---
title: "Check a New South Wales expert report for the rule 31.23 acknowledgement"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-that-an-expert-report-confirms-the-expert-code-before-it-is-served/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-LT20261023-5-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

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

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-that-an-expert-report-confirms-the-expert-code-before-it-is-served/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | New South Wales |
| Applies to | [Check that an expert report confirms the expert code before it is served](https://ailawframework.com/practice/personal-injury-and-compensation/check-that-an-expert-report-confirms-the-expert-code-before-it-is-served.md) |

## Checking plan

**Verify against sources**

The lawyer decides whether the report is served. The tool finds the rule 31.23 acknowledgement.

- What the AI does: 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 does: Decide service, leave, and whether the acknowledgement is in the report.
- 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. 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.

## Notes

- 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.

## Practical guide

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

**Deliverable**: A checklist quoting the acknowledgement, or recording that it is absent.

**Inputs**

- The report
- The date of engagement
- The status conference date

**Example**: 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 escalate 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.

Checked 2026-10-23.

## Sources

- [Uniform Civil Procedure Rules 2005 (NSW) r 31.23](https://www.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s31.23.html) (checked 2026-10-23)
- [Supreme Court of NSW, Practice Note SC GEN 23](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)
- [District Court of NSW, Civil Practice Note 16](https://districtcourt.nsw.gov.au/documents/practice-notes/district-court-pn---civil/District_Court_Civil_Practice_Note_16_-_Case_Management_in_the_General_List_004.pdf) (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.*