---
title: "State the NSW Supreme Court generative AI limits for a super dispute"
url: "https://ailawframework.com/practice/superannuation/explain-genai-court-rules-to-a-superannuation-complainant/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A27-B8-1-NSW"
practice_area: "Superannuation"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# State the NSW Supreme Court generative AI limits for a super dispute

> If the lawyer says the dispute is in the Supreme Court of New South Wales, set out the practice-note limits on generative AI for evidentiary material, chronologies and expert reports.…

Canonical page: https://ailawframework.com/practice/superannuation/explain-genai-court-rules-to-a-superannuation-complainant/new-south-wales  
Last reviewed: 2026-10-25

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Superannuation](https://ailawframework.com/practice/superannuation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | If the lawyer says the dispute is in the Supreme Court of New South Wales, set out the practice-note limits on generative AI for evidentiary material, chronologies and expert reports. Do not apply the note to a forum the lawyer has not named as that Court. |
| What the lawyer must review | Confirm the proceeding is in the Supreme Court of New South Wales before the note is used. Generative AI must not generate the content of evidentiary material. An expert report needs prior leave before generative AI drafts any part of it. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test. |
| Written for | New South Wales |
| Applies to | [Explain GenAI court rules to a superannuation complainant](https://ailawframework.com/practice/superannuation/explain-genai-court-rules-to-a-superannuation-complainant.md) |

## Checking plan

**Verify against sources**

The lawyer confirms the forum, then applies Practice Note SC Gen 23 only to a Supreme Court proceeding.

- What the AI does: If the lawyer says the dispute is in the Supreme Court of New South Wales, set out the practice-note limits on generative AI for evidentiary material, chronologies and expert reports. Do not apply the note to a forum the lawyer has not named as that Court.
- What the lawyer does: Decide whether the practice note applies to this complaint, and approve anything said to the complainant.
- 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. Use the note only where the lawyer says the dispute is in the Supreme Court of New South Wales.
2. Paragraph 10 says generative AI must not be used to generate the content of evidentiary material that is intended to reflect a person's evidence.
3. Paragraph 9B allows chronologies, indexes, witness lists, and the summarising of documents and transcripts, subject to the controlled environment in paragraph 9A. Written submissions are allowed subject to paragraphs 16 to 18.
4. Paragraph 20 says generative AI must not draft any part of an expert report without prior leave, subject to paragraph 23. A leave application must identify the matters in paragraph 21.

## Notes

- Paragraph 23, on the timing of leave for a professional-negligence report under rule 31.36 and a report under section 315 of the Workplace Injury Management and Workers Compensation Act 1998, was read. It is not the usual superannuation complaint. No external-dispute rule was opened.

## Practical guide

Jurisdiction: Supreme Court of New South Wales, Practice Note SC Gen 23

**Deliverable**: A short forum note of the practice-note limits. Nothing is sent to the complainant until the lawyer approves it.

**Inputs**

- The forum the lawyer names
- Whether an expert report is proposed
- Whether evidentiary material is proposed

**Example**: Illustrative example: The complainant asks whether a draft chronology can be prepared with generative AI for a Supreme Court proceeding. The tool says paragraph 9B allows a chronology inside the controls in paragraph 9A. It refuses the same answer for a complaint the lawyer has not placed in that Court.

**Stop and escalate when**

- The lawyer has not named the Supreme Court of New South Wales as the forum.
- The output would generate the content of evidentiary material or an expert report.

Checked 2026-10-23.

## Sources

- [Supreme Court of New South Wales 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)
- [Supreme Court of New South Wales: Generative artificial intelligence](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.html) (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.*