Agreement · Incoming evidence — deepfakes & synthetic documents

Protocol for exchange of native electronic files where authenticity is in issue

Short protocol the parties can adopt for a file whose authenticity, identity or provenance is disputed: native file, hash, metadata export, no public AI, and a timetable for a s 167 request.

Kind
Agreement. A contract between two or more parties.
Where it applies
Commonwealth, New South Wales, Victoria, Australian Capital Territory, Northern Territory, Tasmania
AI use
Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 5 authorities it cites, for 6 jurisdictions.
Version
1
Source
Written for this library

When to use it

Use at a directions hearing or in correspondence when a particular image, message export, audio or video is disputed. It is an agreement about handling that material. It is not a submission on admissibility and it does not replace an expert report.

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

The lawyer writes and negotiates the protocol; a tool may only insert agreed item identifiers, dates and party names from the instructions into the schedule.

AI may

  • Insert item identifiers, party names and proposed dates from a list the lawyer has approved.
  • Check the schedule for blank rows after the lawyer has filled the operative clauses.

AI must not

  • Must not draft or amend the operative clauses that the parties are asked to adopt.
  • Must not describe either party's file as authentic or as fabricated.
  • Must not send the protocol.

The lawyer checks

  • The item list matches the files actually in dispute, not the whole production.
  • The hash method, the holder of the native file, and the dates are agreed or clearly marked as proposed.
  • Clause 6 matches GPN-AI paras 4.13 to 4.15 if the proceeding is in the Federal Court, and any suppression or confidentiality order.

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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