Practice area
Commercial Litigation & Dispute ResolutionCommercial litigation and dispute resolution
Organise evidence and preparation around the case theory, court requirements and client instructions. Check every relied-on authority and factual proposition, while separately looking for missing or contradictory material.
Key facts
- Tasks covered
- 30
- Tasks with a step-by-step checklist
- 22
- Local differences
- 3 jurisdictions where this area changes
Jurisdiction
Tasks
GreenLawyer reviewYellowClose supervisionRedLawyer-led
| Task | How AI is used | Human involvement | What the lawyer must review |
|---|---|---|---|
| Build an issue-to-document evidence table | Organise permitted documents against issues defined by the lawyer, retaining exact page or paragraph references and competing material. | YellowClose supervision |
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| Prepare a navigable hearing bundle index | Draft a document index from a final lawyer-selected set, identify apparent duplicates and check proposed page links. | YellowClose supervision |
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| Check authorities and evidence before filing submissions | Extract citations, quotations and evidence references from a draft into a verification table. | YellowClose supervision |
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| Check authorities and the record before filing a federal submission | Extract every case name, statute, quotation and record cite from the draft into a verification list. | YellowClose supervision |
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| Convert court orders into an action and responsibility list | Tabulate each paragraph of the sealed orders and every later variation into the internal action list, carrying across the step ordered, the party the order names as responsible and any date stated on the face of the order, with the paragraph reference beside each row. Mark every step whose date runs from a triggering event rather than a fixed calendar date, and flag where two orders or a variation touch the same step; the tool calculates no deadline, does not decide which obligation governs and writes no entry the lawyer has not settled. | RedLawyer-led | The lawyer reads the sealed orders and every variation, settles each row of the action list and the responsible person on it, and traces each row back to its paragraph with its conditions, dependencies and service requirements intact. Every relative and fixed date is calculated by the lawyer under the applicable court time rules and the calendar, and any inconsistency between orders or uncertainty about a triggering event is resolved before the file team works to the list. |
| Draft pleadings from the facts-and-issues brief | From the facts-and-issues brief, draft a pleading or defence with material facts mapped to each element and a list of particulars still needed. | YellowClose supervision |
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| Draft a statement of claim, defence, counterclaim or cross-claim from the brief | From the brief, draft a statement of claim, defence, counterclaim or cross-claim, mapping facts to elements and listing particulars needed. GPN-AI (Federal Court) or SC Gen 25 (Vic) duties apply. | YellowClose supervision |
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| Draft federal pleadings so they can be verified under Rule 11 | Produce a first-draft complaint or answer from the instructions and a caption template the lawyer supplies. | YellowClose supervision |
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| Draft an affidavit or witness statement from the proof | The tool drafts no part of the affidavit or witness statement and suggests no wording for it, in the document or beside it: no skeleton, no structure, no paragraphs. Index the exhibits and annexures against the lawyer's draft, compare that draft with the proofing note and the source documents without proposing replacement wording, list every assertion in the draft for which no source is identified, and flag form departures from the rules of the court, tribunal or arbitration the matter is in, and the jurat, witnessing and annexure-certificate requirements for swearing or signing it. | RedLawyer-led | The lawyer drafts the evidence in the witness's own words from the proof, and the witness must read and adopt it before it is sworn or signed. Nothing goes in that is not in the proof or the documents; argument, opinion and submission stay out of the evidence; and on an interlocutory application the source of any information and belief is stated. The lawyer confirms form, and the jurat, witnessing and annexure certificates, against the rules of the court, tribunal or arbitration the matter is in. |
| Keep a Victorian affidavit in the witness’s own words | Organise a topic list from the witness’s notes so the witness can draft or settle the affidavit in their own words. | RedLawyer-led |
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| Prepare a Western Australian affidavit without substituting the witness’s voice | Organise the witness’s notes into a topic order for a conference. Do not draft the affidavit’s paragraphs. | RedLawyer-led |
