ,100 7,000, , , , , , , , , , , , ,454 NOTE: Before any reliance is placed on the above table, please read the Explanatory Notes on the Calculation of Fund Management Tables as set out at page 18. Furzer Crestani Forensic 201 Forensic Accounting and Financial Investigations

22 Page 20 PRESENT DAY VALUE APPROACH OF COST OF FUND MANAGEMENT ON FUND MANAGEMENT COSTS USING 5% DISCOUNT RATE Value of Damages ,000 37,051 51,295 63,827 74,864 84,514 93, , , , , , ,579 1,000,000 70,230 98, , , , , , , , , , ,952 1,500,000 96, , , , , , , , , , , ,938 2,000, , , , , , , , , , , , ,503 2,500, , , , , , , , , , , , ,732 3,000, , , , , , , , , , , , ,291 3,500, , , , , , , , , , , , ,770 4,000, , , , , , , , , , , , ,676 4,500, , , , , , , , , , , , ,243 5,000, , , , , , , , , , , , ,613 5,500, , , , , , , , , , , , ,844 6,000, , , , , , , , , , , , ,016 6,500, , , , , , , , , , , , ,093 7,000, , , , , , , , , , , , ,104 NOTE: Before any reliance is placed on the above table, please read the Explanatory Notes on the Calculation of Fund Management Tables as set out at page 18.

23 Page 21 ACTUAL VALUE APPROACH OF COST OF FUND MANAGEMENT ON FUND MANAGEMENT COSTS USING 3% DISCOUNT RATE Value of Damages ,000 39,573 56,958 73,809 90, , , , , , , , ,047 1,000,000 75, , , , , , , , , , , ,839 1,500, , , , , , , , , , , , ,953 2,000, , , , , , , , , , , , ,233 2,500, , , , , , , , , , , , ,850 3,000, , , , , , , , , , , , ,943 3,500, , , , , , , , , , , , ,070 4,000, , , , , , , , , , , , ,030 4,500, , , , , , , , , , , , ,227 5,000, , , , , , , , , , , , ,877 5,500, , , , , , , , , , , , ,162 6,000, , , , , , , , , , , , ,195 6,500, , , , , , , , , , , , ,952 7,000, , , , , , , , , , , , ,579 NOTE: Before any reliance is placed on the above table, please read the Explanatory Notes on the Calculation of Fund Management Tables as set out at page 18.

24 Page 22 ACTUAL VALUE APPROACH OF COST OF FUND MANAGEMENT ON FUND MANAGEMENT COSTS USING 5% DISCOUNT RATE Value of Damages ,000 37,444 52,474 66,316 79,295 91, , , , , , , ,045 1,000,000 70, , , , , , , , , , , ,831 1,500,000 96, , , , , , , , , , , ,740 2,000, , , , , , , , , , , , ,399 2,500, , , , , , , , , , , , ,424 3,000, , , , , , , , , , , , ,914 3,500, , , , , , , , , , , , ,631 4,000, , , , , , , , , , , , ,821 4,500, , , , , , , , , , , , ,770 5,000, , , , , , , , , , , , ,525 5,500, , , , , , , , , , , , ,085 6,000, , , , , , , , , , , , ,550 6,500, , , , , , , , , , , , ,974 7,000, , , , , , , , , , , , ,288 NOTE: Before any reliance is placed on the above table, please read the Explanatory Notes on the Calculation of Fund Management Tables as set out at page 18.

