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Lawyers v Robots - can you tell who’s who?
Legal utility aside, it’s fun correcting AI while we still can
AI might not be pinching your job just yet… but we put it to the test anyway.
The brief is simple.
We threw Hearsay the Legal Podcast host David Turner and a couple of our podcast guest into the pit with our learned friend, ChatGPT (aka The Machine). The AI and its flesh and blood competitors were tasked with answering a legal question in the areas of corporate, family, and criminal law. Can you spot the real life lawyers? (Hint: answers are at the end!)
Round 1 - David v The Machine
Question: How can a company legally sign a document in Australia?
Answer A: An Australian company can execute a document in lots of different ways, including by an authorised signatory, by someone who has been granted a power of attorney, or by affixing its common seal. Usually though, companies should execute formal legal documents by having two directors, one director and one secretary, or in the case of sole director and secretary companies, the sole director and secretary, sign the document under s 127 of the Corporations Act. This form of execution is formal enough for all kinds of legal documents, including deeds, and allows the recipient of the document to rely on a statutory assumption under the Act that the document has been executed properly.
Answer B: In Australia, a company can legally sign a document by having it signed by a director of the company, or by someone else who has been authorised to sign on behalf of the company by the directors. This authorisation can be in the form of a resolution of the board of directors, or a specific delegation of authority. The signature should be accompanied by the company's name and the capacity in which the signatory is signing. It is also a good practice to include the company's Australian Company Number (ACN) on the document.
Round 2 - Chauntelle v The Machine
Question: What level of risk must be identified for a matter to be assigned to the Evatt List in the Federal Circuit and Family Court of Australia?
Answer A: Cases on the Evatt List in the Federal Circuit and Family Court of Australia are not assigned based on a specific level of risk. Instead, they are assigned based on specific criteria, such as involving complex legal issues or high public interest. The specialized team of judges on the list have additional training and expertise in family law.
Answer B: The level of risk is not black and white – every family situation is different. To be eligible for the Evatt list, upon completing the Family DOORS Triage screening which considers harm or exposure to harm as a result of family law proceedings, families that present as high risk, with serious and significant risk factors, will be allocated. The pathway's intention is to case manage matters to minimise the risk of further trauma and harm to both parties and children. These matters are often characterised by serious family violence, serious abuse of a child, drugs or alcohol misuse, mental health concerns including self-harm, abduction threats, or threats of harm to the children or other persons.
Round 3 - Andrew v The Machine
Question: Is coercive control a crime in the state of NSW?
Answer A: No, coercive control is not currently a crime in the state of NSW as of February 2023, although there have been calls for it to be criminalised. While there are existing criminal and civil laws in NSW that can be used to address abusive behavior in domestic and family relationships, there is currently no specific criminal offense for coercive control.
Answer B: It will be very soon. In November 2022 the Crimes Legislation Amendment (Coercive Control) Bill 2022 was passed. The law introduces sections 54C through 54J of the Crimes Act 1900, and makes it illegal to engage in abusive behaviour towards someone you are or were an intimate partner with. The law is due to commence operation on 1 February 2024.
While you ponder the existential question of whether legal practice is ever going to be the same… you still need to do your CPD. Why not check out more Hearsay The Legal Podcast with host David, and guests Chauntelle Ingenito and Andrew Tiedt?
Join the Hearsay tribe. Hearsay provides a bank of over 70 interactive podcast episodes to listen to at your own convenience, with a range of topic areas to choose from for less than $200 a year.
Answers: A, B, B
