Advise on an application for summary judgment
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the pleadings, list which ground in rule 26.01(1) is proposed, whether it is the whole or a part of the proceeding, and the facts the instructions already give for that ground. Record the hearing date and whether 14 days' service is available. Do not draft the application or the supporting evidence, and do not say that the other party has no reasonable prospect of success.
- What the lawyer must review
- The lawyer decides whether a ground in rule 26.01(1) is made out, including section 31A where the ground is no reasonable prospect of success. Section 31A(3) says a defence or proceeding need not be hopeless or bound to fail for it to have no reasonable prospect of success. Section 31A(5) says the section does not apply to criminal proceedings. The lawyer prepares the application and the affidavit rule 26.01(2) requires, stating the grounds and the facts and circumstances relied on, and serves them at least 14 days before the hearing.
- 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 | Supporting preparation only. From the pleadings, list which ground in rule 26.01(1) is proposed, whether it is the whole or a part of the proceeding, and the facts the instructions already give for that ground. Record the hearing date and whether 14 days' service is available. Do not draft the application or the supporting evidence, and do not say that the other party has no reasonable prospect of success. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Match the proposed ground to a paragraph of rule 26.01(1).
- Confirm section 31A(5) is addressed if the proceeding is criminal. The section does not apply.
- Confirm 14 days between service and the hearing is on the timetable.
- If only part would be disposed of, confirm rule 26.01(4) or (5) is on the lawyer's list.
- Confirm the tool has not drafted the application or the supporting evidence.
Sources
- Federal Court Rules 2011 (Cth) r 26.01 · 2026-10-22
- Federal Court of Australia Act 1976 (Cth) s 31A · 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.