---
title: "How to use AI for expert reports in Australia"
url: "https://ailawframework.com/guides/ai-expert-reports-australia"
type: "how_to_guide"
site: "AI Law Framework"
practice_area: "Litigation and tribunals"
---

# How to use AI for expert reports in Australia

> Experts who use a generative tool need to be told the court’s rule, and the report needs a human check for citations the expert did not read.

Canonical page: https://ailawframework.com/guides/ai-expert-reports-australia

Site index for agents: https://ailawframework.com/llms.txt

## Check this before you rely on it

In the NSW Supreme Court, SC Gen 23 says generative AI must not be used to draft or prepare the content of an expert report, or any part of it, without prior leave. Uniform Civil Procedure Rules 2005 (NSW) rule 31.27 is to the same effect. If that leave has not been sought, the report must say that generative AI was not used. Federal Court GPN-AI still expects an authority to support the proposition. Another court may not have copied the New South Wales rule.

## Steps

1. **Tell the expert the court’s AI rule before they write.** Send the expert the practice note, not a summary from memory. In the NSW Supreme Court that is SC Gen 23. In the Federal Court it is GPN-AI. An expert who used a chatbot on a previous report will assume they may do it again unless the letter of instruction says otherwise.
2. **Require prior leave before generated content.** In the NSW Supreme Court, do not let the expert draft any part of the report with generative AI unless the Court has given prior leave. Put that in the instructions. If leave is not sought, the report has to say that generative AI was not used to generate its content. Disclosure of use is not a substitute for leave. A report that arrives with generated content and no leave is not ready to serve. Read the note of the forum before you assume the same rule.
3. **Check the report for generated citations.** Read every case and paper the report cites, the same way you would read citations in submissions. GPN-AI requires the authority to support the proposition. An expert’s confidence is not a substitute for the pinpoint. Remove anything you cannot open.
4. **Keep the instructions on the file.** Keep the letter of instruction, the note you sent, the expert’s disclosure and your citation check. If the court asks what the expert’s tool was allowed to do, the file should answer without a reconstruction.

## Questions

**Is it allowed to use AI for expert reports in Australia?**

It depends on the court. In the NSW Supreme Court, prior leave is required before generative AI drafts any part of an expert report. Saying that a tool was used does not replace that leave. Do not assume another court has copied the rule.

**What tools are used for expert reports?**

The expert’s own tools are a matter for the instructions and the court’s note. This guide does not approve a product for writing an expert opinion.

**Who checks the expert’s citations?**

The lawyers briefing the expert. A citation the expert cannot show you is not filed.

## Sources

- [NSW SC Gen 23](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf)
- [Federal Court GPN-AI](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ai)
- [UCPR r 31.27 (NSW): experts' reports](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_reg/ucpr2005305/s31.27.html)

## Related

- [Commercial litigation tasks](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md)
- [NSW SC Gen 23](https://ailawframework.com/courts/sc-gen-generative-ai-nsw-supreme-court.md)
- [Federal Court GPN-AI](https://ailawframework.com/courts/ai-practice-note-federal-court-of-australia.md)
- [Checking citations](https://ailawframework.com/guides/verify-ai-citations-australia.md)