---
title: "NSW Supreme Court limits on generative AI in evidentiary material"
url: "https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/nsw-genai-limits-on-evidence"
type: "precedent"
site: "AI Law Framework"
id: "a44-nsw-genai-limits-on-evidence"
area_id: "A44"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A44-A20260923-2", "A44-T1-R1"]
law_stated_as_at: "2026-10-22"
---

# NSW Supreme Court limits on generative AI in evidentiary material

> A checklist of Supreme Court Practice Note SC Gen 23 on affidavits, witness statements, exhibits, and expert reports: the prohibition, the disclosure that generative AI was not used, and what an application for leave…

Canonical page: https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/nsw-genai-limits-on-evidence  
Law stated as at: 2026-10-22

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

A checklist of Supreme Court Practice Note SC Gen 23 on affidavits, witness statements, exhibits, and expert reports: the prohibition, the disclosure that generative AI was not used, and what an application for leave must identify.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Incoming evidence — deepfakes & synthetic documents](https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents.md)
- Jurisdictions: New South Wales
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for New South Wales.

## When to use it

Use when evidentiary material is being prepared for a New South Wales court to which SC Gen 23 applies, including before an expert is instructed. It does not draft the affidavit, the statement, the exhibit, or the expert report.

## Used for these tasks

- [Draft an authenticity challenge or expert-instruction letter](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/draft-an-authenticity-challenge-or-expert-instruction-letter.md)
- [Build an authenticity checklist for a key digital exhibit](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/build-an-authenticity-checklist-for-a-key-digital-exhibit.md)

## How AI may be used

AI may list which paragraph of SC Gen 23 the lawyer is applying and whether leave has been sought; the lawyer decides whether generative AI may be used and settles anything a witness signs.

**AI may:**

- Record the program name and version if the lawyer is considering an application for leave
- Tick whether paragraph 13 or paragraph 22 disclosure is present, once the lawyer has checked the document

**AI must not:**

- Must not generate or rephrase the content of an affidavit, witness statement, character reference, or expert report
- Must not write the disclosure that generative AI was not used, as if it were the witness's words
- Must not treat preparatory work as permission to generate the evidence itself

**The lawyer checks:**

- Paragraph 10 is applied to the evidence, and paragraph 13 disclosure is in the document that needs it
- Any leave application identifies the four matters paragraph 15 or paragraph 21 requires, as applicable
- The expert has been shown the practice note, as paragraph 24 requires, before the report is prepared

## Authorities

- [Supreme Court of New South Wales, Practice Note SC Gen 23, Use of Generative Artificial Intelligence (Gen AI), issued 28 January 2025, commencing 3 February 2025, paragraphs 10 to 25](https://supremecourt.nsw.gov.au/content/dam/dcj/ctsd/supreme-court/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/incoming-evidence-deepfakes-and-synthetic-documents/nsw-genai-limits-on-evidence 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.*