Checklist · Family Law

FCFCOA record for an AI explanation if the Court asks

Paragraph 4.11 does not require a routine AI disclosure, except for an expert. The person responsible should be able to explain, if asked, whether AI was used, which tool, how the output was checked, and how the principles were observed.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
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 GenAI assists with a document for the Federal Circuit and Family Court of Australia that is not an expert report. Keep the note on the file. File it only if the Court requests the explanation.

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

AI may fill the file note from facts the lawyer supplies. The lawyer checks every entry. The note is not filed unless the Court asks. The live compliance task is Green. This note is Yellow because the explanation is what the Court may rely on.

AI may

  • Record whether a tool was used, its name, and which part of the document it touched
  • Record the human check: what was opened, and what was changed

AI must not

  • Must not file the note unless the Court requests the explanation
  • Must not treat the note as the expert certificate in paragraph 4.10
  • Must not record that a GenAI tool was the only check

The lawyer checks

  • The four paragraph 4.11 points can be answered by the person who created the document, or by the person responsible for the file
  • Paragraph 4.7 was actually done: fact-check, edit, and verification against a source the direction names
  • Signing or filing still carries the paragraph 4.8 representation

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

Authorities

Read the full text

More in Family Law

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