---
title: "Record the generative AI limits before a liability expert is instructed"
url: "https://ailawframework.com/practice/health-and-medical-law/record-the-generative-ai-limits-before-a-liability-expert-is-instructed"
type: "task"
site: "AI Law Framework"
id: "A32-MN20261023-6"
practice_area: "Health & Medical Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Record the generative AI limits before a liability expert is instructed

> From the forum the lawyer has named, set out the generative AI limits opened for a liability expert's report and for evidentiary material, as a note the lawyer uses when instructing.…

Canonical page: https://ailawframework.com/practice/health-and-medical-law/record-the-generative-ai-limits-before-a-liability-expert-is-instructed  
Last reviewed: 2026-10-25

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Health & Medical Law](https://ailawframework.com/practice/health-and-medical-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the forum the lawyer has named, set out the generative AI limits opened for a liability expert's report and for evidentiary material, as a note the lawyer uses when instructing. Do not draft the report, the instruction letter, or any evidentiary document. |
| What the lawyer must review | The lawyer decides the forum and what is said to the expert about generative AI. The tool does not draft the report or any evidentiary document. In New South Wales, paragraph 24 of Practice Note SC Gen 23 must be drawn to the expert. Health information stays in a firm-controlled tool, not a public one. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to the opened sections and check for a difference the table has missed.

- What the AI does: From the forum the lawyer has named, set out the generative AI limits opened for a liability expert's report and for evidentiary material, as a note the lawyer uses when instructing. Do not draft the report, the instruction letter, or any evidentiary document.
- What the lawyer does: The lawyer decides the forum and what is said to the expert about generative AI. The tool does not draft the report or any evidentiary document. In New South Wales, paragraph 24 of Practice Note SC Gen 23 must be drawn to the expert. Health information stays in a firm-controlled tool, not a public one.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Name the forum before copying a limit across. Do not put the New South Wales leave requirement on a Victorian or Queensland instruction.
2. Do not draft the expert report. Paragraph 20 of Practice Note SC Gen 23 forbids using generative AI to draft its content without leave.
3. Do not generate the content of an affidavit or witness statement. Paragraph 10 of Practice Note SC Gen 23 prohibits generating that content. Practice Note SC Gen 25 requires particular caution if generative AI is used to assist in preparing affidavit material, witness statements or other documents that form the evidence of a witness.
4. In Queensland, do not invent a leave requirement. The practice direction named on the courts page was not opened.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- Health information stays in a firm-controlled tool. Rule 9.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, as described by the Victorian Legal Services Board and Commissioner, and APP 11, apply. The lawyer decides whether any loss is notifiable under the Privacy Act 1988 (Cth).
- Paragraph 10 of Practice Note SC Gen 23 allows preparatory work. It does not allow the tool to generate the content of the evidentiary document.

## Sources

- [Supreme Court of New South Wales Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/content/dam/dcj/ctsd/supreme-court/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)
- [Supreme Court of Victoria Practice Note SC Gen 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (checked 2026-10-23)
- [Queensland Courts: using generative AI](https://www.courts.qld.gov.au/going-to-court/prepare-for-court/representing-yourself/using-generative-ai) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/health-and-medical-law/record-the-generative-ai-limits-before-a-liability-expert-is-instructed/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/health-and-medical-law/record-the-generative-ai-limits-before-a-liability-expert-is-instructed/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/health-and-medical-law/record-the-generative-ai-limits-before-a-liability-expert-is-instructed/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*