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| Keep affidavits in the witness's own words | Turn the witness's existing notes into a structured outline of topics for the lawyer and the witness to settle together. | RedLawyer-led |
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| Keep declaration evidence in the witness's words | The tool writes no part of the declaration and suggests no wording for it: no draft, no structure, no outline, no suggested paragraphs. Organise the witness’s own notes into a topic order for the conference, so the lawyer and the witness settle the text together, and list the topics in the notes that the lawyer’s draft does not yet address, proposing no wording for them. | RedLawyer-led |
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| Keep a South Australian affidavit in the witness’s own words | The tool drafts no part of the affidavit or witness statement and suggests no wording for it, in the document or beside it: no draft, no first draft, no scaffold, no skeleton, no suggested paragraphs. Organise the witness’s own notes and the lawyer’s interview record into a topic order for the conference, so the lawyer and the witness settle the text together. Against the draft the lawyer has written, index the annexures, list every assertion for which no source is identified, and check the jurat, witnessing and annexure-certificate requirements for swearing or affirming it in South Australia. | RedLawyer-led |
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| Review the discovery set and draft a production issues list | From the permitted discovery set, group documents, flag likely privileged or sensitive items not yet ruled on, and draft a first-pass relevance and issues list. | YellowClose supervision |
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| Review the discovery set under Federal Court eDiscovery Practice Note CM 6 | Group the permitted discovery set, flag likely privileged items, and draft a relevance list, privilege-log entries and chronology. Keep Harman-undertaking documents out of tools that train on or retain inputs. | YellowClose supervision |
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| Run document review under FRCP 26 proportionality and a protective order | Suggest coding, clustering or issue tags on a closed-environment review set. | YellowClose supervision |
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| Draft written submissions from the evidence table | Build a structured outline of argument with proposed record citations from the evidence table and authorities list the lawyer supplied. | YellowClose supervision |
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| Prepare written submissions so every authority can be opened | Build a table of every case, statute and quote with the pinpoint the draft relies on. | YellowClose supervision |
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| Prepare a US brief so citations can be checked in a reporter | Extract citations and quotations into a table with pinpoint claims. | YellowClose supervision |
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| Draft a letter of demand or without-prejudice settlement offer | Draft a first-pass letter of demand or without-prejudice settlement offer from the approved issues table, with a list of figures that still need a source. | YellowClose supervision |
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| Draft a letter of demand, Calderbank offer or statutory offer | Draft a letter of demand, without-prejudice letter, Calderbank or statutory offer from the approved issues table, listing figures to source. Statutory offers follow the rules (FCR 2011 Pt 25; UCPR NSW r 20.26; Vic Pt 26). | YellowClose supervision |
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| Draft an interlocutory application, supporting evidence and outline | Draft the interlocutory process and a submissions outline from the relief sought and the facts brief. The tool writes no part of the supporting affidavit — no draft, no scaffold, no suggested paragraphs; once the lawyer has written it, the tool may only index its exhibits, list every assertion with no source in the facts brief, and check its form against the rules of the court the matter is in. | YellowClose supervision |
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| Draft a notice of motion and outline of submissions; the affidavit stays in the witness's own words | Draft the notice of motion and a submissions outline from the relief and facts brief. The tool writes no part of the supporting affidavit — no draft, no scaffold, no suggested paragraphs; once the lawyer has written it, the tool may only index its exhibits, list every assertion with no source, and check its form against the court’s affidavit rules. | YellowClose supervision |
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| Prepare a hearing chronology from the key documents | Build a dated chronology with document references from the permitted pleadings and key files, and list gaps and inconsistencies. | YellowClose supervision |
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| Prepare a chronology the Supreme Court note contemplates | Draft a chronology, index or document summary from documents the lawyer has cleared under paragraph 9A. | YellowClose supervision |
