Index the material for preserving a gravely ill plaintiff's evidence
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- In a firm-controlled tool, index the reports, the dates and the lawyer's note of the plaintiff's condition, and record whether proceedings are already pending. The tool writes nothing that is filed.
- What the lawyer must review
- The lawyer decides whether to seek an examination and writes any application.
- The lawyer decides whether non-economic loss can continue after death.
- Do not copy the New South Wales section into Victoria or Queensland.
- Reports stay in the firm tool. ASCR r 9, APP 11 and the Privacy Act 1988 (Cth) apply.
Open a jurisdiction version of this task to see which instruments apply: NSWVIC
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. In a firm-controlled tool, index the reports, the dates and the lawyer's note of the plaintiff's condition, and record whether proceedings are already pending. The tool writes nothing that is filed. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm the index records whether proceedings are already pending, from the court record.
- Confirm nothing generated is placed in an application or in evidence.
- Confirm Victoria and Queensland are not given the New South Wales survival rule.
- Confirm section 12D is marked as not opened.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Outline notice of motion to take a gravely ill plaintiff's evidence early | Court document | AI use Red | An outline notice of motion in the Dust Diseases Tribunal to remove an asbestos claim from the usual claims process and to take the plaintiff's evidence under section 24. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Dust Diseases Tribunal Act 1989 (NSW) s 24 · 2026-10-23
- Dust Diseases Tribunal Act 1989 (NSW) s 12B · 2026-10-23
- Practice Note SC CL 3 Personal Injuries Litigation · 2026-10-23
- Queensland courts: using generative AI · 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.
Supreme Court of Victoria Practice Note SC GEN 25 was issued and commences on 14 May 2026. Do not enter confidential or sensitive information into a public AI tool. Evidence must be in the person's own knowledge and words.
Queensland courts say not to enter private, confidential, suppressed or privileged information into a public generative AI chatbot. For submissions, lawyers follow Supreme Court Practice Direction 5 of 2025 or District Court Practice Direction 12 of 2025. Those directions were not opened beyond the courts page.
The Dust Diseases Tribunal practice-notes index opened on 23 October 2026 has no generative AI note. Do not treat a Supreme Court generative AI note as the Tribunal rule. Do not enter confidential information into a public tool.
A dependency or nervous-shock claim is a separate task.