Checklist · Commercial Litigation & Dispute Resolution

Federal Court GPN-AI evidence disclosure

When Generative AI must be disclosed in a Federal Court evidentiary document, and the checks the named responsible person is expected to have made. Chief Justice Mortimer, 16 April 2026. The note does not prescribe the disclosure sentence.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth
AI use
Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and Commonwealth.
Version
1
Source
Written for this library

When to use it

Use before a document is filed in the Federal Court of Australia where Generative AI was used to summarise or analyse information a witness relies on, to create multimedia put before the Court, or in another way that might affect admissibility or the use the Court makes of the evidence.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

A disclosure under paragraphs 4.10 and 4.11 sits in the evidentiary document. The lawyer writes it. AI may list the limbs. The live task for a Federal Court disclosure statement is Green. This checklist is Red because the statement is filed with the evidence.

AI may

  • List the paragraph 4.10 limbs against the document
  • List the paragraph 4.5 confirmations for a pleading, submission, chronology or list of documents
  • Leave a blank for where in the document the tool was used and how

AI must not

  • Must not generate the affidavit, witness statement or expert opinion
  • Must not add a disclosure where paragraph 4.10 does not apply and the Court has not required one
  • Must not treat a Generative AI tool as the check of its own output
  • Must not put restricted information into a tool before the paragraph 4.14 and 4.15 questions are answered

The lawyer checks

  • Paragraph 4.8: the affidavit or witness statement reflects the person's own recollection, knowledge and/or experience
  • Paragraph 4.9: the expert report is the expert's own opinion and reasoning. GPN-EXPT was not opened
  • The disclosure is at the start of the document and says where and how Generative AI was used
  • The person named on the document has made the paragraph 4.5 confirmations that apply

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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