Digital Trial Compliance - SC GEN 07 and SC GEN 23 Generative AI (Applicant) - Contested Equitable Accounting Cross-Summons with Forensic Accountant and AI Leave Application

This fork operates in the Equity Division of the Supreme Court of New South Wales as a multi-day contested Equity trial. The full ESI discovery protocol from the parent plan is activated. SC GEN 23 and UCPR Rule 35.3B AI compliance obligations apply in full, with the additional requirement of an AI leave application for the forensic accountant if they propose to use AI-based analysis tools.

The Cross-Summons is received and analysed for the specific equitable claims made. The full ESI discovery protocol is activated, including identification and preservation of all financial records, mortgage documents, bank statements, and communications relevant to the parties' contributions. A forensic accountant is retained with a comprehensive SC GEN 23 instruction letter setting out the restrictions on AI use. If the forensic accountant's software involves AI-based analysis, an AI leave application under SC GEN 23 paras 21-22 is filed at the first directions hearing. The equitable adjustment formula D = (S x P) + C + M - O is applied, where D is the adjusted distribution, S is the net sale proceeds, P is the percentage ownership share, C is the contribution credit for excess payments, M is the maintenance credit, and O is the occupation fee offset. A contested multi-day hearing is attended. The Court determines the adjusted distribution and makes orders for payment to each party from the net sale proceeds.

Key legislation: Conveyancing Act 1919 (NSW) s 66G (forced sale jurisdiction); Uniform Civil Procedure Rules 2005 (NSW) Rule 35.3B (mandatory AI non-use statement in all affidavits, including those in the equitable accounting proceeding); Practice Note SC GEN 23 paras 21-22 (leave application required before expert uses AI tools, disclosure obligations in expert report); Practice Note SC GEN 07 paras 16 and 18-20 (ESI discovery with virus scanning, meet-and-confer, database protocol for large collections). Equitable accounting principles: Barnes v Addy (1874) LR 9 Ch App 244 (basis for constructive trust in equity); Baumgartner v Baumgartner (1987) 164 CLR 137 (constructive trust from joint endeavour). Forensic accountant AI leave note: if the accountant's software contains any AI component - including predictive text, pattern recognition in financial data, or automated ledger reconciliation - a leave application must be filed and granted before that tool is used in the preparation of the expert report.

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