Australian Courts Grapple With Generative AI In Court Proceedings

Generative Artificial Intelligence (Gen AI) can be an amazing tool and resource – but caution must be exercised when using it in a legal context.

In Australia, the Courts have begun implementing directions to the profession about use of Gen AI in the context of a court proceeding, and litigants need to be aware of the need to make disclosures about use of Gen AI, and prohibitions in some cases on use of Gen AI.

Approaches are differing between courts with the New South Wales Supreme Court taking a prohibitive approach on use of Gen AI, while the Federal Court – where many IP disputes are heard – currently adopting a 'watch and see' approach.

Practitioners also need to be aware of their ethical duties pursuant to the Legal Profession Uniform Law and applicable solicitor or barrister conduct rules.