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| Draft the expert brief and review the draft report for scope | Turn the issues list into a draft letter of instruction and, once a draft report arrives, table assumptions, opinions and any AI-disclosure language to check. | YellowClose supervision |
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| Draft the mediation position paper and a settlement-range briefing note | From the pleadings, evidence table and instructions, draft a mediation paper and a confidential BATNA/WATNA note for the lawyer. | YellowClose supervision |
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| Draft the settlement deed, consent orders and releases | Turn the settlement terms into a first-draft deed, consent orders and release clauses, with a list of parties, proceeding details and completion steps to confirm. | YellowClose supervision |
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| Draft the settlement deed, consent orders, Tomlin order and releases | Turn the settlement terms into a draft deed, consent orders, Tomlin order and releases, listing parties, proceeding details, and PPSA discharge or stamp-duty steps. | YellowClose supervision |
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| Build a limitation and procedural-deadline calendar from the file | Extract filing, service, limitation and timetable dates from the pleadings, orders and correspondence into a calendar with source references. | RedLawyer-led |
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| Check a court document against the AI practice note before filing | Extract citations, quotes and chronology rows from a draft court document into a verification list. | RedLawyer-led |
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| Check a New Zealand court document against the Courts of New Zealand lawyer guidelines | Extract the court or tribunal name, the document type, and a list of citations and factual assertions for the lawyer to verify. | RedLawyer-led |
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| Separate an ACT matter from a Commonwealth matter before using an AI rule | Extract the court name, registry and statute from the draft into a jurisdiction line for the lawyer to confirm. | RedLawyer-led | Name the court; do not leave "Canberra" as the jurisdiction |
| Check a Federal Court draft against GPN-AI before filing | Extract the citations, quotes and chronology rows from a draft pleading or submission into a verification list. | RedLawyer-led |
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| Prepare a Supreme Court submission so it can be verified under SC Gen 23 | Extract citations and evidence references from a draft submission into a verification list for the author. | RedLawyer-led |
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| Record the Northern Territory court’s position and the actual forum | Organise a cover note with the court name, any Commonwealth overlay, and the pages searched. Do not generate a statement of the court’s rules. | RedLawyer-led |
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| Check references in a Queensland submission before filing | Extract every case, statute and pinpoint from a draft submission into a list for the lawyer to open. | RedLawyer-led | Do not file while any reference has been checked only by the tool that drafted it |
| Apply the South Australian court guideline before filing | Extract citations and factual propositions from a draft into a list the lawyer will check after reading the South Australian guideline. | RedLawyer-led |
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| Record the Tasmanian court’s current position before filing | Organise a search note template listing the court pages checked and the practice directions found. Do not generate the legal position. | RedLawyer-led |
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| Check a federal court document against Rule 11 and any standing order before filing | Flag whether the draft discloses generative-AI use and list the judge, court and local-rule URLs for the lawyer to open. | RedLawyer-led |
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| Verify a Victorian Supreme Court document under SC Gen 25 | Extract citations, quotes and factual propositions from a draft court document into a list for human verification. | RedLawyer-led |
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| Verify a Western Australian Supreme Court document before it is signed | Extract propositions, citations and omissions to check from a draft court document. | RedLawyer-led |
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| Decide whether discovery or suppressed material can go into a tool | Build an index of candidate documents from metadata the lawyer has already cleared, without opening the underlying files in the tool. | RedLawyer-led |
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| Decide whether non-public, suppressed or privileged material can go into a tool | Flag any text in the draft that appears to be private, confidential, suppressed, privileged or not already public. | RedLawyer-led |
