Jahani v Qiu, in the matter of Ralan Property Services Pty Ltd (receivers and managers appointed) (in liq) (costs) [2026] FCA 1419 — Costs & Vacation Of Final Hearing — Barrister AI
Jahani v Qiu, in the matter of Ralan Property Services Pty Ltd (receivers and managers appointed) (in liq) (costs)
late disclosure of substantial increase in scale of proposed evidentiary exercise
Quick Take
1Where the scale of a proposed evidentiary exercise materially increases during litigation, the party undertaking it has a continuing obligation under s 37M of the Federal Court of Australia Act 1976 (Cth) to disclose that development promptly so that timetable orders may be made or reconsidered on an informed basis; obtaining consent timetable orders calibrated to a substantially understated scale is inconsistent with that obligation.
2The responsible use of generative artificial intelligence for mechanical tasks involving voluminous material — accompanied by adequate verification, human supervision, and traceability to source documents — is not a separate basis for an adverse costs order under GPN-AI; the vice lies in late disclosure and procedural unfairness, not in the use of the technology itself.
3Both parties are expected to make appropriate use of available AI technology to manage genuinely voluminous documentary material; the overarching purpose is better served by mutual adoption of such tools than by treating their use as a basis for criticising the party that deploys them or excusing delay in the party that does not.
Case Details
Citation[2026] FCA 1419
CourtFCA
JurisdictionCommonwealth
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