--- title: "Letter of instruction to a forensic accountant" url: "https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-forensic-accountant" type: "precedent" site: "AI Law Framework" id: "a21-letter-instructing-forensic-accountant" area_id: "A21" kind: "letter" ai_level: "yellow" version: 1 task_ids: ["A21-T1-R8", "A21-P20260916-3", "A21-P20260916-4", "A21-SB20261022-9"] law_stated_as_at: "2026-10-23" --- # Letter of instruction to a forensic accountant > Letter asking a forensic accountant to calculate past and future loss of earning capacity on stated assumptions, with the discount rate, percentage and superannuation rate left for the lawyer. Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/letter-instructing-forensic-accountant Law stated as at: 2026-10-23 Site index for agents: https://ailawframework.com/llms.txt ## 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: Victoria, Queensland, 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: 2026-10-23 - Status: Maintained. Checked on 2026-10-23 against the 13 authorities it cites, for Victoria, Queensland and New South Wales. ## When to use it Use when a plaintiff firm instructs a forensic accountant on loss of earning capacity in Victoria, Queensland or New South Wales. In the Supreme Court of Victoria Personal Injuries List, use the joint-expert path in Practice Note SC CL 3 where more than one party relies on forensic accounting evidence. ## Used for these tasks - [Draft medico-legal instructions and review the draft report](https://ailawframework.com/practice/personal-injury-and-compensation/draft-medico-legal-instructions-and-review-the-draft-report.md) - [Check an expert report’s assumptions and AI disclosure](https://ailawframework.com/practice/personal-injury-and-compensation/check-an-expert-report-s-assumptions-and-ai-disclosure.md) - [Check a proposed medico-legal referral before booking](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-proposed-medico-legal-referral-before-booking.md) - [Set out the assumptions required for future economic loss](https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-assumptions-required-for-future-economic-loss.md) ## How AI may be used The tool may assemble the letter from the lawyer's assumption sets and the document index, and the lawyer inserts the rate, the percentage and the scenarios before it is sent. **AI may:** - Assemble the letter from the lawyer's questions, the assumption list and the document index. - Insert the forum block the lawyer has selected and remove the other forum blocks. - Check that every enclosed document is named in the index and that page numbers run in one sequence. **AI must not:** - Must not suggest, draft or strengthen the expert's opinion, diagnosis, impairment score or conclusion. - Must not put health, wage or benefit records into a public or consumer tool, or into a tool that may train on them. - Must not choose the forum's code or artificial intelligence rule from memory. The lawyer confirms the current instrument. - Must not draft an affidavit, a witness statement or a statutory declaration. - Must not choose a discount rate, a percentage possibility, a superannuation percentage or a residual earning capacity. **The lawyer checks:** - Assumption sets A and B are the lawyer's, and the percentage line is blank. - A discount rate is printed only after the lawyer has checked the section and whether a regulation prescribes a percentage. - In the Supreme Court of Victoria, the joint-expert paragraphs of Practice Note SC CL 3 have been checked before a single-party brief is sent. - Wage and tax records go by the approved secure channel. ## Authorities - [Uniform Civil Procedure Rules 2005 (NSW) Schedule 7 (expert witness code of conduct), current version from 13 March 2026](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2005-0418#sch.7) - [Uniform Civil Procedure Rules 2005 (NSW) r 31.23 (code of conduct must be provided, and the acknowledgement)](https://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s31.23.html) - [Uniform Civil Procedure Rules 2005 (NSW) r 31.27 (experts' reports, including generative artificial intelligence)](https://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s31.27.html) - [Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 44.03 (report of expert)](https://classic.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s44.03.html) - [Supreme Court of Victoria Practice Note SC Gen 25, paragraph 6.12 and footnote 2 (Form 44A), issued 14 May 2026](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) - [Supreme Court of Victoria Practice Note SC CL 3 Personal Injuries Litigation, commenced 1 July 2026](https://www.supremecourt.vic.gov.au/sites/default/files/2026-06/SC%20CL%203%20-%20Personal%20Injuries%20Litigation.pdf) - [Uniform Civil Procedure Rules 1999 (Qld) r 429H (requirements for report)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s429h.html) - [Uniform Civil Procedure Rules 1999 (Qld) Schedule 1C (code of conduct for experts)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/sch1c.html) - [Civil Liability Act 2002 (NSW) s 13 (future economic loss)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s13.html) - [Civil Liability Act 2002 (NSW) s 14 (discount rate)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s14.html) - [Wrongs Act 1958 (Vic) s 28I (discount rate for future economic loss)](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28i.html) - [Civil Liability Act 2003 (Qld) s 57 (discount rate)](https://www5.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s57.html) - [Civil Proceedings Act 2011 (Qld) s 61 (discount rate for a lump sum)](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/cpa2011175/s61.html) ## 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/letter-instructing-forensic-accountant 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.*