Sort a warning allegation out of section 5O before the peer test
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the allegations and the records the lawyer has selected, make a table with one row per allegation, marking treatment or a warning, advice or other information, and naming the section the lawyer has assigned. Do not decide breach.
- What the lawyer must review
- The lawyer assigns the section. The tool does not decide breach.
- Keep a warning allegation off the peer-opinion section the opened text excludes.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
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. Treatment allegations sorted before a peer-opinion section is applied.
Produce. A table of allegations marked as treatment or warning, for the lawyer to settle.
Have ready. Allegations the lawyer has selected; The section the lawyer assigns to each row.
Example of the limit. Illustrative example: One allegation is about the operation and one is about what was said before it. The table marks them in separate rows. It does not decide breach.
Stop and hand it back when
- The tool is asked to decide breach or to write a pleading.
- The lawyer has not assigned a section.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the allegations and the records the lawyer has selected, make a table with one row per allegation, marking treatment or a warning, advice or other information, and naming the section the lawyer has assigned. Do not decide breach. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Mark each allegation as treatment, or as a warning, advice or other information.
- Section 5O asks whether the professional acted in a manner widely accepted in Australia by peer professional opinion as competent professional practice. It does not say "a significant number of respected practitioners".
- Differing opinions may each be relied on. The opinion need not be universal. It cannot be relied on if the court considers it irrational.
- Section 5P takes the warning, advice or other information outside the Division.
Sources
- Civil Liability Act 2002 (NSW) section 5O · 2026-10-23
- Civil Liability Act 2002 (NSW) section 5P · 2026-10-23
- Supreme Court of NSW Practice Note SC Gen 23 · 2026-10-23
Paragraph 23 of Practice Note SC Gen 23 deals with leave for an expert report in a professional negligence claim filed under rule 31.36. It is not the peer test.
If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.