The Use of Artificial Intelligence (AI) in the Federal Court

  • January 08, 2024
  • Paul Lomic, Lomic Law

The Federal Court recently issued a practice direction: The Use of Artificial Intelligence in Court Proceedings. The Court also published guidelines on the Federal Court’s use of Artificial Intelligence. The practice notice and guidelines can be viewed at the links above.

The practice notice outlines that, "The Court expects parties to proceedings before the Court to inform it, and each other, if they have used artificial intelligence to create or generate new content in preparing a document filed with the Court." The practice notice applies to “all documents that are (i) submitted to the Court, and (ii) prepared for the purpose of litigation."

The Federal Court’s policy on AI articulates the principles and guidelines the Court will follow when using AI. Notably, the Court will not use AI and “automated decision-making tools” in rendering its decisions without public consultation. The Court will investigate potential uses of AI including translating its decisions, assisting with case management, legal research and assisting self-represented litigants.

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