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
- Prepare an AI-use disclosure statement for a Federal Court filing
- Check a court document against the AI practice note before filing
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.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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