Check a New South Wales expert report for the rule 31.23 acknowledgement

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
From the report the lawyer selects, quote any acknowledgement that the expert has read the code and agrees to be bound by it, with the page. The tool does not rewrite the report.
What the lawyer must review
  • The lawyer decides whether the report can be served or read.
  • Stop if the report has no acknowledgement that the expert has read the code and agrees to be bound by it.
  • Generative AI must not draft the report without prior leave. Practice Note SC GEN 23 says so.
  • Treat a report not served as ordered as usually inadmissible. Practice Note 16 attributes that to rule 31.28.
Written for / version
New South Wales versionNSWVICQLD

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. A New South Wales proceeding in which expert evidence is served under rule 31.23, including a District Court General List matter

Produce. A checklist quoting the acknowledgement, or recording that it is absent.

Have ready. The report; The date of engagement; The status conference date.

Example of the limit. Illustrative example: The report discusses the injury and does not acknowledge the code. The checklist stops service. The lawyer decides whether to seek an order or a further report.

Stop and hand it back when

  • There is no acknowledgement and the court has not ordered otherwise.
  • The tool is asked to insert an acknowledgement the expert has not signed.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Unless the court otherwise orders, the report may not be admitted unless it acknowledges that the expert has read the code in Schedule 7 and agrees to be bound by it.
  2. The engaging party must give the expert a copy of the code as soon as practicable after engagement.
  3. Serve reports at least 28 days before the status conference. Practice Note 16 says reports not served in accordance with the orders are usually inadmissible, and it cites rule 31.28.
  4. The text of Schedule 7 and of rule 31.28 was not opened. Use the acknowledgement required by rule 31.23, and the practice note for the 28-day statement.

Sources

Supreme Court Practice Note SC GEN 23, commenced on 3 February 2025, prohibits generative AI from generating evidentiary content, and requires prior leave before it is used to draft an expert report.

SC GEN 23 allows a chronology, an index or a witness list. No District Court generative AI practice note was opened. Practice Note 16 governs the General List.

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