Record the Practice Note SC Gen 25 limits before the expert is instructed
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the forum the lawyer has named, set out the Practice Note SC Gen 25 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.
- Use the note only for its limits. Do not let it draft the report or the instruction letter.
- 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).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria. A note of Practice Note SC Gen 25 limits before a liability expert is instructed.
Produce. A short note of the opened generative AI limits, used when the expert is instructed.
Have ready. The forum the lawyer has named; Whether an expert report is to be instructed.
Example of the limit. Illustrative example: The lawyer has named the Supreme Court. The note records paragraphs 6.12 and 7.1 and stops. It does not draft the instruction letter.
Stop and hand it back when
- The tool is asked to draft the report or the instruction letter.
- The forum named is not this court. Do not copy another court's leave rule onto this note.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the forum the lawyer has named, set out the Practice Note SC Gen 25 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. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Name the forum before copying a limit. This note is the Supreme Court of Victoria practice note.
- Paragraphs 6.10 and 6.11: particular caution for documents that form a witness's evidence, and the document must be finalised in that person's own knowledge and words.
- Paragraph 6.12: particular caution for an expert report, which must comply with the relevant code of conduct or practice note.
- Paragraphs 6.8 and 7.1: confidential or sensitive information should not go into a public AI tool, and content produced using AI must be verified with meaningful human control.
Sources
- Supreme Court of Victoria Practice Note SC Gen 25 · 2026-10-23
- Wrongs Act 1958 (Vic) section 59 · 2026-10-23
The practice note says lawyers must comply with their obligations to maintain client confidentiality. The note does not draft the report.
If this is filed in the Supreme Court of Victoria, Practice Note SC Gen 25, issued on 14 May 2026, calls for particular caution with affidavit material and expert reports, and says confidential information should not go into a public AI tool.