Checklist · Commercial Litigation & Dispute Resolution
WA Supreme Court generative AI evidence caution
The Western Australian Supreme Court guidelines on verifying AI content, keeping affidavits in the witness's own words, and disclosing use when the Court directs or where it is necessary or appropriate. No certificate is prescribed.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia, Western Australia
- 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 Western Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use for a proceeding in the Supreme Court of Western Australia, including a civil or criminal proceeding, and including an expert witness. The guidelines PDF that was opened does not state an issue date or a commencement date. A separate consultation note is not an in-force direction.
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
Paragraph 11 concerns affidavits, witness statements and expert opinions. Those documents are evidence. The lawyer writes them. AI may keep a note of any use so a later direction to disclose can be answered.
AI may
- Record whether generative AI was used, in which part, and how a person checked it
- Flag confidential, suppressed or privileged material before it is placed in a public or unsecured tool
AI must not
- Must not substitute AI text for the witness's own words or the expert's own opinion
- Must not treat assistance from a generative AI tool as an answer to an error or omission
- Must not treat the consultation note as a practice direction
- Must not invent a non-use certificate. The guidelines do not prescribe one
The lawyer checks
- A person who signs, certifies, files or relies on the document has verified it
- The affidavit or witness statement is in the witness's own words and reflects personal knowledge
- The expert report follows Practice Direction 4.5.2.1. That practice direction was not opened
- Disclosure is made when the Court directs it, or where it is otherwise necessary or appropriate
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- 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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