Build a New South Wales clinical chronology for a negligence claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Build a dated chronology and index from the records the lawyer names, quoting each entry and page. Do not draft an expert report or evidence, and do not state that the care met section 5O.
- What the lawyer must review
- Read the records, not only the chronology
- Decide breach under Civil Liability Act 2002 section 5O with the expert
- Under Practice Note SC Gen 23, allow a chronology and do not let the tool draft an expert report
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales, Civil Liability Act 2002 and the Supreme Court practice note where it applies
Produce. A dated chronology and index, with no expert opinion and no evidence in a witness's words.
Have ready. Records the lawyer names; Issues list; Whether an expert report under rule 31.36 is proposed.
Example of the limit. Illustrative example: The tool prepares a dated index of the hospital notes. It does not rewrite the notes as a witness account and it does not say the treatment was widely accepted. The lawyer reads the notes before the expert is instructed under Practice Note SC Gen 23.
Stop and hand it back when
- The output is an expert report or a witness's evidence.
- The chronology states a section 5O conclusion.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Build a dated chronology and index from the records the lawyer names, quoting each entry and page. Do not draft an expert report or evidence, and do not state that the care met section 5O. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 5O: a professional does not incur liability if the conduct was widely accepted in Australia by peer professional opinion as competent professional practice. The opinion need not be universal. Differing accepted opinions can each be relied on.
- The opinion cannot be relied on if the court considers it irrational.
- Practice Note SC Gen 23 paragraph 9B allows generative artificial intelligence for chronologies, indexes and witness lists, and for summarising documents. Paragraph 10 prohibits using it to generate the content of an affidavit, witness statement or other evidence.
- Paragraphs 19 to 24: an expert report is not drafted with generative artificial intelligence without prior leave, and the instructing letter must draw the practice note to the expert's attention. Paragraph 23 has a further leave rule for professional-negligence reports under rule 31.36.
Sources
- Civil Liability Act 2002 (NSW) s 5O, standard of care for professionals · 2026-10-23
- Supreme Court of New South Wales: Practice Note SC Gen 23, use of generative artificial intelligence · 2026-10-23
Keep health information in a firm-controlled tool. Confidentiality is Australian Solicitors' Conduct Rules rule 9 and Australian Privacy Principle 11. Decide any notifiable breach under the Privacy Act 1988 (Cth).
The section 5O text opened does not use the Victorian and Queensland phrase about a significant number of respected practitioners. Do not add that phrase.