Checklist · Incoming evidence — deepfakes & synthetic documents

Federal Court checklist: generative AI and evidentiary material

A checklist for evidentiary material in the Federal Court where generative AI may have been used: when the practice note requires disclosure, what that disclosure must say, and what must not be put into a tool.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
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 Commonwealth.
Version
1
Source
Written for this library

When to use it

Use before a document intended as evidence or opinion is filed or shown in the Federal Court, or before an exhibit is put into a generative AI tool. It does not draft the affidavit, the expert report, or the disclosure. It is not the production-set log.

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 whether a file was summarised, analysed, or created with a generative tool, from instructions the lawyer has already marked; the lawyer decides whether disclosure is required and what is filed.

AI may

  • List each exhibit the lawyer has marked as summarised, analysed, or created with a generative tool
  • Record which of the three disclosure categories on the practice note the lawyer is considering

AI must not

  • Must not draft the affidavit, the witness statement, the expert report, or the words of the disclosure
  • Must not describe a file as a deepfake or as authentic
  • Must not put confidential, privileged, suppressed, or private material into a generative tool

The lawyer checks

  • Disclosure, where it is required, is at the start of the document and states where and how the tool was used
  • An image, video, or sound created with a generative tool is identified as such, and only if the lawyer has decided the creation was necessary
  • Paragraphs 4.13 to 4.15 are considered before any part of the material is entered into a tool, including a closed tool

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

Authorities

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