Co-Author: Grace Jolly KEY INSIGHTS: AI-generated deepfakes are emerging as a major challenge in Family Law, where credibility and evidence are central to outcomes in parenting and divorce proceedings. Deepfakes can include fake audio, altered images or videos, impersonated messages, and explicit AI-generated material, all capable of influencing or distorting legal evidence. The Australian legal system is responding through initiatives like the AI Transparency Statement from the Federal Circuit and Family Court and proposed reforms under the Crimes Amendment (Deepfake Sexual Material) Bill 2025 (NSW). Lawyers and parties must remain vigilant, ensuring that all materials filed in court are genuine and not AI-manipulated, to protect fairness and integrity in legal proceedings. The current rise of AI now poses different challenges to evidence in the Australian legal system, with one of the most concerning developments being deepfakes. A deepfake is defined as a highly realistic photo, audio, or video that has been digitally altered by AI to appear to be someone else and is typically used to spread false information. As these technologies grow more common, it has begun presenting significant challenges in Family Law proceedings as they rely on credibility and evidence of each party’s conduct. There are many ways in which deep fakes can be used in family law proceedings, including: Fake Audio of Abuse – Audio could be manipulated to portray threats or coercion, which has the ability to be influential for a fabricated narrative in the proceedings. Altered Videos or Photos – The production of an altered video or photo showcasing a parent engaging in illegal activity could significantly influence proceedings. Impersonated Messages – AI now has the ability to mimic a person’s writing style or voice, which could be produced as evidence that never actually occurred. Creation of Explicit Deepfakes – AI-generated material using a fake pornographic image can be used to harass, intimidate, or blackmail parties. HOW IS THE LAW ADDRESSING THESE ISSUES? Technology is currently evolving at a rapid pace, often making it difficult for the law to keep up. The Australian legal system has recognised this and has undertaken several steps to combat the issue of deepfakes. The Federal Circuit and Family Court of Australia has developed an AI Transparency Statement which emphasises responsible use, monitoring of AI developments, data/privacy safeguards, and a cautious approach. This states “the Entity does not use AI for decision-making, data analytics, prediction, service delivery, or policy and legal activity”. There have been instances where AI-generated material has been filed with the FCFCOA, and the court has taken subsequent action. In 2024, a Melbourne lawyer was caught using AI to generate a list of citations during an enforcement hearing. When the judge was unable to locate a case, the lawyer was asked to produce the case, whereby the lawyer had to admit that he generated it using AI. He was subsequently referred to the Victorian Legal Services Board. Although in relation to criminal proceedings, the Crimes Amendment (Deepfake Sexual Material) Bill 2025 proposes amendments to the Crimes Act 1900 (NSW) to extend offences relating to the non-consensual recording or distribution of intimate images to the production or distribution of deepfake intimate images and sexually explicit deepfake audio or text. The implication for Family law is that these provisions may offer additional protections for victims of domestic violence, coercive control, or post-separation abuse, where AI-generated deepfakes could be used to harass, intimidate, or discredit individuals—particularly in high-conflict parenting or divorce disputes. FINAL THOUGHTS In conclusion, as AI technologies continue to evolve, the risks they pose to the integrity of legal proceedings are becoming increasingly apparent. The emergence of deepfakes has a significant capacity to distort truth, damage individual credibility, and cause unjust outcomes in custody and divorce proceedings. While the Australian legal system is still limited in combating the issues that deep fakes present, it has begun taking meaningful steps to mitigate risks in legal proceedings. Lawyers must ensure they remain vigilant and ensure that all documents being filed with the court do not contain inaccurate AI-generated content. ABOUT LUISA GAETANI: Luisa is a distinguished Partner and Accredited Family Law Specialist at Coutts who proudly leads our esteemed Family Law team. Luisa started University in 2010 and commenced as a Paralegal, and since her admission in 2014, Luisa has dedicated her practice exclusively to Family & Criminal Law, showcasing a deep commitment to providing comprehensive legal support. Her unique blend of sensitivity and practicality sets Luisa apart, allowing her to forge a strong rapport and cultivate trust with her clients. For further information please don’t hesitate to contact: Luisa Gaetani Partner Accredited Specialist in Family Law info@couttslegal.com.au 1300 268 887 Contact our Coutts Lawyers today. This blog is merely general and non-specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever in relation to this blog, including all or any reliance on this blog or use or application of this blog by you. Tags:Co-Authored by Grace Jolly Contact Us