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Federal Court judges considering AI note

Federal Court of Australia Judges have been discussing the development of guidelines, or a practice note about the use of generative artificial intelligence by practitioners and court users.

An AI Project Group will start consultation and meet various representative bodies.

It will also invite submissions from the legal profession, litigants conducting their own proceedings or members of the public, which can be provided by email to AI_Consultation@fedcourt.gov.au by 13 June 2025.

Last month, the Chief Justice of the Federal Court of Australia issued a statement in regard to the topic.

“The year 2025 is likely to see a number of developments and issues about the use of Artificial Intelligence, especially Generative Artificial Intelligence, by courts and in court proceedings,” the statement said.

“The Federal Court is keen to ensure that any Guideline or Practice Note appropriately balances the interests of the administration of justice with the responsible use of emergent technologies in a way that fairly and efficiently contributes to the work of the Court.

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“To this end, the Federal Court will consider the practices of other courts, and consult with litigants conducting their own proceedings and with the legal profession before it finalises any position.

“Parties will continue to be responsible for the material that is tendered to the Court.

“In the meantime, 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.

“Further, it is also expected that parties and practitioners disclose such use if required to do so by a Judge or Registrar of the Court.”

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