NSW Supreme Court issues new Practice Note on Generative AI
The NSW Supreme Court issued Practice Note SC GEN 23 – Use of Generative Artificial Intelligence (Gen AI) on 21 November 2024 then an updated version on 28 January 2025.
The Practice Note commences on 3 February 2025 and applies to all proceedings from this date.
It prohibits the use of Gen AI apps, like Chat GPT, Copilot, Westlaw Precision and AI Lawyer, for drafting pleadings, affidavits, witness statements, etc. without prior Court approval. For expert reports, Gen AI must not be used to draft or prepare the content of an expert report without prior leave of the Court.
It warns users about issues like “hallucinations” where the AI generates plausible but inaccurate or fictitious responses, such as false citations.
The note lists things that AI can be used for, including generating chronologies and summarising documents and transcripts.
Due to the rapidly developing nature of Gen AI, this Practice Note will be periodically reviewed.
To read the Practice Note click here.
Christina Knorr can confirm that no aspects of any of her expert reports relied on Gen AI in the preparation of their contents.