---
title: "Record the Practice Note SC Gen 23 limits, including leave for an expert report"
url: "https://ailawframework.com/practice/health-and-medical-law/record-the-generative-ai-limits-before-a-liability-expert-is-instructed/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A32-MN20261023-6-NSW"
practice_area: "Health & Medical Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Record the Practice Note SC Gen 23 limits, including leave for an expert report

> From the forum the lawyer has named, set out the Practice Note SC Gen 23 limits for an expert report and for other 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/new-south-wales  
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 Practice Note SC Gen 23 limits for an expert report and for other 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. Draw Practice Note SC Gen 23 to the expert. Do not draft the report. Keep health and wage records in a firm-controlled tool, not a public one. ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth). |
| Written for | New South Wales |
| Applies to | [Record the generative AI limits before a liability expert is instructed](https://ailawframework.com/practice/health-and-medical-law/record-the-generative-ai-limits-before-a-liability-expert-is-instructed.md) |

## Checking plan

**Verify against sources**

Practice Note SC Gen 23 was issued on 28 January 2025 and commenced on 3 February 2025. Paragraph 20 says generative AI must not draft an expert report without prior leave, subject to paragraph 23. Paragraph 24 says the practice note must be drawn to the expert.

- What the AI does: From the forum the lawyer has named, set out the Practice Note SC Gen 23 limits for an expert report and for other 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: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Paragraph 20: subject to paragraph 23, generative AI must not be used to draft or prepare the content of an expert report, or any part of it, without prior leave.
2. Paragraph 23: for an expert report in a professional negligence claim filed and served under rule 31.36, leave to rely on a report prepared using generative AI must be sought at the first directions hearing.
3. Paragraph 24: draw this practice note to the expert when instructing.
4. Paragraph 10 bars generative AI from generating the content of evidentiary material that reflects a witness's evidence or opinion. Preparatory use is not prohibited. The note does not generate that content.

## Notes

- The practice note was read from the court HTML page and the text extracted for this batch. The PDF was not opened. Paragraph 23 also refers to a pre-filing statement under the Workplace Injury Management and Workers Compensation Act 1998. That is not this task.
- If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.

## Practical guide

Jurisdiction: New South Wales. A note of Practice Note SC Gen 23 limits before a liability expert is instructed.

**Deliverable**: A short note of the opened generative AI limits, used when the expert is instructed.

**Inputs**

- The forum the lawyer has named
- Whether the report would be filed under rule 31.36

**Example**: Illustrative example: The lawyer has named a professional negligence claim in the Supreme Court. The note records paragraphs 20, 23 and 24 and stops. It does not draft the report.

**Stop and escalate when**

- The tool is asked to draft the report or the instruction letter.
- The tool is asked to generate the content of evidentiary material.

Checked 2026-10-23.

## Sources

- [Supreme Court of NSW Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 5O](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5o.html) (checked 2026-10-23)

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