The generative AI (‘GenAI’) wave is breaking over the legal profession, promising unprecedented efficiencies in drafting, research and document management. Yet, for litigators, this powerful new tool is a double-edged sword. The same technology that can summarise a transcript in minutes can also invent persuasive but entirely fictitious case law, a phenomenon notoriously known as “hallucination”.
The judiciary has moved swiftly to respond. In recent months, a patchwork of guidelines, practice notes and advisories has emerged from courts across Australia. For practitioners, navigating this nascent and evolving regulatory landscape is now a critical component of both competent practice and effective risk management.
This article provides a comparative review of the current practice notes and guidelines from Queensland, New South Wales, Victoria and the Federal Court. By understanding the common principles and key differences, legal practitioners can harness the benefits of GenAI while safeguarding their clients, their practice and the integrity of the administration of justice.
Read full article
