As AI increasingly impacts the legal sector in Australia, courts are adapting to its use in legal proceedings. Following the rise of AI tools like ChatGPT, various Australian jurisdictions have developed guidelines for their application in court.
The Chief Justice of the South Australian Supreme Court, Chris Kourakis, has initiated a feedback process regarding AI’s role in the legal field.
Different states adopt varying approaches: New South Wales prohibits AI from creating affidavits and witness statements, while Victoria encourages caution without outright bans.
Dr. Mark Giancaspro highlights AI’s potential to improve courtroom efficiencies and lower costs. Still, he warns about the risks of relying on AI, particularly for unrepresented litigants who may encounter fabricated references.
An example from a New York case illustrates the challenges of using AI in court. A litigant’s attempt to present an AI-generated video was rejected.
Overall, regulation is needed to ensure that AI serves as an aid rather than a replacement in legal proceedings. Comments on improving AI usage in litigation can be submitted to the Chief Justice addressing whether, and if so, how the State Courts might respond to the use of AI in litigation by advising AI_submissions@courts.sa.gov.au by 30 June 2025.
Source: InDaily
Leave a Reply