---
title: "NSW SC Gen 23 affidavit and expert AI statements"
url: "https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/nsw-sc-gen-23-sworn-disclosure"
type: "precedent"
site: "AI Law Framework"
id: "a5-nsw-sc-gen-23-sworn-disclosure"
area_id: "A5"
kind: "checklist"
ai_level: "red"
version: 1
task_ids: ["A5-B6-2", "A5-V20260923-3", "A5-T1-R3"]
law_stated_as_at: "2026-10-22"
---

# 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.…

Canonical page: https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/nsw-sc-gen-23-sworn-disclosure  
Law stated as at: 2026-10-22

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

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.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Commercial Litigation & Dispute Resolution](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution.md)
- Jurisdictions: Australia, New South Wales
- AI level: 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: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Australia and New South Wales.

## 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](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/prepare-an-expert-report-leave-application-where-gen-ai-will-be-used.md)
- [Check a court document against the AI practice note before filing](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/check-a-court-document-against-the-ai-practice-note-before-filing.md)
- [Draft an affidavit or witness statement from the proof](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof.md)

## 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

## Authorities

- [Supreme Court of New South Wales, Practice Note SC Gen 23, Use of Generative Artificial Intelligence (Gen AI), issued by Chief Justice A S Bell on 28 January 2025, commencing 3 February 2025](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/nsw-sc-gen-23-sworn-disclosure and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*