Using tools like ChatGPT, Copilot or Gemini to draft letters, organise thoughts or research the law has become increasingly common. If you’re involved in a family law matter, the Federal Circuit and Family Court of Australia now has clear rules about how these tools can be used.
On 29 May 2026, the Court introduced its Practice Direction: Use of Artificial Intelligence (PDAI). It applies to everyone involved in proceedings, including self-represented litigants, lawyers, experts and witnesses, and covers AI built into everyday software such as drafting assistants and transcription tools.
AI is allowed, but you’re responsible for it. While the Court recognises AI can save time and money, it can also produce convincing but inaccurate content, including cases and laws that don’t exist. Anything you prepare with AI must be correct, current and relevant, and any legal references must be verified. This applies even to paid or “private” AI products, and the Court will not accept a lack of understanding as an excuse. Affidavits must reflect your own knowledge and experiences in your own words, and AI must never be used to alter or fabricate photos, recordings or other evidence.
Privacy is particularly important in family law. Information typed into a public AI tool may be stored, reused or seen by others. Publicly identifying a party, witness or child can be a criminal offence, and leaked details such as a protected address could put someone’s safety at risk. Material obtained through subpoenas, disclosure or discovery, or covered by a suppression order, must not be entered into any AI tool unless strict safeguards are met, which many tools can’t guarantee.
You don’t have to declare that you used AI, but if the Court asks, you should be able to explain which tool you used and how you checked its output. Misuse may lead the Court to disregard material, make costs orders or refer the matter to a regulator.
The key message is simple: AI can be a helpful tool, but it is no substitute for reliable legal advice.
Whether you’re separating, working through parenting or property arrangements, or your matter is already in court, our team at RobertsLaw can provide guidance tailored to your circumstances. Contact RobertsLaw to book a confidential consultation.