--- title: "Internal index for a personal injury trial brief" url: "https://ailawframework.com/precedents/personal-injury-and-compensation/trial-brief-index-personal-injury" type: "precedent" site: "AI Law Framework" id: "a21-trial-brief-index-personal-injury" area_id: "A21" kind: "checklist" ai_level: "yellow" version: 1 task_ids: ["A5-P20260916-2"] law_stated_as_at: "2026-10-23" --- # 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. Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/trial-brief-index-personal-injury Law stated as at: 2026-10-23 Site index for agents: https://ailawframework.com/llms.txt ## Key facts - Kind: Checklist. Steps or checks to work through and tick off. - 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 6 authorities it cites, for Victoria, Queensland and New South Wales. ## 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](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/prepare-a-navigable-hearing-bundle-index.md) ## 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 ## Authorities - [Supreme Court of Victoria, Practice Note SC CL 3, paragraphs 10.3, 10.5 and 10.6 (joint memorandum and key documents file, prepared jointly and filed or delivered before trial)](https://www.supremecourt.vic.gov.au/sites/default/files/2026-06/SC%20CL%203%20-%20Personal%20Injuries%20Litigation.pdf) - [Supreme Court of Victoria, Practice Note SC GEN 25, issued 14 May 2026, paragraphs 6.8, 7.4, 7.5 and 7.6](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 New South Wales, Practice Note SC Gen 23, issued 28 January 2025 and commencing 3 February 2025, paragraphs 9A, 9B, 10 and 16 to 18](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) - [District Court of Queensland, Practice Direction 12 of 2025, 25 September 2025, paragraphs 5 to 9 (written submissions: a named responsible practitioner verifies the references)](https://www.courts.qld.gov.au/__data/assets/pdf_file/0011/882461/dcpd-12-of-2025.pdf) - [Uniform Civil Procedure Rules 1999 (Qld) r 357(2) and (3) (an offer to settle must not be filed, and is not communicated to the court until liability and relief other than costs are decided)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s357.html) - [Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 26.04 (an offer of compromise is without prejudice unless it otherwise provides)](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s26.04.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/trial-brief-index-personal-injury 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.*