Checklist · Family Law
FCFCOA restricted information and GenAI tools
Paragraph 5.5 limits what may be entered into a GenAI tool: material from production, disclosure, discovery, subpoena, or a suppression or statutory prohibition, unless three conditions are met. Family law publication limits sit in paragraph 5.2.
- 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 before any court document, subpoenaed material, disclosure or discovery, or information about a family law proceeding, is entered into a GenAI tool for a proceeding in the Federal Circuit and Family Court of Australia.
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 list the class of document proposed to be entered. The lawyer decides whether paragraph 5.5 is satisfied. A wrong entry can publish family law information.
AI may
- List the document and which paragraph 5.5 class it falls into
- Record whether the tool is a closed environment and whether training and third-party access are excluded
AI must not
- Must not enter production, disclosure, discovery, subpoenaed, suppressed or prohibited material unless all three paragraph 5.5 conditions are met
- Must not put confidential or sensitive information into a public tool
- Must not assume a paid or closed tool meets paragraph 5.5. The direction says the assurance may not be available
- Must not draft around the family law publication offence. The section number was not in the body that was read
The lawyer checks
- The three paragraph 5.5 conditions are each true of the tool that will be used
- Chat history and web search are disabled if the tool allows it, as paragraph 5.4 requires
- Paragraph 5.2 is considered before any account of a family law proceeding is placed in a tool
- Paragraph 5.6 is considered before any recording or transcription tool is used in court. The rules of court were not opened
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.
More in Family Law
- Disclosure index and update timetable for a family law case
- FCFCOA affidavit in the witness's own words
- Application to register a change of name for a child (ACT): completion guide
- Application in a proceeding (family law)
- Response to Initiating Application (Family Law): completion guide and filing checklist
- Initiating Application (Family Law): completion guide for parenting and financial orders
- FCFCOA expert certificate that the AI direction was read
- Financial Statement (Family Law): completion and disclosure guide
- Application to register a change of name for an adult (ACT): completion guide
- Application for Consent Orders (Family Law): completion guide, superannuation notice and filing checklist
- Application – contravention (family law)
- Superannuation information, valuation and procedural-fairness steps
- Binding financial agreement (marriage or de facto) with statement of independent legal advice
- FCFCOA record for an AI explanation if the Court asks
- Application for Divorce (Federal Circuit and Family Court): eligibility, eFiling and service guide
- Application – enforcement (family law, other than parenting)
- Register a change of name (South Australia): completion guide
- Section 60I and section 66H certificate checklist before a parenting application
- Notice of appeal (family law)
- Response to Divorce (Federal Circuit and Family Court): when to file it and how to complete the sworn response
- Child under 16 change of name (Tasmania): completion guide
- Parenting plan topics from the Attorney-General's fact sheet
- Letter of advice on property settlement (post-10 June 2025 framework) with settlement recommendation
- Client notice: how we use AI, and keeping your family law matter confidential and safe
- Family Court of WA list before assuming an AI direction
- Affidavit – Family law and child support: when it is needed, how to complete it, and keeping AI out of the evidence
- Genuine steps certificate (family law)
- Child change of name by both parents (Northern Territory): completion guide
- Checklist: authenticity of digital evidence (messages, recordings, images) and deepfake risk
- Child change of name by one parent (Northern Territory): completion guide
- Lost birth certificate statutory declaration (Northern Territory): completion guide
- Statutory declaration for relationship registration (Tasmania): completion guide
All precedents for Family Law · Tasks and AI use in this area