Screen a proposed liability expert against the peer the section describes
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the proposed expert's field, the year of the treatment, and the field of the practitioner whose care is in issue, make a table against the peer words in the section the lawyer names, and where the opened section requires a specialist registrant for a pre-court report, record whether the proposal describes one. Do not decide that the opinion would be widely accepted, unreasonable or irrational, and do not draft the report.
- What the lawyer must review
- The lawyer decides whether the proposed expert is a peer, and whether the opinion can be used.
- The tool does not draft the report and does not write the opinion.
- In New South Wales, draw Practice Note SC Gen 23 to the expert's attention before instructing.
- Health information stays in a firm-controlled tool, not a public one.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | From the proposed expert's field, the year of the treatment, and the field of the practitioner whose care is in issue, make a table against the peer words in the section the lawyer names, and where the opened section requires a specialist registrant for a pre-court report, record whether the proposal describes one. Do not decide that the opinion would be widely accepted, unreasonable or irrational, and do not draft the report. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Match the proposed expert's field to the field of the practitioner whose care is in issue, at the time of the service.
- Do not write 'in Australia' into the Queensland section 22(1) row. Do not drop those words from the Victorian or New South Wales row.
- For a Queensland part 1 report, record whether the proposal is a specialist registrant. Section 9A(10) still means a failure-to-warn allegation need not be in that report.
- Do not draft the report. In New South Wales, the instruction must draw Practice Note SC Gen 23 to the expert's attention.
Sources
- Wrongs Act 1958 (Vic) s 59 · 2026-10-23
- Civil Liability Act 2002 (NSW) s 5O · 2026-10-23
- Civil Liability Act 2003 (Qld) s 22 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) s 9A(9)(d) and (14) · 2026-10-23
- Supreme Court of New South Wales Practice Note SC Gen 23 · 2026-10-23
- Supreme Court of Victoria Practice Note SC Gen 25 · 2026-10-23
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).
Practice Note SC Gen 23 paragraph 10 says generative AI must not be used to generate the content of an affidavit or witness statement. That prohibition is not relaxed by this screening task.