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.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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