Checklist · Personal Injury & Compensation

Internal index for a personal injury trial brief

An internal index of the plaintiff's trial brief in a personal injury proceeding, listing what is in the brief and what must stay out of the judge's papers. It is not the filed joint memorandum.

Kind: Checklist. Steps or checks to work through and tick off.
Where it applies: Victoria, Queensland, New South Wales
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the 6 authorities it cites, for Victoria, Queensland and New South Wales.
Version: 1
Source: Written for this library

When to use it

Use when a personal injury brief is being assembled for trial or for a final directions hearing. The index is an internal working list. The lawyer checks every entry. Offers and health records are kept in their own parts and are not sent to the judge with the brief.

Used for these tasks

Prepare a navigable hearing bundle index

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool may build this internal index from the documents in the brief, and the lawyer checks every entry before the brief is used.

AI may

List each document with its date, a short description and the brief tab
Group offers, without-prejudice letters and health records in the parts marked not for the judge
Prepare a contents list of the kind Practice Note SC Gen 23 paragraph 9B allows for indexes and briefs in the Supreme Court of New South Wales, subject to paragraph 9A
Mark a missing date or an unreadable document so the lawyer can replace it

AI must not

Must not draft the joint memorandum or the key documents file under Practice Note SC CL 3
Must not put an offer or a without-prejudice letter into the part of the index that goes to the judge
Must not put health records, suppressed material, or material produced under subpoena or compulsion, into a public AI tool
Must not generate the content of an affidavit or a witness statement
Must not verify a citation by asking an AI tool alone

The lawyer checks

Every tab matches a document the lawyer has decided the brief should hold, and the description is accurate
Offers and without-prejudice letters are in the separate part. A Queensland offer must not be filed (r 357(2)) and is not communicated to the court until liability and relief other than costs are decided (r 357(3)). A Victorian offer of compromise is without prejudice unless it says otherwise (r 26.04)
Health records stay in a firm-controlled tool. The lawyer checks the firm's confidentiality and privacy obligations before any record is copied into the brief that leaves the firm. The Australian Solicitors' Conduct Rules and the Australian Privacy Principles were not opened for a section citation
In the Supreme Court of New South Wales, SC Gen 23 paragraph 9A restricts suppressed, subpoena and non-publication material. Paragraph 9B allows an index and a brief. Paragraph 10 bars generative AI from the content of an affidavit or witness statement. Paragraphs 16 and 17 require citations in a submission to be verified, and not by a generative AI tool alone.
SC GEN 25 applies to Supreme Court of Victoria court users. It does not, on the documents opened, apply of its own force to the County Court. The County Court AI note was not opened
District Court of Queensland Practice Direction 12 of 2025 applies to written submissions in that court. If the index is later used for such a submission, the named practitioner verifies the references. The Supreme Court of Queensland practice direction on AI was not opened
The index may list the inputs in SC CL 3 paragraph 10.5. It is not that memorandum, which the parties prepare jointly and which paragraph 10.6 guides at three to four pages

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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