---
title: "Advise on an application for summary judgment"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-an-application-for-summary-judgment"
type: "task"
site: "AI Law Framework"
id: "A5-LA20261022-7"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Advise on an application for summary judgment

> 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.…

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-an-application-for-summary-judgment  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: 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 does: 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.
- 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.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Match the proposed ground to a paragraph of rule 26.01(1).
2. Confirm section 31A(5) is addressed if the proceeding is criminal. The section does not apply.
3. Confirm 14 days between service and the hearing is on the timetable.
4. If only part would be disposed of, confirm rule 26.01(4) or (5) is on the lawyer's list.
5. Confirm the tool has not drafted the application or the supporting evidence.

## 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.

## Sources

- [Federal Court Rules 2011 (Cth) r 26.01](https://classic.austlii.edu.au/au/legis/cth/consol_reg/fcr2011186/s26.01.html) (checked 2026-10-22)
- [Federal Court of Australia Act 1976 (Cth) s 31A](https://classic.austlii.edu.au/au/legis/cth/consol_act/fcoaa1976249/s31a.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/advise-on-an-application-for-summary-judgment/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.*