Chief Justice Andrew Bell has amended the SC Gen 23 Practice Note on the use of Generative Artificial Intelligence in law, responding to concerns raised in writing and during a December briefing. The original Note imposed a blanket ban on using open or closed-source programs to search material covered by non-publication or suppression orders and was set to take effect on 3 February 2025, coinciding with the start of the 2025 law term.
Expressing gratitude to members of the profession for their interest and input into the development of the Practice Note, the Chief Justice has eased the ban, subject to specific conditions:
The legal practitioner or person responsible for the proceeding must be satisfied that the material would remain within the controlled environment of the technological platform, and at all times be subject to confidentiality restrictions to prevent public access.
The material can only be used in connection with the proceeding, unless disclosure is required or permitted by law for law enforcement.
The amended practice note allows GenAI programs to generate chronologies, indexes, and witness lists; prepare briefs or draft Crown case statements; summarise or review documents and transcripts; and create written submissions or argument summaries, provided all citations are verified for accuracy.
Due to the rapidly developing nature of Gen AI, this Practice Note will be periodically reviewed. See full Practice Note Due to the rapidly developing nature of Gen AI, this Practice Note will be periodically reviewed.
See full Practice Note here.
