Chief Justice Debra Mortimer has announced the Federal Court would soon invite members of the legal professional, litigants, and the public to make submissions about the use of artificial intelligence.
To meet the incoming changes and concerns around generative artificial intelligence (GenAI), Chief Justice Debra Mortimer said the Federal Court has been considering whether it should follow other courts in developing guidelines or a practice note.
At the end of March, Chief Justice Mortimer said the court would ensure it “appropriately balances the interests of the administration of justice with the responsible use of emergent technologies in a way that fairly and effectively contributes to the work of the work”.
In a statement released this week, Chief Justice Mortimer confirmed the court’s AI Project Group would soon commence consultation.
By mid-June, Chief Justice Mortimer said legal professionals, litigants conducting their own proceedings, and members of the public could send their submissions to the AI Project Group.
“The year 2025 is likely to see a number of developments and issues about the use of artificial intelligence, especially generative artificial intelligence, by courts and in court proceedings,” the Chief Justice said.
The new statement echoed a caution included in the last, that legal practitioners and litigants should make use of GenAI “in a responsible way consistent with their existing obligations”.
“Further, it is also expected that parties and practitioners disclose such use if required to do so by a judge or registrar of this court,” the Chief Justice said.
The NSW Supreme Court introduced a practice note for the start of the 2025 law term but included a caution from Chief Justice Andrew Bell about having “inaccuracy, and dare I say laziness,” in law.
Chief Justice Bell was most concerned with ensuring “hallucinations”, or the generation of apparently plausible but inaccurate references, were kept out of material.
Late last year, a Melbourne lawyer was referred to the Office of the Victorian Legal Services Board and Commissioner for filing authorities that did not exist in the Federal Circuit Court.
In Rowe v National Australia Bank Limited, the South Australian Supreme Court found the applicants had relied on three High Court decisions and an NSW Court of Appeal decision that did not exist and were “likely AI hallucinations”.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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