Judges have become ‘human filters’ as AI in Australian courts reaches ‘unsustainable phase’, chief justice says
High Court Chief Justice Stephen Gageler has delivered one of the clearest warnings yet about the accelerating impact of AI on Australia’s justice system.
Speaking at the Australian Legal Convention, Gageler said courts have entered an “unsustainable phase” of AI use, with judges increasingly forced to act as “human filters” for machine-generated arguments—submitted by both self-represented litigants and legal practitioners. He noted instances of AI-assisted evidence, submissions and “machine-enhanced” arguments that require courts to intervene.
While acknowledging AI’s significant potential to improve access to civil justice and deliver outcomes that are “just, quick and cheap”, Gageler stressed that key questions about the value and limits of human judgment in court decision-making are becoming existential. The pace of AI development, he warned, is outstripping the ability of institutions and individuals to assess its risks and rewards.
Gageler also addressed the wellbeing of the judiciary, highlighting rising stress, vicarious trauma—particularly in matters involving family and sexual violence—and even threats of physical harm. He emphasised that judges and magistrates are entitled to safe working conditions and urged them to speak openly about mental health pressures.
On sexual violence, he was frank: the justice system is still failing many complainants. With one in five women and one in 16 men having experienced sexual violence (ALRC), he called for a whole-of-system effort to improve responses and support.
Finally, he noted the increase in AI-generated false citations—one Victorian lawyer was recently sanctioned—and pointed to emerging AI practice guidelines and ongoing law reform efforts.
A timely and important reminder that technology, justice, and human judgment are converging faster than ever.
Source: The Guardian
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