Navigating AI in Family Law: A Guide to the New Family Court Practice Direction

The Federal Circuit and Family Court of Australia (FCFCOA) has become the latest jurisdiction to issue guidance on the use of artificial intelligence, releasing the FCFCOA Practice Direction: Use of Artificial Intelligence (PD-AI) on 29 May 2026¹. 

The Practice Direction follows a growing trend across Australian courts and tribunals to provide guidance on the use of artificial intelligence. It also builds upon recent FCFCOA decisions that have highlighted the risks AI can pose to legal professional privilege, confidentiality and the administration of justice. 

The Practice Direction applies to all court users, including litigants (whether legally represented or self-represented), lawyers, experts and witnesses. It provides a structured framework for the responsible use of artificial intelligence in proceedings before the Court, whilst recognising the potential benefits AI can offer in improving efficiency, reducing costs and increasing access to justice. 

Importantly, the use of artificial intelligence does not reduce a lawyer's professional obligations. Lawyers must continue to comply with their duties to the Court, protect confidential client information and ensure that any material relied upon is accurate and properly verified. 

Responsible Use of Artificial Intelligence 

The Court has outlined that when using artificial intelligence, court users must act responsibly and in accordance with the following general principles: 

1. Integrity - if using artificial intelligence, it must be used in a way that is consistent with maintaining the integrity of Courts and the important principles of fairness, accuracy, truth, proportionality and equality before the law.  
2. Accountability - court users are accountable for the extent to which they choose to use artificial intelligence. If requested by the Court, court users must provide information about the way in which they have used artificial intelligence and provide evidence that it has been used responsibly, lawfully and in accordance with their obligations to the Courts.  
3. Accuracy - court users must ensure that all the information they rely upon in Court proceedings is accurate.  
4. Confidentiality and data security - court users must maintain confidentiality of information where that is required and understand the risks that use of artificial intelligence can pose to the confidentiality of sensitive information relating to all parties, practitioners and children involved in the proceedings.  
5. Safety - artificial intelligence must not be used if there is a risk it will compromise the safety of any party, practitioner or child which includes inputting information into an artificial intelligence tool where confidentiality is not assured and if disclosed, could impact upon a person’s safety.  
6. Education and understanding - it is the responsibility of users of artificial intelligence that they take necessary steps to be aware of the strengths and weaknesses, risks and limitations of artificial intelligence and educate themselves about same. For lawyers in particular, they should undertake professional education on artificial intelligence with the extent to which it is incorporated into their practice. In these circumstances, the Courts will not accept a lack of understanding as justification for any carelessness in the use of artificial intelligence. 

Responsibility of Users  

Users of artificial intelligence and parties more generally have an important role to play in ensuring that Courts remain trusted institutions and that proceedings are conducted in a way that maintains confidence in the process and the evidence relied upon. 

Court users must take responsibility for the accuracy and authenticity of information which is presented to the Court. They have a fundamental duty to not mislead the Court or other parties and lawyers involved in proceedings.  

It must be recognised that artificial intelligence has its limitations and has the potential to produce content that is believable but is ultimately inaccurate, wrong or misleading. While there is a generalised expectation that artificial intelligence will become more sophisticated over time, the Court has encouraged users to think critically when relying on artificial intelligence and that they verify everything produced. It must not be assumed that artificial intelligence is accurate or reliable just because it is paid for, commercial, private or accessed through a closed environment. 

Disclosing Use of Artificial Intelligence 

Although there is no requirement for parties or practitioners to disclose that they have used artificial intelligence in the preparation of a document filed or relied upon in a proceeding (unless required to do so), they should be prepared to answer the following questions: 

1. Was artificial intelligence used in the preparation of this document?  
2. What form of artificial intelligence was used?  
3. How was the output from artificial intelligence checked and supervised?  
4. Have the principals of the Practice Direction been observed? 

If an allegation of improper use of artificial intelligence is being accused of either a party or practitioner, they are expected to take genuine steps to resolve the issue as they would in the conduct of litigation generally. An allegation of improper use must be brought to the attention of the presiding judicial officer if it has the potential to undermine the integrity of the proceedings (i.e. because it has produced content that is alleged to be false or misleading). 

It must be recognised that artificial intelligence does not possess qualities such as empathy, self-awareness or an understanding of social context in the way that humans can. The Court has broad discretionary powers to respond to instances of inappropriate use of artificial intelligence which could include disregarding material that has been placed before the Court, an Order for costs or other penalties or even referral to a regulatory body. 

To read the Practice Direction in full, please find the link below.  

https://www.fcfcoa.gov.au/pd/pd-aia