Checklist · Commercial Litigation & Dispute Resolution

Gen AI verification checklist and disclosure wording for court documents (Federal Court, NSW, Victoria, Queensland)

A pre-filing checklist and court-specific wording for documents prepared with generative AI: input restrictions, verification of authorities and evidence, NSW affidavit and submission statements, Federal Court disclosure, Victorian records and Queensland naming.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, New South Wales, Victoria, Queensland
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 11 authorities it cites, for 4 jurisdictions.
Version
1
Source
Written for this library

When to use it

Use before filing or serving any pleading, submission, chronology, list of documents, affidavit or expert report in an Australian court where anyone in the team used a generative AI tool, and for every affidavit or witness statement filed in a NSW court (which must state that Gen AI was not used). Read the court's current practice note on the day; this kit does not replace it.

How AI may be used

Verification is lawyer-led. AI may extract citations, quotations and evidence references from a draft into a checking table, but a person must check each one against the primary source. Asking an AI tool to confirm its own or another tool's output is not verification.

AI may

  • Extract every citation, pinpoint, quotation and evidence reference from a draft into a checking table
  • Flag citation-format inconsistencies and references that do not match the court book index
  • Compile, from the matter's AI-use log, a list of the paragraphs where AI was used, for the lawyer to confirm

AI must not

  • Must not be used to confirm that an authority exists or says what is claimed
  • Must not draft, alter or rephrase the content of an affidavit, witness statement or character reference
  • Must not prepare any part of an expert report for a NSW court unless the court has given leave
  • Must not be given suppressed, subpoenaed or compulsorily produced material unless the court's conditions are met

The lawyer checks

  • Each authority was read in an authorised report or official register and supports the proposition
  • Each evidence reference exists in the court book or evidence and is reasonably likely to be admissible
  • The disclosure or verification wording required by the court is included and true
  • The supervising solicitor has signed off the AI-use record for the document

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

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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