---
title: "Draft a statement of claim, defence, counterclaim or cross-claim from the brief"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-pleadings-from-the-facts-and-issues-brief/australia"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A5-T1-R2-AU"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["AU"]
last_reviewed: "2026-09-23"
---

# 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.

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-pleadings-from-the-facts-and-issues-brief/australia  
Last reviewed: 2026-09-23

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 | Yellow: Lawyer and AI draft together |
| How AI is used | 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. |
| What the lawyer must review | 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 |
| Written for | Australia |
| Applies to | [Draft pleadings from the facts-and-issues brief](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-pleadings-from-the-facts-and-issues-brief.md) |

## Checking plan

**Lawyer review required**

The responsible lawyer reviews the work against the instructions, sources and intended use.

- What the AI does: Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope.
- What the lawyer does: Set the scope, verify the evidence, resolve exceptions and approve the final output for its intended use.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Suggested checking approach based on the task guidance. Complete the assessment for the actual tool, information and jurisdiction.
- Why: The plan reflects the described work and review requirements. Policy colours are not used to determine permission or checking.

## Checks the lawyer makes

1. Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
2. Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
3. Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
4. Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
5. Review the original source set for relevant material absent from the output, including contrary evidence, qualifications and unresolved gaps.
6. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
7. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
8. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

## Notes

- Confirm the required checking with the responsible lawyer before work starts. The checking approach does not establish permission to use AI.

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