Notice · In-House / General Counsel

Litigation hold (document preservation) notice, covering chat, AI prompts, outputs and meeting transcripts

A preservation notice that tells custodians what to keep once a claim, investigation or regulator notice is reasonably anticipated, including chat messages, AI prompts and outputs, AI meeting summaries and personal devices, with a custodian acknowledgement and an IT systems checklist.

Kind
Notice. A formal notice to serve or publish.
Where it applies
Australia, New South Wales, Victoria
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use as soon as litigation, a regulator investigation or a compulsory notice is reasonably anticipated. Issue it before collection starts. Do not use it as a regulator response or a discovery list; it preserves documents, it does not produce them.

How AI may be used

AI may draft the notice from the claim or regulator notice and propose custodians, systems and date ranges. Legal settles the scope, issues the notice and tracks acknowledgements.

AI may

  • Extract parties, topics, date ranges and named people from the claim or notice to propose the scope in Part 3.
  • Propose custodians and systems from the organisation chart and the IT system list, for Legal to confirm.
  • Track acknowledgements and draft reminders for Legal to send.

AI must not

  • Must not narrow the scope or release a hold.
  • Must not be used by custodians to summarise, rewrite or "tidy" documents covered by the hold.
  • Must not receive the claim papers in a tool not approved for privileged and confidential material.

The lawyer checks

  • Automatic deletion is suspended in every system in Schedule 2, including chat, AI tools and meeting transcription.
  • Former employees' accounts and devices are preserved.
  • Third parties holding our documents (IT providers, consultants, AI vendors) have been asked to preserve.

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

Authorities

Read the full text

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