The Federal Circuit and Family Court of Australia (FCFCOA) has established a formal policy on artificial intelligence in legal practice, requiring lawyers and court participants to adhere to strict procedures when using AI-driven tools. Issued on June 3, 2026, the practice direction covers all software and services, whether marketed as AI or not, including drafting platforms and document management systems. The guidelines extend to any technology that automates or assists in legal work.
The policy was created by the FCFCOA’s AI committee and reflects insights from internal and external consultation. It establishes key standards for AI use in court proceedings, such as ensuring compliance with professional and legal obligations, including duties to the courts, protecting confidentiality and data security, and preventing harm to child welfare or fair process. The court will update the practice direction over time to reflect swift developments in AI utilisation.
Users must verify and proofread any AI-generated content, refer only to existing and accurate legislation, case law, and other sources, and adapt material to the country’s legal context. Submitting false or misleading information is strictly forbidden, and participants must disclose what tool they utilised and how they reviewed any output if asked. If issues regarding improper AI use may impact the integrity of proceedings, they must raise them with the presiding judicial officer.
Expert witnesses face additional obligations under the new rules. Legal representatives must give experts a copy of the practice direction and ensure that the expert certifies that they have reviewed the document. The guidelines also caution against inputting sensitive or private information into AI systems without proper security measures.
The court retains the authority to disregard the affected material, issue cost orders or other orders, or refer matters to the relevant regulatory body. The rules apply universally, even to tools not explicitly classified as AI, reinforcing that responsible use is essential in legal contexts.
