---
title: "Build the constitutional-matter notice record"
url: "https://ailawframework.com/practice/administrative-and-public-law/build-the-constitutional-matter-notice-record"
type: "task"
site: "AI Law Framework"
id: "A31-MO20261022-6"
practice_area: "Administrative & Public Law"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Build the constitutional-matter notice record

> From the pleadings, list the matter that arises under the Constitution or involves its interpretation, which Attorneys-General must be given notice, and which need not be given notice because that Attorney-General or…

Canonical page: https://ailawframework.com/practice/administrative-and-public-law/build-the-constitutional-matter-notice-record  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Administrative & Public Law](https://ailawframework.com/practice/administrative-and-public-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the pleadings, list the matter that arises under the Constitution or involves its interpretation, which Attorneys-General must be given notice, and which need not be given notice because that Attorney-General or that polity is already a party. Note if the only step sought now is urgent interlocutory relief. Do not write the notice. |
| What the lawyer must review | The lawyer decides whether section 78B is engaged, writes the notice, and decides when the court can proceed. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Index the constitutional point and who must receive notice. The lawyer writes the notice.

- What the AI does: From the pleadings, list the matter that arises under the Constitution or involves its interpretation, which Attorneys-General must be given notice, and which need not be given notice because that Attorney-General or that polity is already a party. Note if the only step sought now is urgent interlocutory relief. Do not write the notice.
- What the lawyer does: The lawyer decides whether section 78B is engaged, writes the notice, and decides when the court can proceed.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Do not treat the cause as free to proceed on the constitutional point until notice and a reasonable time are recorded, unless the step is only urgent interlocutory relief under s 78B(5).
2. Strike an Attorney-General off the notice list only where that Attorney-General or that polity is already a party.
3. Severable non-constitutional issues may continue. Record them separately.
4. Do not write the notice. A corporate Commonwealth entity's report to the Office of Legal Services Coordination is a separate task.

## Notes

- 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.
- Section 78A was not opened. Guidance Note 12 describes the intervention right and was used only for the separate reporting task.

## Sources

- [Judiciary Act 1903 (Cth) s 78B](https://classic.austlii.edu.au/au/legis/cth/consol_act/ja1903112/s78b.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/administrative-and-public-law/build-the-constitutional-matter-notice-record/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*