25 Page 23 Updated: 1 October 2017 AUSTRALIAN RESIDENT INDIVIDUAL TAX RATES Financial Taxable Tax on Marginal % on Tax Rate Year Ended Income Taxable Income On Excess 30 June ,200 Nil 19% in excess of $18,200 37,000 3, % in excess of $37,000 87,000 19, % in excess of $87, ,000 54, % in excess of $180,000 Medicare Levy = 2.0% 30 June ,200 Nil 19% in excess of $18,200 37,000 3, % in excess of $37,000 87,000 19, % in excess of $87, ,000 54, %# in excess of $180,000 Medicare Levy = 2.0% 30 June ,200 Nil 19% in excess of $18,200 and 37,000 3, % in excess of $37, June ,000 17, % in excess of $80, ,000 54, %# in excess of $180,000 Medicare Levy = 2.0% 30 June ,200 Nil 19% in excess of $18,200 and 37,000 3, % in excess of $37, June ,000 17, % in excess of $80, ,000 54, % in excess of $180,000 Medicare Levy = 1.5% 30 June ,000 Nil 15% in excess of $6,000 37,000 4, % in excess of $37,000 80,000 17, % in excess of $80, ,000 54, % in excess of $180,000 Medicare Levy = 1.5% Taxable Income Nil to $50,000 $50,001 to $100,000 over $100,000 Flood Levy: Flood Levy Nil 0.5 cents for each $1 over $50,000 $250 plus 1 cent for each $1 over $100,000 The above tax rates do not consider rebates. N.B. "#" denotes the Temporary Budget Repair Levy is included in the years ended 30 June 2015, 2016 and 2017 Furzer Crestani Forensic 201 Forensic Accounting and Financial Investigations

26 Page 24 Updated: 1 October 2017 NET WEEKLY WAGE AFTER INCOME TAX Gross Gross Weekly Yearly 2012 and and and Wage Wage ,218-15,654 NO TAX APPLICABLE , , , , , , , , , , , , , , , , , ,000 52, ,050 54, ,100 57, ,150 60, ,200 62, ,250 65, ,300 67,834 1, , , , ,350 70,443 1, , , , ,400 73,052 1, , , , ,450 75,661 1, , , , ,500 78,270 1, , , , ,550 80,879 1, , , , ,600 83,488 1, , , , ,650 86,097 1, , , , ,700 88,706 1, , , , ,750 91,315 1, , , , ,800 93,924 1, , , , ,850 96,533 1, , , , ,900 99,142 1, , , , , ,751 1, , , , , ,360 1, , , , The annual wage is assumed to be equal to the taxable income. The net wages after income tax have been calculated including the Medicare Levy and low income rebate. For the year ended 30 June 2012, the net wage has been calculated after deducting the Flood Levy, where applicable.

27 Page 25 Updated: 1 October 2017 CONSUMER PRICE INDEX - PERCENTAGE CHANGES Year Ended Sydney Australia 30 June % 3.1% 30 June % 3.6% 30 June % 1.2% 30 June % 2.4% 30 June % 3.0% 30 June % 1.5% 30 June % 1.0% 30 June % 1.9% Note: Percentage change is from the corresponding quarter of the previous year. Source: Australian Bureau of Statistics - Catalogue No Furzer Crestani Forensic 2018 Forensic Accounting and Financial Investigations

28 Page 26 Updated: 1 October 2017 PER KILOMETRE COST FOR MOTOR VEHICLE Engine Capacity Small Car Medium Car Large Car Year Ended No Rotary Engine 1600 cc 1601cc to 2600cc 2601cc 30 June With Rotary Engine 800 cc 801cc to 1300cc 1301cc cents per kilometre cents per kilometre cents per kilometre The Government simplified the motor vehicle deductions for the year ended 30 June 2016 and continuing. From 1 July 2015, separate rates based on the size of the engine are no longer available, i.e. under the revised method, there is only one rate: Year Ended cents per kilometre 30 June SUPERANNUATION GUARANTEE The Superannuation Guarantee Charge ("SGC") legislation requires employers to provide superannuation contributions on their employee's ordinary time earnings. The SGC percentages listed below have been updated in accordance with the Minerals Resource Rent Tax Repeal and Other Measures Act Period SGC Rate 1/07/2013 to 30/06/ % 1/07/2014 to 30/06/ % 1/07/2015 to 30/06/ % 1/07/2016 to 30/06/ % 1/07/2017 to 30/06/ % 1/07/2018 to 30/06/ % 1/07/2019 to 30/06/ % 1/07/2020 to 30/06/ % 1/07/2021 to 30/06/ % 1/07/2022 to 30/06/ % 1/07/2023 to 30/06/ % 1/07/2024 to 30/06/ % 1/07/2025 and continuing 12.00% Source: Australian Taxation Office

