Practice area

Commercial Litigation & 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

Tasks in Commercial Litigation & Dispute Resolution
TaskHow AI is usedHuman involvementWhat the lawyer must review
Build an issue-to-document evidence tableChecklistStart this taskSee suggested levelsWritten for AustraliaOrganise permitted documents against issues defined by the lawyer, retaining exact page or paragraph references and competing material.YellowClose supervision
  • Check the complete relevant record
  • Decide what the evidence supports
Prepare a navigable hearing bundle indexChecklistStart this taskSee suggested levelsWritten for New South WalesDraft a document index from a final lawyer-selected set, identify apparent duplicates and check proposed page links.YellowClose supervision
  • Check every final index entry
  • Confirm the bundle meets the applicable court order or practice requirements
Check authorities and evidence before filing submissionsStart this taskSee suggested levelsWritten for New South WalesExtract citations, quotations and evidence references from a draft into a verification table.YellowClose supervision
  • Verify each reference directly in reliable sources
  • Record the required statement in the submissions where the court requires one
Convert court orders into an action and responsibility listChecklistStart this taskSee suggested levelsWritten for AustraliaTabulate 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-ledThe 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 a statement of claim, defence, counterclaim or cross-claim from the briefChecklistStart this taskSee suggested levelsFrom 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
  • Ground each fact in instructions or evidence
  • Confirm elements, current statutes and the court's rules (FCR 2011 r 16.02; UCPR NSW; SC rules)
  • Calculate the limitation period yourself
  • Meet GPN-AI or SC Gen 25 duties
  • Avoid over- or under-pleading; both risk strike-out
Draft an affidavit or witness statement from the proofStart this taskSee suggested levelsThe 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-ledThe 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.
Review the discovery set under Federal Court eDiscovery Practice Note CM 6ChecklistStart this taskSee suggested levelsGroup 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
  • Validate the seed set and document the protocol
  • Run elusion testing and sampling to a court-accepted recall
  • Review every possibly privileged document (Evidence Act s 122) and the log
  • Check vendor terms against the Harman undertaking (Hearne v Street (2008) 235 CLR 125)
  • Format production to CM 6 or the state practice note
Draft written submissions from the evidence tableStart this taskSee suggested levelsBuild a structured outline of argument with proposed record citations from the evidence table and authorities list the lawyer supplied.YellowClose supervision
  • Verify every citation in a trusted source and against the transcript or exhibit
  • Do not file AI-proposed authorities you have not read
Draft a letter of demand, Calderbank offer or statutory offerChecklistStart this taskSee suggested levelsDraft 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
  • Get written settlement authority
  • Check comparable figures are real, and check the parties, capacity and without-prejudice label
  • Check form and service; a wrongly made offer carries no costs consequences
  • Confirm settlement binds everyone, including companies in administration
Draft a notice of motion and outline of submissions; the affidavit stays in the witness's own wordsChecklistStart this taskSee suggested levelsDraft 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
  • Confirm the right process for the court and relief, and urgent listing steps
  • Record the undertaking as to damages and advise the client on it
  • Verify authorities yourself (e.g. Beecham v Bristol (1968) 118 CLR 618)
  • Verify Agar v Hyde (2000) 201 CLR 552 and any other authority cited
  • Make full and frank disclosure on a without-notice application
Prepare a hearing chronology from the key documentsStart this taskSee suggested levelsBuild a dated chronology with document references from the permitted pleadings and key files, and list gaps and inconsistencies.YellowClose supervision
  • Source every row on the file
  • Leave out argument unless the court asks for a narrative chronology
Draft the expert brief and review the draft report for scopeStart this taskSee suggested levelsTurn 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
  • Confirm instructions and assumptions
  • Confirm the report answers the questions asked
  • Remember the expert's duty is to the court
Draft the mediation position paper and a settlement-range briefing noteStart this taskSee suggested levelsFrom the pleadings, evidence table and instructions, draft a mediation paper and a confidential BATNA/WATNA note for the lawyer.YellowClose supervision
  • Take settlement range and offers from client instructions
  • Check the paper does not waive privilege or overstate the evidence
Draft the settlement deed, consent orders, Tomlin order and releasesChecklistStart this taskSee suggested levelsTurn 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
  • Check names, ABN/ACN, proceeding number and court
  • Scope the releases and check any statutory limit on them
  • Put consent orders in the court's form
  • Check PPSA discharge and stamp duty
  • Check execution, including Corporations Act s 127, and Limitation Act effects
  • Get court approval for class actions, minors or persons under incapacity
