Checklist · Commercial Litigation & Dispute Resolution
NSW SC Gen 23 affidavit and expert AI statements
The non-use disclosure Practice Note SC Gen 23 requires in an affidavit, witness statement or character reference, and the leave and disclosure steps for an expert report. The note does not prescribe the words. Issued 28 January 2025. Commences 3 February 2025.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia, New South Wales
- AI use
- Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and New South Wales.
- Version
- 1
- Source
- Written for this library
When to use it
Use when an affidavit, witness statement, character reference or expert report is being prepared for a proceeding in the Supreme Court of New South Wales on or after 3 February 2025. The note applies to all proceedings from that date. It replaces the version issued on 21 November 2024.
Used for these tasks
- Prepare an expert-report leave application where Gen AI will be used
- Check a court document against the AI practice note before filing
- Draft an affidavit or witness statement from the proof
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The affidavit disclosure and any expert disclosure are part of the evidence. The lawyer writes them. AI may list the paragraph limbs so the lawyer can check each one.
AI may
- List the paragraph 13 limbs and the paragraph 21 leave items beside the draft
- Flag an annexure that was prepared for the proceeding, so paragraph 13(b) can be considered
- Record the program name and version if leave has already been granted
AI must not
- Must not generate the content of the affidavit, witness statement, character reference or expert report
- Must not alter, embellish, strengthen, dilute or rephrase the witness's evidence
- Must not present the starting-point sentence as words the Practice Note prescribes
- Must not draft the expert's opinion or the leave affidavit
The lawyer checks
- Paragraph 13 is met, including the annexure limb where the deponent prepared the annexure for the evidence
- Paragraph 14 is applied only where the annexure was not prepared for the proceedings
- Any expert use has prior leave, and paragraph 22 is met if leave was granted
- Paragraph 23 matters seek leave at the first directions hearing
- The expert was given this Practice Note when instructed, as paragraph 24 requires
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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