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| Decide whether a South Australian discovery or suppressed document may be uploaded | Organise a list of document categories from filenames the lawyer has already cleared. Do not upload the documents themselves. | RedLawyer-led |
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| Decide whether US discovery or suppressed material can go into a tool | List each document class (produced discovery, sealed, PHI, work product) for a permission table. | RedLawyer-led |
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| Check legislation citations against the official register | Extract legislation citations from a draft into a list for checking on the official register. | RedLawyer-led |
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| Check legislation citations against legislation.govt.nz | Extract every Act, regulation and section number from the draft into a verification table. | RedLawyer-led |
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| Check ACT legislation citations on the register | Extract ACT Act and regulation citations from a draft into a list for the legislation register. | YellowClose supervision | Label a Commonwealth Act citation as Commonwealth, not as an ACT law |
| Check Northern Territory legislation citations | Extract Territory Act citations from a draft into a list for the legislation database. | YellowClose supervision | Remove citations that resolve to another jurisdiction's Act |
| Check Tasmanian legislation citations against the register | Extract every Tasmanian Act and section from a draft into a list to open on the legislation register. | YellowClose supervision | Replace any citation that does not resolve, or resolves to a different Act |
| Check procedural citations against the court rules | Extract procedural citations from a draft into a list for checking against the court rules. | RedLawyer-led |
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| Separate South Australian procedure from interstate precedents | Flag procedural steps in a draft that cite a court rule, and list the jurisdiction each citation claims to be from. | YellowClose supervision |
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| Summarise the opposing pleading and list the facts still in issue | Turn the claim and defence into a table of admitted, denied and not-admitted facts, with a list of particulars that remain outstanding. | GreenLawyer review |
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| Check an NCAT filing for material barred from Gen AI tools | List summonsed, non-publication and statutorily restricted material in the file. | RedLawyer-led | Decide whether any controlled-environment exception applies (para 9). |
| Prepare an SA court affidavit compliant with the SA Gen AI guidelines | Check that any AI-assisted statement fairly and fully reflects the witness's evidence. | RedLawyer-led | Confirm with the witness. |
| Verify every authority in a brief before filing | Check AI-produced citations against authorised reports. | RedLawyer-led | Costs and referrals follow fake citations. |
| Prepare an expert-report leave application where Gen AI will be used | Draft the application for leave to use Gen AI in an expert report. | YellowClose supervision | NSW SC Gen 23 para 20 requires leave. |
| Investigate AI tools for document collation as ordered by the court | Assess AI for chronologies, summaries and document management. | YellowClose supervision | Follow court orders like Lee J's s 37P(2) orders. |
| Draft a firm AI-supervision protocol for litigation teams | Draft supervision and verification rules. | GreenLawyer review | Partner approves. |
| First-pass document review for relevance in discovery | Use AI to rank and classify documents. | YellowClose supervision | Lawyer reviews privileged and borderline documents. |
| Prepare an AI-use disclosure statement for a Federal Court filing | Draft disclosure per GPN-AI. | GreenLawyer review | Lawyer confirms compliance. |
| Verify every authority in submissions before filing | Run a citation check against AustLII/JADE. | YellowClose supervision | Lawyer signs off; see the AI hallucination cases. |
| Summarise discovery for privilege review with technology-assisted review | Run TAR on a discovery set. | YellowClose supervision | Lawyer reviews privilege calls. |
Firm-wide obligations
| Obligation | What it covers |
|---|---|
| Trust accounting & handling client money | Checks that apply across files. |
| Costs, billing & litigation funding | Checks that apply across files. |
| Client-facing & access-to-justice AI tools | Checks that apply across files. |
| Incoming evidence — deepfakes & synthetic documents | Checks that apply across files. |
| AI decision systems | Checks that apply across files. |
| Confidentiality & client information | Checks that apply across files. |
| AML/CTF — the practice as a reporting entity | Checks that apply across files. |
What changes in Australia
| Topic | What changes |
|---|---|
| Witness evidence | AI must not draft the substance of affidavits, witness statements or character references, or alter a witness's evidence. NSW SC Gen 23 (3 February 2025), GPN-AI (April 2026), Vic SC Gen 25 (May 2026), NCAT PD7 (April 2025). |
