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The Supreme Court of Victoria is positioning itself at the forefront of artificial intelligence developments as the technology reshapes legal practice and courtroom operations, the Chief Justice has said.
Victoria’s highest court is committed to keeping pace with rapid developments in artificial intelligence, noting Melbourne’s ranking among the Asia-Pacific region’s major data centre hubs for AI investment, according to the Australian Trade and Investment Commission (Austrade).
In a speech delivered at the Victorian Justice Leaders AI Forum, Chief Justice Richard Niall said that, as long as risks are managed through governance and investment, he hopes there will be significant benefits for the profession, clients, and the community as a whole.
“The use of AI must be seen in a world in which cost and delay threaten to undermine access to justice both in civil and criminal jurisdictions. And its adoption should be directed to ameliorating these burdens.
“If AI is to achieve its promised potential, there must be a public dividend, and we should examine what public good can be extracted from the technology,” Chief Justice Niall said to a room of leading practitioners.
The Victorian Supreme Court was one of the first Australian jurisdictions to develop AI guidelines, followed shortly by the publication of a practice note for court users and guidelines for judicial officers.
The latter has prohibited the use of generative AI for decision-making purposes and clarified that any reliance on the technology should not serve as a substitute for analysing submissions and evidence or fact-finding. Judicial officers must only use court-approved tools.
That said, the court has been open to pilot programs designed to assist with different tasks, similar to those done in the Coroners Court to reduce the exposure to distressing material and risk of vicarious trauma.
Chief Justice Niall said the court hopes to explore the use of AI to provide fast and reliable answers to queries from court users, which would allow human effort to be directed to more complex issues.
“As AI and its use cases evolve, the Supreme Court will continue to adapt its practice to ensure that we remain at the forefront of this developing area without sacrificing impartiality, privacy, accountability, and fairness.
“Looking ahead, national consistency is desirable,” he added.
The Courts Council, which comprises Australia’s chief justices, established an AI committee that is in the process of formulating court-specific frameworks for the acquisition and development of AI.
Chief Justice Niall said it is the council’s “belief and expectation” that a court-centred framework will “best protect the unique features of the judicial system while driving innovation”.
Noting it is likely the principal investment will remain with the wider profession, the Chief Justice added it is possible the courts will be able to adapt their processes based on the AI preferences of legal practitioners.
“For example, our expectations of what can be done and when, in the context of preparing matters for trial, may need to be recalibrated in the light of any efficiencies that responsible use of AI can yield,” he said.
Successful adoption of AI should then be measured by the defining features of the legal profession, those being “the application of human knowledge and judgment in an ethical setting” and the ongoing trust in the administration of the law by human judges.
“Victorian courts and tribunals have a strong culture of embracing digital innovation to great effect, and I remain cautiously optimistic about the opportunities AI can provide to enhance access to justice and the experience of court users, as well as to support those working in our courts,” Chief Justice Niall said.
