---
title: "Federal Court GPN-AI evidence disclosure"
url: "https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/fct-gpn-ai-evidence-disclosure"
type: "precedent"
site: "AI Law Framework"
id: "a5-fct-gpn-ai-evidence-disclosure"
area_id: "A5"
kind: "checklist"
ai_level: "red"
version: 1
task_ids: ["A5-B8-1", "A5-V20260923-3"]
law_stated_as_at: "2026-10-22"
---

# 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.…

Canonical page: https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/fct-gpn-ai-evidence-disclosure  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Commercial Litigation & Dispute Resolution](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution.md)
- Jurisdictions: Australia, Commonwealth
- AI level: 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: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Australia and Commonwealth.

## 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](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/prepare-an-ai-use-disclosure-statement-for-a-federal-court-filing.md)
- [Check a court document against the AI practice note before filing](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/check-a-court-document-against-the-ai-practice-note-before-filing.md)

## 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

## Authorities

- [Federal Court of Australia, Use of Generative Artificial Intelligence Practice Note (GPN-AI), Chief Justice D S Mortimer, 16 April 2026](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ai)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/fct-gpn-ai-evidence-disclosure and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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