Ethics & professional rules
How do Australian courts treat AI-assisted or AI-generated work?
Cautiously, and increasingly with explicit rules. Australian courts have not banned AI, but several have issued practice notes requiring lawyers and self-represented litigants to disclose AI-assisted material, and confirming that the usual duties of accuracy, candour and verification still apply. The consistent message is that you may use AI, but you remain responsible for everything you file — and fabricated AI citations will not be excused.
Courts have moved to practice notes
Rather than ban AI, several Australian courts have issued guidance or practice notes on its use. The detail varies between courts and is evolving, so the practical step is to check the directions of the specific court you are appearing before before you file.
Disclosure is the common thread
A recurring requirement is disclosure: telling the court where AI generated or materially assisted submissions or evidence. Do not assume silence is acceptable — check whether the court expects a disclosure and in what form.
Verification is non-negotiable
Courts have been clear, and have sanctioned practitioners, that filing unverified AI output — especially fabricated citations — breaches the duty to the court. The tool does not carry the responsibility; the practitioner does.
Frequently asked questions
Do I have to tell an Australian court I used AI?
Often, yes. Several courts require disclosure of AI-assisted material, and the requirements vary. Check the practice notes and directions of the specific court before you file.
Can I use AI to help draft submissions?
Generally yes, provided you verify the content and comply with any disclosure directions. The court holds you responsible for the accuracy of what you file, regardless of how it was produced.
What happens if AI fabricates a case in my filing?
Courts have sanctioned lawyers for exactly this. A hallucinated citation is treated as a failure of your duty to verify — the responsibility sits with you, not the software.
See how Quillio handles this in practice
AI built for Australian and New Zealand law — a citation on every answer, client content stored in Australia, and a free trial so you can test it on your own files.