The Supreme Court, District Court and Planning and Environment Court have issued Practice Directions in relation to the Accuracy of References in Submissions.
Supreme Court Chief Justice Bowskill issued PD 5 of 2025, and District Court Chief Judge Devereaux SC has issued PD 12 of 2025 and PD 7 of 2025.
The Practice Directions relate to the risks of using Artificial Intelligence as a tool in litigation, in that it may produce inaccurate or fictitious information which is relied upon in submissions.
They warn that legal practitioners responsible for written or oral submissions which are found to contain references to non-existent cases, legislation or other material, may be the subject of a referral to the Legal Services Commissioner
On 29 September, Land Court President Stilgoe issued Practice Direction 2025/4 to maintain consistency with Supreme Court Practice Direction 5 of 2025. The Practice Direction came into immediate effect.
The Honourable Justice Mellifont also issued QCAT Practice Direction No 10 of 2025 on this topic.
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