---
title: "FCFCOA affidavit in the witness's own words"
url: "https://ailawframework.com/precedents/family-law/fcfcoa-affidavit-own-words"
type: "precedent"
site: "AI Law Framework"
id: "a16-fcfcoa-affidavit-own-words"
area_id: "A16"
kind: "checklist"
ai_level: "red"
version: 1
task_ids: ["A16-B1-1", "A16-B6-2", "A16-B6-3", "A16-T1-R2"]
law_stated_as_at: "2026-10-22"
---

# 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.…

Canonical page: https://ailawframework.com/precedents/family-law/fcfcoa-affidavit-own-words  
Law stated as at: 2026-10-22

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

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.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Family Law](https://ailawframework.com/precedents/family-law.md)
- Jurisdictions: Australia, Commonwealth
- 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 Commonwealth.

## 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](https://ailawframework.com/practice/family-law/check-an-fcfcoa-filing-against-pd-ai.md)
- [Comply with FCFCOA PD-AI when preparing documents](https://ailawframework.com/practice/family-law/comply-with-fcfcoa-pd-ai-when-preparing-documents.md)
- [Advise a client on using AI for their own affidavit](https://ailawframework.com/practice/family-law/advise-a-client-on-using-ai-for-their-own-affidavit.md)
- [Draft an affidavit or witness statement from the proofing note](https://ailawframework.com/practice/family-law/draft-an-affidavit-or-witness-statement-from-the-proofing-note.md)

## 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

## Authorities

- [Federal Circuit and Family Court of Australia, Practice Direction: Use of Artificial Intelligence, issued 29 May 2026 by Chief Justice and Chief Judge William Alstergren](https://www.fcfcoa.gov.au/pd/pd-ai)

## 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/family-law/fcfcoa-affidavit-own-words 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.*