Australian Federal Court Considers AI Practice Statement
Published 7 April 2025
Matthew Murphy
On 28 March 2025, the Australian Federal Court issued a notice discussing plans for the Court to issue a Guideline or Practice Statement on the use of Artificial Intelligence, especially Generative Artificial Intelligence ("AI"), by courts and in court proceedings.
The notice discusses the plans and timing as follows:
"The Judges of the Federal Court of Australia have been considering and discussing the development of either Guidelines or a Practice Note in relation to the use of Generative Artificial Intelligence.
The Federal Court is keen to ensure that any Guideline or Practice Note appropriately balances the interests of the administration of justice with the responsible use of emergent technologies in a way that fairly and efficiently contributes to the work of the Court.
To this end, the Federal Court will consider the practices of other courts, and consult with litigants conducting their own proceedings and with the legal profession before it finalises any position.
Parties will continue to be responsible for the material that is tendered to the Court.
In the meantime, the Court expects that if legal practitioners and litigants conducting their own proceedings make use of Generative Artificial Intelligence, they do so in a responsible way consistent with their existing obligations to the Court and to other parties, and that they make disclosure of such use if required to do so by a Judge or Registrar of the Court." The Queensland Courts have developed guidelines for use of AI to some extent, by non-lawyers, raising various issues regarding ethics, confidentiality, privacy and security. The Supreme Court of New South Wales has also issued a Practice Note applicable to legal practitioners. These guidelines and practice notes are generally welcomed by the profession, being particularly useful for guiding the more junior practitioners in their daily court work.
The Federal Court is keen to ensure that any Guideline or Practice Note appropriately balances the interests of the administration of justice with the responsible use of emergent technologies in a way that fairly and efficiently contributes to the work of the Court.
To this end, the Federal Court will consider the practices of other courts, and consult with litigants conducting their own proceedings and with the legal profession before it finalises any position.
Parties will continue to be responsible for the material that is tendered to the Court.
In the meantime, the Court expects that if legal practitioners and litigants conducting their own proceedings make use of Generative Artificial Intelligence, they do so in a responsible way consistent with their existing obligations to the Court and to other parties, and that they make disclosure of such use if required to do so by a Judge or Registrar of the Court." The Queensland Courts have developed guidelines for use of AI to some extent, by non-lawyers, raising various issues regarding ethics, confidentiality, privacy and security. The Supreme Court of New South Wales has also issued a Practice Note applicable to legal practitioners. These guidelines and practice notes are generally welcomed by the profession, being particularly useful for guiding the more junior practitioners in their daily court work.