| Citations | Check every case on AustLII, LexisNexis AU or Westlaw AU: it exists, says what is claimed and is good law. Re Dayal (VLSB, August 2025): no independent practice for at least two years; a legal AI tool was used. |
| Experts | Every opinion in a filed report must be the expert's own. An expert who uses AI to draft report content needs prior leave (NCAT PD7, GPN-AI). |
| Limits on AI assistance |
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What changes in New Zealand
| Topic | What changes |
|---|---|
| Court AI guidelines | Open the Courts of New Zealand lawyer guidelines (7 December 2023) before filing. They cover the Supreme Court, Court of Appeal, High Court, District Court and listed specialist courts and tribunals. |
| Known risk | Chatbots appear to have had limited training on New Zealand law and procedure. They can invent cases and then confirm the invention. |
| Your duties | Check every citation before use. You do not have to disclose GenAI use unless the court asks. |
| Fake cases | The Law Society recorded in December 2025 that New Zealand courts are already seeing references to cases that do not exist. |
| Procedure and checking | High Court Rules 2016 for civil procedure. Check legislation on legislation.govt.nz and cases in a trusted database or via the Law Society Library. Do not apply SC Gen 23 or GPN-AI. |
| Limits on AI assistance |
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- Courts of New Zealand: GenAI guidelines — Lawyers (7 December 2023) · 2026-09-23
- Courts of New Zealand: Guidelines for use of generative AI in courts and tribunals · 2026-09-23
- High Court Rules 2016 · 2026-09-23
- NZLS: Generative AI guidance for lawyers (March 2024) · 2026-09-23
- NZLS: Lawyers are responsible for the contents of court documents prepared using generative AI · 2026-09-23
- NZLS: AI Hub · 2026-09-23
What changes in United States
Known here as: Commercial litigation and dispute resolution
| Topic | What changes |
|---|---|
| Rule 11 | Federal civil filings certify, after reasonable inquiry, that legal contentions are warranted by existing law. Mata v. Avianca sanctioned counsel for ChatGPT-fabricated authorities. |
| Standing orders | Some judges add one. An E.D. Tex. order of 9 April 2025 requires a generative-AI certificate; a filing without it is presumed to use no generative AI. |
| Discovery | Scope is Rule 26(b)(1) proportionality, including ESI. Mental impressions are protected work product (Rule 26(b)(3)(B)); D.C. Opinion 388 warns against public tools. |
| Before you file | Open the judge's standing orders. Verify every authority in a reporter or official database, not with another generative tool. |
| Limits on AI assistance |
|
- Federal Rule of Civil Procedure 11 · 2026-09-23
- Federal Rule of Civil Procedure 26 · 2026-09-23
- Mata v. Avianca, Inc., Opinion and Order on Sanctions (S.D.N.Y. 22 June 2023) · 2026-09-23
- E.D. Tex., Standing Order on generative artificial intelligence (9 April 2025) · 2026-09-23
- District of Columbia Bar Ethics Opinion 388 · 2026-09-23
- ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024) · 2026-09-23
Precedents for this area
- Letter of demand with genuine-steps and limitation notes (Letter, AI use Yellow). A firm, measured pre-action letter of demand that states the claim, sets a deadline, proposes genuine steps to resolve the dispute and records them so they can be repeated in a genuine steps statement.
- Statement of claim: NSW UCPR Form 3A and Federal Court Form 17 (completion guide) (Court document, AI use Yellow). A completion guide for the approved NSW statement of claim (UCPR Form 3A or 3B) and the Federal Court statement of claim (Form 17): what goes in each part, the pleading rules, certification and the AI practice-note traps.
- Interlocutory application pack: orders sought, short minutes and outline of submissions (NSW notice of motion and Federal Court Form 35) (Court document, AI use Yellow). Original text for the parts of an interlocutory application the lawyer drafts around the approved form: orders sought, short minutes of order and an outline of submissions, with a compliance checklist covering service, evidence and the AI practice notes.
- Deed of settlement and release (commercial dispute, with consent orders) (Deed, AI use Yellow). An original deed of settlement and release for a commercial dispute, with payment and default terms, releases and carve-outs, confidentiality, consent orders to end the proceedings and execution blocks for companies and individuals.
- Gen AI verification checklist and disclosure wording for court documents (Federal Court, NSW, Victoria, Queensland) (Checklist, AI use Red). A pre-filing checklist and court-specific wording for documents prepared with generative AI: input restrictions, verification of authorities and evidence, NSW affidavit and submission statements, Federal Court disclosure, Victorian records and Queensland naming.
- Client notice and consent: e-discovery, technology-assisted review and AI document review (Notice, AI use Yellow). A client letter explaining how the firm proposes to use technology-assisted review and AI tools on the client's documents in discovery, the safeguards, validation and cost, with a consent form recording the client's informed choice.
All precedents for Commercial Litigation & Dispute Resolution. Signed-in accounts can read the full text.