---
title: "WA Supreme Court generative AI evidence caution"
url: "https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/wa-gen-ai-evidence-caution"
type: "precedent"
site: "AI Law Framework"
id: "a5-wa-gen-ai-evidence-caution"
area_id: "A5"
kind: "checklist"
ai_level: "red"
version: 1
task_ids: ["A5-V20260923-3"]
law_stated_as_at: "2026-10-22"
---

# 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.…

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

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

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.

## 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, Western Australia
- 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 Western Australia.

## 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

- [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

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

## Authorities

- [Supreme Court of Western Australia, Guidelines for the use of generative AI](https://www.supremecourt.wa.gov.au/_files/Guidelines%20for%20the%20Use%20of%20Generative%20Artificial%20Intelligence.pdf)

## 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/wa-gen-ai-evidence-caution 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.*