---
title: "Affidavit (Federal Court Form 59): form rules, annexures and GPN-AI limits on AI in evidence"
url: "https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-fca-affidavit"
type: "precedent"
site: "AI Law Framework"
id: "a5-form-fca-affidavit"
area_id: "A5"
kind: "form"
ai_level: "red"
version: 1
task_ids: ["A5-T1-R3", "A5-B8-1"]
law_stated_as_at: "2026-10-18"
---

# Affidavit (Federal Court Form 59): form rules, annexures and GPN-AI limits on AI in evidence

> Link to the Federal Court's Form 59 with a guide to the form rules in r 29.02 (first person, numbered paragraphs, annexures, pagination, signatures) and the GPN-AI rules on AI in affidavits.

Canonical page: https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-fca-affidavit  
Law stated as at: 2026-10-18

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

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Commercial Litigation & Dispute Resolution](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the official form at fedcourt.gov.au and the 3 authorities it cites, for Australia and Commonwealth.

## When to use it

Use whenever evidence is given by affidavit in a Federal Court proceeding, including an affidavit accompanying an originating application under r 8.05.

## Used for these tasks

- [Draft an affidavit or witness statement from the proof](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-an-affidavit-or-witness-statement-from-the-proof.md)
- [Prepare an AI-use disclosure statement for a Federal Court filing](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md#A5-B8-1)

## How AI may be used

Lawyer-led. An affidavit must reflect the deponent's own recollection and knowledge; AI may check form and annexures but must not draft, outline or rephrase any of the evidence.

**AI may:**

- Check the affidavit against r 29.02 (first visible page, numbered paragraphs, pagination, signatures) and list defects
- Index annexures and exhibits and check each is referred to and marked
- Find dates and document references in the deponent's own documents when the lawyer asks, with a source for each

**AI must not:**

- Must not draft, outline, scaffold or rephrase any paragraph of evidence
- Must not summarise or analyse information the witness relies on, unless that use is disclosed as GPN-AI para 4.10 requires
- Must not process material subject to a non-publication order, or produced under compulsion, in a tool the law does not allow

**The lawyer checks:**

- Made in the first person, in the deponent's own words, from their own knowledge
- First visible page states the deponent's description and the date sworn
- Accompanying documents annexed (or exhibited if original or too large); every page consecutively numbered from 1
- Each page (not annexures) signed by the deponent and the person before whom it is sworn
- Any GPN-AI disclosure made at the start of the document

## Authorities

- [Federal Court Rules 2011 (Cth) r 29.02 (form of affidavit: Form 59)](https://www.legislation.gov.au/F2011L01551/latest/text)
- [Federal Court of Australia, Use of Generative Artificial Intelligence Practice Note (GPN-AI), paras 4.7, 4.8, 4.10 and 4.11](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ai)
- [Federal Court of Australia, Federal Court Rules forms (Form 59)](https://www.fedcourt.gov.au/forms-and-fees/forms/federal-court-rules)

## Official form

[Official form](https://www.fedcourt.gov.au/forms-and-fees/forms/federal-court-rules)

## Where this comes from

The official form is published by fedcourt.gov.au; this page is a completion guide. Last checked on 2026-10-18.

## 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/form-fca-affidavit 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.*