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

# Record the Practice Note SC Gen 25 limits before the expert is instructed

> 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.…

Canonical page: https://ailawframework.com/practice/health-and-medical-law/record-the-generative-ai-limits-before-a-liability-expert-is-instructed/victoria  
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 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). |
| Written for | Victoria |
| 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 25, issued on 14 May 2026, requires particular caution for an expert report and for documents that form a witness's evidence. Confidential or sensitive information should not go into a public AI tool. Content produced using AI must be verified with meaningful human control.

- What the AI does: 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 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. Name the forum before copying a limit. This note is the Supreme Court of Victoria practice note.
2. 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.
3. Paragraph 6.12: particular caution for an expert report, which must comply with the relevant code of conduct or practice note.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria. A note of Practice Note SC Gen 25 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 an expert report is to be instructed

**Example**: 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 escalate 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.

Checked 2026-10-23.

## Sources

- [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)
- [Wrongs Act 1958 (Vic) section 59](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s59.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.*