Policy · Construction & Infrastructure
Protocol for AI use in expert delay and quantum analysis (construction disputes)
Protocol, to attach to expert instructions, setting the rules for experts using AI in delay and quantum analysis: when leave is needed, what must be disclosed, records of prompts and data, and verification, across the Federal Court, NSW courts and NCAT.
- Kind
- Policy. A policy or procedure for a firm or client.
- Where it applies
- Australia, New South Wales
- AI use
- Red Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Written for this library
When to use it
Attach to the letter of instruction for any delay, programming, quantum or forensic accounting expert in court, tribunal or arbitration proceedings. Check the forum's current practice note before sending; the rules differ and change often.
How AI may be used
Lawyer-led. The expert's opinion and reasoning must be the expert's own. In NSW courts and NCAT, Gen AI must not be used to generate report content without leave; elsewhere, use must be disclosed. AI may help the lawyer track compliance.
AI may
- Help the lawyer build a compliance checklist for the forum's current rules.
- Index the documents and data provided to the expert.
- Support the expert with non-generative analytical software (for example, scheduling software) where the forum permits it, with disclosure.
AI must not
- Must not be used to generate any part of the expert's opinion or reasoning without leave in NSW courts or NCAT.
- Must not receive material subject to confidentiality orders, suppression orders or the implied undertaking unless the forum's conditions are met.
- Must not be used by the instructing lawyer to draft or edit the expert's report.
The lawyer checks
- The forum and its current AI practice note have been identified and attached to the instructions.
- Leave has been sought before any Gen AI use where required, and early (for example, at the first directions hearing where the rules require).
- The report contains the required statement about Gen AI use or non-use.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer.
Read the full text
The full text is for signed-in accounts. It is free. When you sign 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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