---
title: "Letter instructing a digital forensics expert on suspected synthetic or altered media"
url: "https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/forensic-expert-instruction-letter"
type: "precedent"
site: "AI Law Framework"
id: "a44-forensic-expert-instruction-letter"
area_id: "A44"
kind: "letter"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-17"
---

# Letter instructing a digital forensics expert on suspected synthetic or altered media

> Instruction letter to a digital forensics expert to examine whether images, recordings, video or documents were generated or altered with AI, setting the questions, method, chain of custody, code of conduct and…

Canonical page: https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/forensic-expert-instruction-letter  
Law stated as at: 2026-10-17

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

Instruction letter to a digital forensics expert to examine whether images, recordings, video or documents were generated or altered with AI, setting the questions, method, chain of custody, code of conduct and AI-disclosure requirements.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Incoming evidence — deepfakes & synthetic documents](https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents.md)
- Jurisdictions: Australia, New South Wales, Victoria
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 7 authorities it cites, for Australia, New South Wales and Victoria.

## When to use it

Use when authenticity of an important digital exhibit is genuinely in doubt and the matter justifies expert evidence. Adapt for single or joint experts and for the forum's expert rules.

## How AI may be used

Lawyer-led. AI may index the materials and hashes for the expert and check that each question maps to an item in the authenticity table, but the lawyer frames the questions and assumptions and controls what the expert receives.

**AI may:**

- Index the native files, export logs and hash values being sent to the expert.
- Check that every question in the letter relates to a numbered item in the authenticity table and list allegations with no supporting item.
- Prepare a chronology of custody from the capture papers for the lawyer to verify.

**AI must not:**

- Must not draft or suggest the expert's opinions or conclusions.
- Must not frame questions in a way that assumes the answer.
- Must not transmit evidence files to the expert or any third party.

**The lawyer checks:**

- The questions are neutral and the assumptions are stated.
- The expert has the correct code of conduct and the forum's AI requirements, and the required acknowledgment or certification is obtained.
- The materials sent are forensic copies with verified hashes and a custody record.

## Authorities

- [Federal Court of Australia, Expert Evidence Practice Note (GPN-EXPT) and Harmonised Expert Witness Code of Conduct](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt)
- [Federal Court of Australia, Use of Generative Artificial Intelligence Practice Note (GPN-AI), 16 April 2026, paras 4.9 to 4.11](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ai)
- [Uniform Civil Procedure Rules 2005 (NSW) Pt 31 Div 2, r 31.23 and Sch 7 (Expert witness code of conduct)](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2005-0418)
- [Supreme Court of NSW Practice Note SC Gen 23 – Use of Generative Artificial Intelligence (Gen AI), paras 19 to 22 and 24](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf)
- [Federal Circuit and Family Court of Australia, Practice Direction: Use of Artificial Intelligence (PD-AI), 29 May 2026, para 4.10](https://www.fcfcoa.gov.au/sites/default/files/2026-05/fcfcoa_pd_-_use_of_artificial_intelligence_-_pd-ai_-_0526v1.pdf)
- [Supreme Court of Victoria Practice Note SC Gen 25, 14 May 2026, para 6.12](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users)
- [Evidence Act 1995 (Cth) ss 79 and 119 (opinion based on specialised knowledge; litigation privilege)](https://www.legislation.gov.au/C2004A04858/latest/text)

## Official form

[Official form](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt)

## 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/forensic-expert-instruction-letter 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.*