Checklist · Family Law
FCFCOA affidavit in the witness's own words
Paragraph 4.9 of the FCFCOA AI practice direction: an affidavit must be based on the witness's own knowledge, experience or opinion, in the witness's own words. The direction does not require a non-use certificate unless the Court asks.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia, Commonwealth
- 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 Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use when an affidavit or other document that purports to express a witness's evidence or opinion is prepared for the Federal Circuit and Family Court of Australia (Division 1) or (Division 2). The practice direction was issued on 29 May 2026 by Chief Justice and Chief Judge William Alstergren.
Used for these tasks
- Check an FCFCOA filing against PD-AI
- Comply with FCFCOA PD-AI when preparing documents
- Advise a client on using AI for their own affidavit
- Draft an affidavit or witness statement from the proofing note
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The affidavit is sworn evidence. The witness and the lawyer write it in the witness's own words. AI does not draft it. Paragraph 4.11 does not require a disclosure certificate unless the Court asks.
AI may
- List topics the witness has already stated, for the lawyer to take the witness through
- Remind the lawyer of the paragraph 4.9 own-words requirement
AI must not
- Must not generate the affidavit or put words into the witness's mouth
- Must not add a non-use certificate. Paragraph 4.11 does not require one unless the Court asks
- Must not modify, enhance or fabricate images, video or sound
- Must not use an AI tool to perpetrate family violence as defined in Family Law Act section 4AB, or litigation abuse as paragraph 4.20 describes it
The lawyer checks
- The content is the witness's own knowledge, experience or opinion, in the witness's own words
- Signing or filing is treated as paragraph 4.8 describes: the document is considered accurate, appropriate, complete and compliant
- Any non-English material was prepared with a NAATI certified translator, as paragraph 4.7 requires
- The live family-law affidavit form is not replaced by this checklist
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- 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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