---
title: "Federal Court checklist: generative AI and evidentiary material"
url: "https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/federal-court-genai-evidence-disclosure"
type: "precedent"
site: "AI Law Framework"
id: "a44-federal-court-genai-evidence-disclosure"
area_id: "A44"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A44-A20260923-2", "A44-T1-R2"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/federal-court-genai-evidence-disclosure  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Incoming evidence — deepfakes & synthetic documents](https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents.md)
- Jurisdictions: 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 Commonwealth.

## 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

- [Draft an authenticity challenge or expert-instruction letter](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/draft-an-authenticity-challenge-or-expert-instruction-letter.md)
- [Flag candidate synthetic or altered items in a production set](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/flag-candidate-synthetic-or-altered-items-in-a-production-set.md)

## 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

## Authorities

- [Federal Court of Australia, Use of Generative Artificial Intelligence Practice Note (GPN-AI), 16 April 2026, paragraphs 3.1, 4.7 to 4.15 and 5.1](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-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/incoming-evidence-deepfakes-and-synthetic-documents/federal-court-genai-evidence-disclosure 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.*