Build a limitation and procedural-deadline calendar from the fileStart this taskSee suggested levelsExtract filing, service, limitation and timetable dates from the pleadings, orders and correspondence into a calendar with source references.RedLawyer-led
  • Calculate every deadline from the current court rules and the sealed orders
  • Do not treat date arithmetic as authority to miss a limit
Check a Federal Court draft against GPN-AI before filingChecklistStart this taskSee suggested levelsExtract the citations, quotes and chronology rows from a draft pleading or submission into a verification list.RedLawyer-led
  • Sign or settle the document yourself
  • Read the authorities; a verification list does not replace that
Decide whether discovery or suppressed material can go into a toolStart this taskSee suggested levelsBuild an index of candidate documents from metadata the lawyer has already cleared, without opening the underlying files in the tool.RedLawyer-led
  • Decide whether discovery, subpoenaed or suppressed material may be processed, and where
  • Do not treat the index as permission to upload
Check legislation citations against the official registerStart this taskSee suggested levelsExtract legislation citations from a draft into a list for checking on the official register.RedLawyer-led
  • Open each citation on this jurisdiction's official legislation register
  • Do not treat a second model as confirmation
Check procedural citations against the court rulesStart this taskSee suggested levelsExtract procedural citations from a draft into a list for checking against the court rules.RedLawyer-led
  • Open the court rules that apply in this jurisdiction
  • Do not paste interstate procedure as if it were local
Summarise the opposing pleading and list the facts still in issueStart this taskSee suggested levelsTurn the claim and defence into a table of admitted, denied and not-admitted facts, with a list of particulars that remain outstanding.GreenLawyer review
  • Check the table against the filed pleadings
  • Decide the legal effect of admissions; do not treat a summary as the pleading
Check an NCAT filing for material barred from Gen AI toolsChecklistStart this taskSee suggested levelsWritten for New South WalesNew South Wales onlyList summonsed, non-publication and statutorily restricted material in the file.RedLawyer-ledDecide whether any controlled-environment exception applies (para 9).
Prepare an SA court affidavit compliant with the SA Gen AI guidelinesStart this taskSee suggested levelsSouth Australia onlySource basis: SA court guideline.Check that any AI-assisted statement fairly and fully reflects the witness's evidence.RedLawyer-ledConfirm with the witness.
Verify every authority in a brief before filingChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyCheck AI-produced citations against authorised reports.RedLawyer-ledCosts and referrals follow fake citations.
Prepare an expert-report leave application where Gen AI will be usedChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyDraft the application for leave to use Gen AI in an expert report.YellowClose supervisionNSW SC Gen 23 para 20 requires leave.
Investigate AI tools for document collation as ordered by the courtChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyAssess AI for chronologies, summaries and document management.YellowClose supervisionFollow court orders like Lee J's s 37P(2) orders.
Draft a firm AI-supervision protocol for litigation teamsChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyDraft supervision and verification rules.GreenLawyer reviewPartner approves.
First-pass document review for relevance in discoveryChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyUse AI to rank and classify documents.YellowClose supervisionLawyer reviews privileged and borderline documents.
Prepare an AI-use disclosure statement for a Federal Court filingStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksDraft disclosure per GPN-AI.GreenLawyer reviewLawyer confirms compliance.
Verify every authority in submissions before filingStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksRun a citation check against AustLII/JADE.YellowClose supervisionLawyer signs off; see the AI hallucination cases.
Summarise discovery for privilege review with technology-assisted reviewStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksRun TAR on a discovery set.YellowClose supervisionLawyer reviews privilege calls.

Firm-wide obligations

Firm-wide obligations
ObligationWhat it covers
Trust accounting & handling client moneyChecks that apply across files.
Costs, billing & litigation fundingChecks that apply across files.
Client-facing & access-to-justice AI toolsChecks that apply across files.
Incoming evidence — deepfakes & synthetic documentsChecks that apply across files.
AI decision systemsChecks that apply across files.
Confidentiality & client informationChecks that apply across files.
AML/CTF — the practice as a reporting entityChecks that apply across files.
What changes in Australia
What changes in Australia
TopicWhat changes
Witness evidenceAI 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).
CitationsCheck 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.
ExpertsEvery 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
  • Never use AI to draft, embellish or rephrase the substance of a witness's evidence.
  • Never file, submit or advise on an AI-generated citation without checking it in a primary database.
  • Never let AI generate an expert's opinion or the substance of an expert's report.

Precedents for this area

All precedents for Commercial Litigation & Dispute Resolution. Signed-in accounts can read the full text.

Related tools

Related jurisdictions