Draft urgent freezing, recovery or injunction papers from the facts brief
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- The affidavit is barred to the tool: the lawyer drafts it, and the application and proposed orders as well. Index the annexures against the lawyer's draft in both directions, listing every annexure the draft does not refer to and every document the draft refers to that is not annexed. List every asserted fact anywhere in the draft that has no source in the facts brief or the documents — asset dissipation, travel and a child's whereabouts are examples, not the limit. Check the lawyer's draft affidavit against every disclosure item the court's without-notice rule requires and list the ones not yet addressed — previous proceedings, orders in force, any breach of an order, any allegation of family violence or child abuse, hardship or prejudice to the respondent, a child or a third party, whether the respondent or their lawyer has been told, the applicant's capacity to give an undertaking as to damages, why the order must be made urgently, and the other party's last known address. List every relief sought in the application with no matching proposed order, and every order sought that no paragraph of the affidavit supports. Flag departures from the court's urgent-list and without-notice filing requirements. Whether the duty of full and frank disclosure is met is the lawyer's judgment, not a form the tool can check.
- What the lawyer must review
- The lawyer drafts the affidavit, the application and the orders, and the deponent must adopt the evidence. Full and frank disclosure on a without-notice application sits with the lawyer: read the draft against the source documents for adverse facts, and satisfy yourself the sworn material covers every matter the without-notice rule enumerates, including the applicant's capacity to give an undertaking as to damages. Check the court's current urgent-list and without-notice rules, and confirm each order sought is one the court can make.
- Written for / version
- Written for AustraliaUS
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes extracting and organising information and identifying points for review. Confirm the tool’s capability and permitted scope. 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
- Confirm each factual assertion with the witness and original record. Preserve the witness’s own knowledge and words, and check the court’s rules for this document.
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Application – enforcement (family law, other than parenting) | Form | AI use Yellow | Link to the family law Application – Enforcement, used to enforce existing orders other than parenting orders, with an affidavit and a copy of the orders. |
Signed-in accounts can read the full text of each one. All precedents.