29 Page 27 Updated: 1 October 2017 Years to Retirement LOSS OF SUPERANNUATION - APPROACHES PER NAJDOVSKI v CRNOJLOVIC [2008] NSWCA175 FROM 1 JULY 2017 Average Super % of Future Income Loss based on: Gross Before Tax Net After Tax Amounts Amounts % 11.61% % 11.61% % 11.61% % 11.61% % 11.73% % 11.92% % 12.13% % 12.38% % 12.63% % 12.83% % 13.00% % 13.14% % 13.26% % 13.36% % 13.44% % 13.52% % 13.59% % 13.65% % 13.70% % 13.75% % 13.79% % 13.83% % 13.87% % 13.90% % 13.93% % 13.96% % 13.99% % 14.01% % 14.03% % 14.06% % 14.08% % 14.09% % 14.11% % 14.13% % 14.14% % 14.16% % 14.17% % 14.18% % 14.20% % 14.21% % 14.22% % 14.23% % 14.24% % 14.25% % 14.26% % 14.27% % 14.28% % 14.28% % 14.29% % 14.30% The above table provides indicative average percentage of loss of superannuation entitlement to be applied to future income loss amounts for employees where future income loss is a constant weekly amount. Care is required to ensure the correct start date is adopted as well as whether future income loss amounts are gross before tax or net after tax.

30 Page 28 Guideline For Information Required To Assess Economic Loss Set out below is a guideline of information that may be required in order to assess economic loss (this is not exhaustive). The information required will be dependant upon the plaintiff's claim for economic loss, entity structure and related industry. Information may not be fully available and therefore, documents and records not normally requested may be required in order to re-construct missing information. Information, documents and source records commonly requested may include the following for a period of four (4) full financial years prior to the event and to date (inclusive): Individuals - Employed - personal income tax returns and notice of income tax assessments - a detailed chronology of the plaintiff's employment history - the plaintiff s educational and other qualifications - details of the plaintiff's position pre and post-event such as, nature of duties, gross weekly wages (ordinary, overtime, allowances, etc., hours worked) and confirmation of details from employer - details of the applicable state or federal industrial award governing the plaintiff's position - details of comparable employee/s, such as name, gross weekly wage (ordinary and overtime), nature of duties - intentions of plaintiff, i.e. career goals, including promotional path - superannuation benefits * annual statements (pre and post event), closing superannuation fund balances on member accounts * contributions made on behalf of the plaintiff by the employer * contributions made by the plaintiff * terms and conditions of the superannuation fund * date of entry as member of the superannuation fund * financial performance of the superannuation fund * details of actual payments from the superannuation fund Businesses - i.e. for all types of entities - the plaintiff's business income tax returns including full detailed profit & loss statements and balance sheets including depreciation schedules, and any schedules/annexures - the plaintiff's and plaintiff's spouse personal income tax returns and notice of income tax assessments (if available) - industry or government statistics - roles and duties of plaintiff and employees - wage records for the determination of substitute labour - depending on the type of claim, the following records may be needed for the same period, such as: * gross income records (e.g. invoice books) * bank deposit/receipt books * bank statements * cash/cheque payment books/records/cheque butts * general ledger records * wage records/books, group certificates, PAYG statements * superannuation benefits (same as individual - employed) * lease agreements * minute books * management accounts * diaries, appointment books, etc. Compensation to Relatives Claims - the records required would include the above (depending on the deceased's business structure) and also include the following for 2 to 3 years prior to the deceased s death: * detailed and itemised household expenditure and saving patterns * individual expenditure and saving pattern of the deceased * names and dates of birth of spouse, children and other dependants * details of whether the spouse (and/or other dependants) was (were) actually involved in the business