Record what an electronic communication says about its sender, time and destination
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the document that records the communication, copy only the representations it contains about the identity of the person from whom or on whose behalf it was sent, the date or time it was sent, and the destination or the person to whom it was addressed. In a second column, copy what the document appears to show about the form in which it was sent or made, by whom or on whose behalf, the day, time and place, the destination, and any time at which the sending appears to have concluded. Leave the hearsay question and the presumption question blank. Do not fill either column from a theory about who really sent it.
- What the lawyer must review
- The lawyer applies section 71 and section 161 of the Evidence Act 1995 (Cth) separately. Section 71 is about whether the hearsay rule applies to those representations in a document recording an electronic communication. Section 161 is a presumption about a document that purports to contain a record of an electronic communication, and it does not apply if evidence sufficient to raise a doubt is adduced. It excludes a communication referred to in section 162; that section is not stated here. Subsection 161(2) says a presumption in subsection (1) does not apply if the proceeding relates to a contract, all the parties to the proceeding are parties to the contract, and the provision is inconsistent with a term of the contract. The Dictionary definition of electronic communication is not set out here. The note about section 182 is not applied.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Keep the section 71 representations separate from the section 161 appearances. Do not merge them into one conclusion.
- Do not apply the presumption to a communication referred to in section 162 until the lawyer has opened that section.
- If the dispute is about a contract the parties share, flag subsection 161(2) and leave the contract term for the lawyer.
- Do not define electronic communication. The Dictionary definition is not set out in this task.
Sources
- Evidence Act 1995 (Cth) s 71, exception for electronic communications · 2026-10-22
- Evidence Act 1995 (Cth) s 161, presumptions about electronic communications · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.