---
title: "Prepare a Western Australian affidavit without substituting the witness’s voice"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof/western-australia"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "J-WA-R20260922-2"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
jurisdictions: ["WA"]
last_reviewed: "2026-10-01"
---

# 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.

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof/western-australia  
Last reviewed: 2026-10-01

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 | Organise the witness’s notes into a topic order for a conference. Do not draft the affidavit’s paragraphs. |
| What the lawyer must review | Read the final affidavit with the witness Remove generated prose even if it is fluent |
| Written for | Western Australia |
| Applies to | [Draft an affidavit or witness statement from the proof](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof.md) |

## Checking plan

**Line-by-line review**

The guidelines say an affidavit must reflect the witness’s personal knowledge in their own words. A topic order is preparation. The voice is the witness’s.

- What the AI does: Organise the witness’s notes into a topic order for a conference. Do not draft the affidavit’s paragraphs.
- What the lawyer does: Settle the affidavit with the witness and remove anything that is not their account.
- Who reviews: Lawyer competent in the matter and the forum
- Basis: Planning guidance checked against the linked public sources on 22 September 2026. Confirm the current instrument before reliance.
- Why: The traffic light follows the consequence of an error and how much of the output the lawyer must check before it is used.

## Checks the lawyer makes

1. Keep the tool on structure, not on the witness’s sentences.
2. Confirm each fact with the witness.
3. Apply the guidelines’ warning that AI content must not substitute the witness’s voice.
4. The witness reads the document before it is sworn or affirmed.

## Notes

- Suggested working checks from the linked public sources. Read the source and confirm it applies to this forum and this date. The checks do not approve software or record that the work is done.

## Practical guide

Jurisdiction: Supreme Court of Western Australia

**Deliverable**: A topic order, then an affidavit in the witness’s words.

**Inputs**

- The witness’s notes
- The guidelines’ paragraph on affidavits

**Example**: A smoother verb the witness would not use is changed back.

**Stop and escalate when**

- The tool has produced the affidavit and nobody has read it with the witness.
- The draft is an expert report. That follows the Harmonised Code and needs its own decision on disclosure.

Checked 2026-09-22.

## Sources

- [Supreme Court of Western Australia: Guidelines for the use of generative AI](https://www.supremecourt.wa.gov.au/_files/Guidelines%20for%20the%20Use%20of%20Generative%20Artificial%20Intelligence.pdf) (checked 2026-09-22)

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