Artificial Intelligence (AI) Use in the Federal Court of Australia
27 June 2025
On 16 June 2025, the Law Council lodged a submission with the Federal Court of Australia in response to its consultation on AI use in the Court, including whether a Practice Note or Guidance should be developed regarding the use of generative AI (GenAI) by practitioners and court users.
The Law Council’s submission was informed by contributions from multiple Constituent Bodies, the Federal Dispute Resolution Section, and several Advisory Committees, indicating substantial interest across the profession on these complex and evolving issues.
The Law Council’s submission supported the development of Guidelines or a Practice Note on the use of GenAI in the Court, and made the following key points (noting that our views were preliminary):
- Given the widespread and growing use of GenAI by legal practitioners, clients, and self-represented litigants, a broadly framed prohibition on its use would be neither practical nor proportionate, and risks hindering innovation and access to justice.
- It is important that any guidance material developed by the Court demonstrates a receptive attitude towards the use of AI, recognising its growing presence and utility, whilst sufficiently addressing the potential risks of misuse
- A Practice Note is preferable to Guidelines, as it will provide greater certainty and enforceability, provided that there is sufficient awareness and education accompanying its publication.
- There may be merit in developing multiple Practice Notes applying to different court users, including legal practitioners, experts, self-represented litigants, the public, and the judiciary.
This consultation represents the first phase of the Court’s engagement on these important issues. We have requested that the Court continue to consult closely with the Law Council as its thinking develops. The Law Council will keep Constituent Bodies, Sections, and Advisory Committees updated on any subsequent phases of consultation.
Last Updated on 25/06/2025