Judge Mortimer Issues Update on AI Guidelines: ‘Responsible Use’ of the Technology Remains Priority
On 29 April 2025, Chief Justice of the Federal Court Debra Mortimer issued a Notice to the Profession on the use of Generative Artificial Intelligence by practitioners. This follows a previous Notice to the Profession by the Chief Justice on the same issue made on 28 March 2025.
These notices are made in response to recent cases such as Handa & Mallick [2024] FedCFamC2F 957, which saw a practitioner relying on AI-fabricated authorities in their submissions to the Court.
In her original media statement, the Chief Justice discussed the Court’s plans to create guidelines or a practice note surrounding the use of Generative AI in Court proceedings. The Chief Justice relayed in her statement an intent to consult with other Courts, litigants, and the legal profession generally before anything is finalised.
The Chief Justice concluded her original media statement by noting that practitioners will be responsible for any material they present to the Court and must continue to act responsibly and in accordance with their legal obligations.
In her follow up Notice to the Profession issued on 29 April, Chief Justice Mortimer provides an update on the consultation process for these new guidelines. The Notice states that the Court’s ‘AI Project Group’ will soon begin consulting with key legal personnel. The Court will also be taking email submissions from litigants or members of the public before 13 June 2025 via: [email protected].
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Article co-authored by Kieran Bull, Paralegal at Elit Lawyers.