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Snapshot

  • The newly issued Supreme Court Practice Note SC Gen 23 has deeply impacted the way generative artificial intelligence tools can be used in and around litigation.
  • Recent cases have highlighted the risk of using such tools in the courts.
  • This article unpacks the main features of the Practice Note, including its prohibitions, and explores the consequences of misusing Gen AI tools.

On 21 November 2024, the Supreme Court of New South Wales issued Practice Note SC Gen 23 on the use of generative artificial intelligence (‘Gen AI’) in legal proceedings. It outlines accepted practices and establishes clear obligations, including prohibitions, for practitioners using Gen AI. It comes into effect on 3 February 2025 and will apply to all Supreme Court proceedings. There is also a near-identical Land and Environment Court Practice Note that is to take effect at the same time.

This Practice Note expressly aims to ensure the responsible use of Gen AI in legal proceedings, balancing the benefits of technology with the need to maintain the integrity and confidentiality of the legal process.

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