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ARTICLE · 03 FEBRUARY 2025

Using Gen AI in legal proceedings - Ethics Check for Lawyers series

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Overview of the implications of the AI Practice Note for lawyers and unrepresented parties in proceedings before the Courts.

AustraliaLitigation, Mediation & Arbitration
Jennifer Shaw
Jennifer Shaw
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Generative Artificial Intelligence (Gen AI) is a type of artificial intelligence that uses generative models to produce text, images or videos based on patterns and structures of their training data set. Chat-GPT is one example and there are now many more bespoke programs directed to legal practitioners.

The Supreme Court of NSW issued an amended 'AI Practice Note' on 28 January 2025 regarding the use of Gen AI in proceedings before the Court. The AI Practice Note comes into effect on Monday, 3 February 2025. The District Court of NSW has recently adopted the AI Practice Note and an identical AI Practice Note has also been issued for the Land & Environment Court of NSW.

This article provides a brief overview of the implications of the AI Practice Note for lawyers and unrepresented parties in proceedings before the Courts to which it applies. This article also considers the recent joint Statement on the Use of AI in Australian Legal Practice published by the Law

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