Artificial intelligence is becoming part of everyday life. Clients are using tools such as ChatGPT, Microsoft Copilot, Google Gemini and Claude to understand legal language, organise information, prepare questions and make sense of unfamiliar documents. Used carefully, AI can be genuinely helpful. It can translate legal terminology into plain English, suggest ways to organise a chronology or help you identify questions to ask your lawyer. For someone feeling overwhelmed by separation, simply having a starting point can make the process feel more manageable.

However, AI does not know your whole story. It may misunderstand Australian family law, rely on outdated information or confidently provide an answer that is simply wrong. It can also create an unexpected cost. What begins as an attempt to save legal fees can result in your lawyer spending significant time checking, correcting and responding to material that was never relevant to your matter.

AI can help you prepare

There are sensible ways to use AI when speaking with your lawyer. It may help you organise a timeline from notes you have already made, identify the parts of a document you do not understand or prepare questions for your next appointment. Used in this way, AI can help you feel more prepared and make better use of your time with your lawyer. It should still be treated as a starting point, not as advice about what the law means for your family.

These uses can make appointments more productive, provided the output is treated as a starting point rather than legal advice. AI can also help you read a long document by identifying headings or explaining its general structure. However, uploading the document itself may create privacy and confidentiality risks, particularly if it contains details about children, family violence, health, finances or Court proceedings.

Before uploading anything, ask whether the tool is public, what may happen to the information and whether you would be comfortable with those details leaving your control.

AI can sound certain and still bewrong

Generative AI does not understand your matter in the way an experienced family lawyer does. It generates an answer by predicting likely language. The answer may sound polished and authoritative even when it is incomplete, based on overseas law or supported by cases that do not exist. The Law Institute of Victoria warns that large language models may produce false or misleading information that appears convincing. Its ethical guidance refers to Australian proceedings in which AI generated case authorities were found not to exist.  This is particularly risky in family law, where small factual differences can significantly affect the advice.

A general AI answer may not understand the interaction between parenting orders and an intervention order, the legal significance of recent family violence reforms or the particular financial structure behind a property settlement. AI can provide information. It cannot reliably decide how the law applies to your family.

The unforeseen cost of “helping”

Clients understandably use AI because they hope to save time and legal fees. Sometimes it does.

At other times, it sends the lawyer on an expensive and unnecessary side quest. A document generated by AI may contain irrelevant arguments, incorrect legislation, invented cases or conclusions drawn from another country’s law. If you ask your lawyer to consider that material, the lawyer cannot safely dismiss it without review. The lawyer may need to check whether the cases exist, read the authorities, confirm the legislation is current and explain why the proposed argument does not apply. Ten pages generated in seconds may require hours of professional review.

The Australian Financial Review recently reported that lawyers are increasingly receiving lengthy AI-generated critiques, strategies and questions from clients. Lawyers interviewed for the article described the substantial additional work involved because material received from a client may need to be read and verified rather than ignored.

we want clients to ask questions and understand their legal affairs. The issue is not using AI; the issue is whether the resulting material genuinely helps advance the matter. A more cost effective approach is often to ask your lawyer the underlying question directly, “AI raised this issue. Is it relevant to my circumstances?” That allows the concern to be addressed without asking your lawyer to audit pages of automated analysis.

The Court’s new AI PracticeDirection

On 29 May 2026, the Federal Circuit and Family Court of Australia issued Practice Direction PD-AI, which applies to lawyers, parties, self-represented litigants, experts and other Court users. The Practice Direction does not ban AI; it acknowledges that responsible AI use can improve efficiency, reduce costs and support access to justice.

It does, however, make clear that the person using AI remains responsible for the result. Court users must verify AI-generated material, ensure that cases and legislation exist, check that information is current and adapt material to the Australian legal context. They must also be able to explain how AI was used and how its output was checked if the Court asks.

AI must not be used to generate or rewrite a witness’s evidence in a way that stops the affidavit reflecting the witness’s own knowledge, experience and words. It must also not be used to alter or fabricate evidence, images, video or recordings. The Practice Direction warns that inappropriate AI use may result in material being disregarded, costs orders, other penalties or referral to a regulatory body.

Do not upload confidential family law material without checking

Public AI tools may store prompts and uploaded documents or use information in ways the user does not expect. The Court’s Practice Direction says confidential or sensitive information must not be entered into a public AI tool where it may become public, be stored or be used for unrelated purposes. It places particular restrictions on subpoenaed material, documents produced under Court orders and information covered by suppression, non-publication or other legal restrictions. In family law, this can include residential addresses, medical records, financial documents, children’s information and allegations of family violence.

Uploading your lawyer’s advice is also risky. Legal advice is confidential and may be protected by legal professional privilege. Sharing it with a public AI platform could create questions about whether that confidentiality has been compromised. If you want help understanding advice, ask your lawyer to explain it.

Lawyers have responsibilities too

Lawyers who use AI remain responsible for their work. They must protect confidentiality, check the accuracy and suitability of AI generated content, verify authorities and charge fairly for the legal work actually performed. The Law Institute of Victoria guidance makes clear that a lawyer cannot simply pass AI output to a client, opponent or Court without proper professional review.

At Hazel, technology may assist our work but it does not replace legal judgment, professional responsibility or the care required to understand your family.

Use AI to clarify, not complicate

AI can be a useful assistant. It can help you organise your thoughts, understand general concepts and prepare better questions. It should not become a second, unqualified lawyer directing the strategy of your matter.

If you use AI, tell us what you used it for and bring us the actual concern rather than pages of generated commentary. Do not upload confidential legal documents or sensitive family information without first understanding the privacy and legal risks.

At Hazel Family Law & Mediation, we welcome informed and curious clients. We want you to understand the advice you receive and feel comfortable asking questions.

Used carefully, AI may help with that. Used without judgment, it can make your matter more complicated, less secure and more expensive.

Contact

We welcome the opportunity to discuss your family law matter confidentially, by phone, in person or online. Please contact us on (03) 7020 6529 to arrange a free 30-minute consultation.