---
title: "Protocol for AI use in expert delay and quantum analysis (construction disputes)"
url: "https://ailawframework.com/precedents/construction-and-infrastructure/protocol-ai-in-expert-delay-and-quantum"
type: "precedent"
site: "AI Law Framework"
id: "a11-protocol-ai-in-expert-delay-and-quantum"
area_id: "A11"
kind: "policy"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/construction-and-infrastructure/protocol-ai-in-expert-delay-and-quantum  
Law stated as at: 2026-10-17

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

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.

## Key facts

- Kind: Policy. A policy or procedure for a firm or client.
- Practice area: [Construction & Infrastructure](https://ailawframework.com/precedents/construction-and-infrastructure.md)
- Jurisdictions: Australia, New South Wales
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 5 authorities it cites, for Australia and New South Wales.

## 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.

## Authorities

- [Federal Court of Australia, Expert Evidence Practice Note (GPN-EXPT) and Harmonised Expert Witness Code of Conduct](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt)
- [Federal Court of Australia, Use of Generative Artificial Intelligence Practice Note (GPN-AI) (published 16 April 2026) paras 4.9–4.11](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ai)
- [Supreme Court of NSW Practice Note SC Gen 23 – Use of Generative Artificial Intelligence (Gen AI) (commenced 3 February 2025) paras 19–24](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf)
- [Uniform Civil Procedure Rules 2005 (NSW) Sch 7 cl 3(2)–(4) (expert witness code: Gen AI not to generate report content without leave)](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2005-0418#sch.7)
- [NCAT Procedural Direction 7, Use of Generative Artificial Intelligence, paras 19–23](https://ncat.nsw.gov.au/content/dam/dcj/ctsd/ncat/documents/procedural-directions/ncat-pd7-use-of-generative-ai.pdf)

## Official form

[Official form](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt)

## 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/construction-and-infrastructure/protocol-ai-in-expert-delay-and-quantum 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.*