Letter · Incoming evidence — deepfakes & synthetic documents

Letter requesting native files, metadata and device examination (Evidence Act s 167)

Letter to the other side requesting production of the original native file and metadata, examination and testing of the file and the device that produced it, and the person who created it, where AI generation or alteration is suspected.

Kind
Letter. A letter or email you adapt and send.
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

Send as soon as you have a copy of a document, image or recording the other side intends to tender and its authenticity is in question. Under s 168(5) the request must generally be made within 21 days after service of the copy; otherwise you need leave.

How AI may be used

AI can populate the schedule of items and the metadata mismatches from the lawyer's review, and check dates against the s 168 time limit, but the lawyer decides what to request and how to describe the concern.

AI may

  • Build the schedule of items with file names, document IDs, service dates and the 21-day deadline for each.
  • Summarise the metadata inconsistencies identified in the lawyer's or expert's review for the letter.
  • Check the draft for consistency between the schedule and the requests.

AI must not

  • Must not allege fabrication or forgery; the letter should state the concern neutrally.
  • Must not include privileged expert opinion without the lawyer's decision to disclose it.
  • Must not send the letter.

The lawyer checks

  • Each request falls within s 166 and is reasonable.
  • The letter is sent within 21 days after service of the copy, or leave will be sought.
  • The proposed examination protocol protects confidentiality and the original.

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

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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