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AI in the Australian legal industry

The legal industry has Australia's most developed AI rulebook. Courts across NSW, Victoria, Queensland and the federal jurisdiction have issued binding practice notes, the profession's regulators have set common principles, and lawyers have already been sanctioned for filing unverified AI output. The rules differ by jurisdiction, so the operative practice note needs checking before every filing.

Supreme Court of NSWFederal CourtVictorian courtsQueensland courtsLaw societiesVLSB+C

Last reviewed September 2026. Every entry links to its official source.

The rules

What applies today

Australia's most prescriptive court rule on AI. Generative AI must not be used to create the content of affidavits, witness statements or character references, and those documents must positively disclose that AI was not used. Suppressed, subpoenaed or Harman-protected material must not be entered into AI tools except under strict conditions. Where AI helps with written submissions, the author must verify every citation against a primary source, and must not verify using another AI tool. Expert reports require prior leave of the court.

Who this affects: All proceedings in the Supreme Court of NSW. Similar rules have propagated to the NSW District Court, Local Court, NCAT and the Personal Injury Commission.

Latest updates

What changed recently

  1. The Fair Work Commission published its final guidance note on generative AI in Commission cases, effective 20 October 2026, requiring disclosure, personal verification and, for lawyers and paid agents, hyperlinks to all cited case law.

    FWC: use of AI in Commission cases

  2. Parliament appointed a Joint Select Committee on Artificial Intelligence to report on, among other things, whether existing laws have gaps warranting reform and how AI interacts with copyright, reporting by 30 November 2026.

    Parliament of Australia: Joint Select Committee on AI

  3. The County Court of Victoria published practice note PNCCV 1-2026 on AI, completing Victoria's shift from soft guidelines to formal practice notes across its higher courts.

    VLRC: implementation of the AI in courts and tribunals report

  4. The Federal Circuit and Family Court issued Practice Direction PD-AI on the use of AI by all court users, including certification requirements for private experts.

    FCFCOA update to the profession

  5. The Supreme Court of Victoria issued Practice Note SC GEN 25 and judicial guidelines on AI, replacing its 2024 guidelines. Judicial officers may not use generative AI for decision-making.

    Supreme Court of Victoria news

  6. The Federal Court published its generative AI practice note (GPN-AI) after a year-long consultation, requiring verification of AI-assisted documents and flagging when disclosure of AI use may be required.

    Hall & Wilcox: Federal Court GPN-AI analysis

  7. The Victorian Law Reform Commission tabled Australia's first law reform report on AI in courts and tribunals, with 30 recommendations including a ban on AI in judicial decision-making.

    VLRC report

  8. Queensland Law Society and counterpart law societies released a joint AI selection and use checklist for firms procuring AI tools, followed by a template client warning on AI and confidential information in April.

    QLS artificial intelligence resource centre

Getting ready

Compliance checklist

  • Check the operative practice note before every filing. Requirements differ between NSW, Victoria, Queensland and the Federal Court, so keep a matter-level checklist by jurisdiction. See the rule

  • Never put confidential, privileged, suppressed or subpoenaed material into public AI tools. This is a near-absolute prohibition in NSW and a common principle of the regulators' joint statement. See the rule

  • Verify every citation, quote and reference personally against a primary source. Never verify one AI's output with another AI tool. See the rule

  • Keep AI away from evidence: no generative AI in affidavits, witness statements or character references in NSW, and evidence everywhere must reflect the witness's actual knowledge and words. See the rule

  • Keep records of which document portions were AI-assisted, the tool used and how output was verified. Courts can require disclosure. See the rule

  • Adopt a written AI use policy covering approved tools, prohibited tasks and supervision, mapped to Solicitors' Conduct Rules 4, 9, 17, 19 and 37. See the rule

  • Bill honestly for AI-assisted work: costs must reflect actual work performed, not the time AI saved. See the rule

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