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The Federal Court has said it would likely follow in the footsteps of other courts by establishing guidelines or a practice note on the use of artificial intelligence in courtrooms.
Chief Justice Debra Mortimer said judges of the Federal Court had been considering whether the court should publish a practice note into the use of generative artificial intelligence (GenAI), much like the NSW Supreme Court earlier this year.
“The Federal Court is keen to ensure that any guidelines or practice note appropriately balances the interests of justice with the responsible use of emergent technologies in a way that fairly and efficiently contributes to the work of the court,” Chief Justice Mortimer said.
The court said it would now consider the practices of other courts and consult with litigants and the legal profession.
In the meantime, Chief Justice Mortimer said parties would continue to be responsible for the material tendered to the court.
“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 Chief Justice added.
In a briefing at the end of last year, Chief Justice Andrew Bell of the NSW Supreme Court introduced a GenAI practice note and warned lawyers caught using the technology for affidavits, witness statements, and other evidentiary documents could be held in contempt of court.
Chief Justice Bell said he was most concerned with “hallucinations”, being the generation of apparently plausible but incorrect citations.
“We simply can’t have inaccuracy, and dare I say laziness, enter the profession. It is not satisfactory, and it won’t be tolerated by the Supreme Court,” Chief Justice Bell said.
“Judges are entitled to expect counsel and solicitor advocates to only present cases [that] are relevant and in fact exist, so we’re making no apologies for that, and I don’t think anyone should think we should.”
Bell CJ released an amendment to the practice note one month later.
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Naomi Neilson
