Generative Artificial Intelligence (Generative AI), a tool used in the creation of new content and information from pre-existing data, has changed how legal services are delivered in Australia. While it can improve efficiency and speed up court processes, strict regulations are needed to protect justice and fairness. Recognising the emergence of Generative AI in the legal profession, the Supreme Court of Victoria, the Supreme Court of New South Wales and the Queensland courts have each developed guidelines for its ethical use, designed to uphold the integrity of the justice system.
Guidelines released by the Supreme Court of Victoria focus on transparency and accountability, emphasising the need for legal professionals to understand how AI works and to check AI-generated content for accuracy. In particular, the Court recognises the use of Technology Assisted Review (TAR) for efficient document analysis.
The Supreme Court of New South Wales has introduced Practice Note SC Gen 23, effective February 2025. This note cautions the use of Generative AI and the potential risks of fake citations and confidentiality breaches, requiring that legal professionals check AI content for any ‘red flags’. It is also encouraged that judges demand disclosure of the use of Generative AI in court documents.
Guidelines produced by the Queensland courts, were particularly developed to assist non-lawyers during court and tribunal proceedings, and stress the importance of not sharing private, confidential or privileged information with AI platforms, such as ChatGPT, to avoid public exposure. Like Victoria and New South Wales, the Queensland courts require verification of AI-generated content to prevent any misleading or incorrect legal information.
In a combined statement released by the Law Society of New South Wales, the Legal Practice Board of Western Australia and the Victorian Legal Services Board + Commissioner, Australian legal practitioners are expected to maintain ethical standards when using AI, such as using ones own forensic judgment to give legal advice and ensuring that the time and work items billed to clients are reasonable and proportionate.
These guidelines show a commitment to balancing technical innovation in the legal profession with the need for transparency, fairness and confidentiality.
This is commentary published is for general information purposes only. This should not be relied on as specific advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision.
