---
title: "FCFCOA record for an AI explanation if the Court asks"
url: "https://ailawframework.com/precedents/family-law/fcfcoa-explain-if-asked"
type: "precedent"
site: "AI Law Framework"
id: "a16-fcfcoa-explain-if-asked"
area_id: "A16"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A16-B1-1", "A16-B6-2", "A16-B8-1"]
law_stated_as_at: "2026-10-22"
---

# 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…

Canonical page: https://ailawframework.com/precedents/family-law/fcfcoa-explain-if-asked  
Law stated as at: 2026-10-22

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

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.

## 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: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- 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 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

- [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)
- [Comply with FCFCOA AI practice direction in family documents](https://ailawframework.com/practice/family-law.md#A16-B8-1)

## 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

## Authorities

- [Federal Circuit and Family Court of Australia, Practice Direction: Use of Artificial Intelligence, paragraphs 4.7, 4.8 and 4.11, issued 29 May 2026](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-explain-if-asked 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.*