---
title: "Letter briefing a medico-legal expert, including the court's generative AI restrictions"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/expert-briefing-letter-ai-restrictions"
type: "precedent"
site: "AI Law Framework"
id: "a21-expert-briefing-letter-ai-restrictions"
area_id: "A21"
kind: "letter"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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)…

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/expert-briefing-letter-ai-restrictions  
Law stated as at: 2026-10-17

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

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.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: New South Wales, Victoria, Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for New South Wales, Victoria and Australia.

## 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.

## Authorities

- [Supreme Court of NSW Practice Note SC Gen 23 paras 19-24 (expert reports: leave required for generative AI)](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf)
- [Uniform Civil Procedure Rules 2005 (NSW) rr 31.23, 31.36 and Sch 7](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2005-0418)
- [Personal Injury Commission, Procedural Direction PIC13 paras 21-26 and PIC Rules 2021 r 33B](https://www.pi.nsw.gov.au/resources/procedural-directions/procedural-direction-pic13-use-of-generative-artificial-intelligence)
- [Federal Court of Australia, Use of Generative Artificial Intelligence Practice Note (GPN-AI) paras 4.9-4.11](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ai)
- [Supreme Court of Victoria, Practice Note SC Gen 25 para 6.12](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users)
- [Privacy Act 1988 (Cth) Sch 1 APP 11](https://www.legislation.gov.au/C2004A03712/latest/text)

## Official form

[Official form](https://supremecourt.nsw.gov.au/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/personal-injury-and-compensation/expert-briefing-letter-ai-restrictions 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.*