Checklist · Family Law

Checklist: authenticity of digital evidence (messages, recordings, images) and deepfake risk

Checklist for preserving, testing and presenting texts, recordings, photos and videos in family law cases, including AI-generated or altered material, the legality of recordings, and when to brief a forensic expert.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth, New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use when a client gives you digital material to rely on, or when the other party relies on material your client says is fake or altered. Do not use as a substitute for expert forensic analysis where authenticity is genuinely contested.

How AI may be used

AI forensic tools can flag possible manipulation but are not conclusive and are not evidence by themselves. Contested authenticity needs preserved originals, metadata and, where warranted, an independent expert. Lawyers must never use AI to enhance or alter media.

AI may

  • Index exported messages and media by date, sender and source device for the lawyer
  • Flag inconsistencies between metadata, content and the client's account for the lawyer to investigate
  • Run an approved detection tool as a triage step, recording the tool, version and result

AI must not

  • Must not enhance, clean up, transcribe-and-replace or otherwise alter any media relied on as evidence (PD-AI para 4.6(b))
  • Must not present a detection tool's score as proof that material is genuine or fake
  • Must not upload intimate images or children's images to any AI tool

The lawyer checks

  • Originals and devices preserved, with a record of who handled them
  • Whether a recording was lawfully made under the relevant state law
  • Whether expert evidence is needed and how to raise any allegation of AI misuse with the Court

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

Authorities

Read the full text

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All precedents for Family Law · Tasks and AI use in this area