Letter · Personal Injury & Compensation

Letter briefing a medico-legal expert, including the court's generative AI restrictions

Letter of instruction to a medico-legal expert that sets the questions and assumptions, encloses the code of conduct, and tells the expert the applicable generative AI rules (leave in NSW courts, disclosure in the PIC) and how to handle the records securely.

Kind
Letter. A letter or email you adapt and send.
Where it applies
New South Wales, Victoria, Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 6 authorities it cites, for New South Wales, Victoria and Australia.
Version
1
Source
Written for this library

When to use it

Use when briefing a treating or independent medical expert for a personal injury or medical negligence claim in NSW, the Personal Injury Commission, the Federal Court or Victoria. Check the forum's current AI practice note before sending.

How AI may be used

AI may draft the letter from the lawyer's settled questions and document list, and the AI paragraph is standard, but the questions, assumptions and choice of expert are the lawyer's, and the expert's opinion must be the expert's own.

AI may

  • Draft the letter from the lawyer's issues list, settled questions and document index.
  • Insert the correct AI paragraph for the forum from the firm's clause bank.
  • Check that every document listed is in the brief and paginated.

AI must not

  • Must not frame or suggest the expert's opinion, or draft any part of the report.
  • Must not attach health records to an email generated or sent through an unapproved tool.
  • Must not select the forum's AI rule from memory: the lawyer confirms the current practice note.

The lawyer checks

  • The questions are settled by the lawyer and match the pleaded or proposed issues.
  • The correct code of conduct and AI practice note are enclosed for the forum.
  • In NSW courts, the expert is told that leave is needed before using generative AI and, in professional negligence claims, when leave must be sought.
  • Records are sent by secure transfer.

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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