Artificial intelligence programs such as ChatGPT, Microsoft Copilot, Google Gemini, to name a few, are now a part of everyday life.
The Federal Circuit and Family Court of Australia issued a Practice Direction on 29 May 2026 dealing with the use of AI in Court proceedings. The Practice Direction is simple: the use of AI in Court proceedings is not banned, but it must be used with caution and transparency.
Key takeaways
- AI may be used, but with caution. It is a tool, not a substitute for legal advice.
- You remain responsible for what is filed. Any document submitted to the Court must be accurate, even if AI helped prepare it.
- Check all AI-generated content. Cases, legislation, quotes and legal arguments must be verified.
- Do not upload confidential Court material to public AI tools. This may compromise privacy, confidentiality and legal professional privilege.
- Your evidence must be your evidence. Affidavits and statements must reflect the actual knowledge and recollection of the person giving evidence.
- Family law information is highly sensitive. Extra care is needed with material involving children, finances, health, family violence or private communications.
- Misuse may have consequences. Inaccurate or misleading AI-generated material may lead to criticism, costs consequences or professional conduct issues.
Practical takeaways
If you are using AI in family law matters:
- Do not upload Court documents or material into public AI programs;
- Do not let AI invent, embellish or rewrite your evidence;’
- Double-check facts before signing documents;
- Verify cases, quotes and legislative references;
- Treat AI as an assistant, not a decision maker.
AI is not going anywhere and can be helpful when used appropriately. Family law matters involve real people, real children and real consequences. For family law advice tailored to your circumstances, contact our office on (07) 4051 7575, or book an initial consultation online.