Legal Project Management Plan & Checklist
Use this plan whenever you are conducting civil litigation in the Supreme Court of New South Wales and the matter involves electronically stored information (ESI), courtroom technology, or any use of generative artificial intelligence by the practitioner, instructed experts, or witnesses. Since 3 February 2025, Practice Note SC GEN 23 imposes mandatory AI disclosure and restriction obligations on all Supreme Court proceedings, and UCPR Rule 35.3B (introduced by the Uniform Civil Procedure (Amendment No 104) Rule 2025) requires a mandatory AI non-use declaration in every affidavit and expert report. Breaching these obligations risks documents being refused admission, costs orders, and professional conduct consequences. The plan uses a Conveyancing Act 1919 (NSW) s 66G forced property sale as the illustrative underlying matter, but the SC GEN 07 and SC GEN 23 framework applies to all Supreme Court civil proceedings.
This plan covers the Equity Division of the Supreme Court of New South Wales, Real Property List or General Equity List. SC GEN 23 commenced 3 February 2025. Three forks extend the plan: interstate or overseas respondents requiring SEPA or Hague Convention service (Fork A), contested equitable accounting cross-summons with forensic accountant AI leave application (Fork B), and respondent evasion of service requiring substituted service under UCPR Rule 10.14 (Fork C).
Use this fork when the respondent files a Cross-Summons claiming an unequal distribution of the net sale proceeds based on equitable accounting principles, proprietary estoppel, or a constructive trust arising from disproportionate financial contributions. The matter pivots from a relatively straightforward originating application into a multi-day contested Equity trial. A forensic accountant must be retained to calculate the equitable adjustment, and if the forensic accountant uses AI-based ledger analysis or accounting software, a leave application under SC GEN 23 must be filed at the first directions hearing before that expert can use those tools.
Use this fork when the process server reports that the respondent is actively evading personal service, or when the respondent's whereabouts cannot be located after reasonable inquiries. The standard service pathway in the parent plan is paused. The practitioner must apply to the Court for an order for substituted service under UCPR Rule 10.14, which permits service by an alternative method approved by the Court (such as email, Facebook, or service on a known family member). All affidavits filed in this fork - including the affidavit of failed service attempts and the solicitor's affidavit proposing the substituted method - must contain the mandatory UCPR Rule 35.3B AI non-use statement. Once a substituted service order is granted and service is effected, the SC GEN 07 obligation to virus-scan all electronically transmitted files applies to the Affidavit of Service.
Use this fork when the respondent to the Supreme Court proceedings is located outside NSW - either in another Australian state or territory (interstate), or outside Australia (overseas). Service rules change fundamentally depending on the respondent's location: interstate service is governed by the Service and Execution of Process Act 1992 (Cth) (SEPA), which requires SEPA Form 2 (Notice to Witness or Notice to Party) to be physically attached to the originating process at the time of service and expands the minimum service window. Overseas service is governed by UCPR Part 11 and the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents 1965, which requires service through the central authority of the host country and can take 3 to 6 months.
A title search confirms co-ownership or the basis for the originating claim. All client ESI is mapped and stored on a closed platform - no client confidential information may be uploaded to any public AI tool (SC GEN 23 para 9A). Trustee consents are obtained. The Originating Summons and supporting affidavits are drafted with a mandatory UCPR Rule 35.3B AI non-use statement in each affidavit. The respondent is personally served and a compliant Affidavit of Service (also containing the UCPR Rule 35.3B statement) is filed. An ESI meet-and-confer is held with the respondent's solicitor under SC GEN 07 paras 18-20. An expert witness is briefed with a full SC GEN 23 AI restriction instruction letter. If the expert requires AI tools for analysis, a leave application is filed at the first directions hearing under SC GEN 23 paras 21-22. Expert reports received are verified for AI disclosure compliance before filing. ESI discovery is exchanged with mandatory virus scanning under SC GEN 07 paras 16 and 19. Written submissions include a manual citation verification statement. A courtroom technology notice is filed with the registry at least 21 days before the hearing. An electronic trial book is submitted 7 days before hearing. The digital hearing is attended and post-judgment coordination (including PEXA property transfer) is managed.
Key legislation and practice notes: Practice Note SC GEN 07 (Use of Technology) (issued 9 July 2008, commencing 1 August 2008): para 5-7 (courtroom technology notice, 21 days before hearing), para 11-13 (electronic trial book, 7 days before hearing), para 16 (virus scanning for ESI exchange), para 18-20 (ESI meet-and-confer, bilateral technology protocol, mandatory database protocol for collections over 500 documents), para 19 (virus scan obligation); Practice Note SC GEN 23 (Use of Generative Artificial Intelligence) (commencing 3 February 2025): para 9A (closed platform obligation - no public AI uploads of confidential client information), paras 19-20 (expert AI restriction instructions from solicitors), paras 21-22 (leave application for expert AI use, disclosure obligations); Uniform Civil Procedure (Amendment No 104) Rule 2025 (NSW) (introduces UCPR Rule 35.3B mandatory AI non-use statement in every affidavit and expert report); Uniform Civil Procedure Rules 2005 (NSW) Rule 10.14 (substituted service), Rule 35.3B (AI disclosure); Conveyancing Act 1919 (NSW) s 66G (forced sale of co-owned property); Service and Execution of Process Act 1992 (Cth) ss 28-30 (interstate service, 14-day minimum window); Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (overseas service, 3-6 month lead time).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Digital Trial Compliance - SC GEN 07 and SC GEN 23 Generative AI (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Civil Litigation cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
All pre-filing compliance obligations are met. The initiating documents are ready for electronic lodgement and the matter's ESI is secured on a compliant closed platform from day one.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.
The proceedings are formally on foot. Service is evidenced. The Respondent's appearance deadline is tracked.
The expert is formally on notice of the SC GEN 23 restrictions. Any AI leave application is on the record. The technology protocol is in place for discovery exchange.
All evidentiary and discovery obligations are met. The expert report and submissions are SC GEN 23 compliant and ready for the final hearing.
The matter is finally resolved. The property is vested in the trustees and the PEXA transfer is registered at NSW Land Registry Services.