The Law Council of Australia has urged the Federal Court to include specific guidance on the use of artificial intelligence (AI) in its proposed practice note for self-represented litigants. In a submission to the Court, the Council said the note should explain the limits of AI-generated content and warn litigants about the risk of misleading the Court.
The Council supports the development of the practice note, saying it will help self-represented parties navigate the system and assist the Court in running fair and efficient proceedings. It acknowledged that more litigants are appearing without lawyers due to cost, eligibility restrictions, difficulties understanding legal processes, or changes in legal representation—trends that have created challenges for the Court and other parties.
Key Recommendations
Directing litigants to legal assistance
- Encourage LIPs to obtain legal advice before engaging in proceedings.
- Clearly list low-cost and free legal services.
- Explain the risks of appearing without legal representation.
- Warn about possible contempt findings and adverse costs orders.
Support services
- Provide information about interpreter services, mental health support, and other non-legal assistance, developed in consultation with relevant stakeholders.
Conduct and communication
- Set clear expectations for how litigants should behave and communicate.
- Clarify their responsibility to raise an arguable legal case, comply with court orders, and avoid abusive or obstructive behaviour.
Case management guidance
- Introduce structured early case management processes to promote early resolution.
- Distinguish between procedural and substantive hearings.
- Give simple examples of common filing mistakes.
- Explain the difference between filing and service.
- Help LIPs understand what constitutes a legal error.
Accessibility and clarity
- Map out the typical stages of a case.
- Use plain English.
- Include visual tools such as flowcharts or short videos.
- Provide translations in multiple languages, especially given the number of migration and administrative law matters.
Source: Australasian Lawyer
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