The practice note aims to address the challenges and opportunities posed by AI
The NSW chief justice has announced the introduction of Practice Note SC Gen 23, providing guidance on the use of generative artificial intelligence (AI) in legal proceedings.
Effective from 3 February 2025, the practice note aims to address the challenges and opportunities posed by AI in the legal field. It coincides with amendments to the Uniform Civil Procedure Rules, aligning with the opening of the 2025 Law Term.
Developed after consultations with the New South Wales Bar Association and the Law Society of NSW, the practice note establishes clear obligations for legal practitioners using Gen AI tools. Lawyers must understand the risks and limitations of these technologies, including potential errors such as generating fictitious case citations or introducing unverified material into witness statements.
NSW Law Society President Brett McGrath welcomed the initiative as a historic step for the Supreme Court, which celebrates its 200th year. “Gen AI presents both challenges and opportunities,” McGrath said. “This Practice Note ensures that legal practitioners are equipped to manage these technologies responsibly, protecting litigants, the community, and the integrity of the justice system.”
The Law Society has been taking steps to prepare legal professionals for the evolving role of AI. This year, it launched an AI taskforce comprising legal and technology experts, including judicial officers, to inform the development of guidelines. The society has also provided resources, such as the Solicitor’s Guide to the Responsible Use of Artificial Intelligence, and professional development courses on AI in legal practice.
Chief Justice Andrew Bell has also issued guidelines for judges, developed in collaboration with other NSW judicial leaders, to ensure consistency in the use of Gen AI within the courts. The practice note and guidelines will be periodically reviewed to keep pace with advancements in AI technology.
The chief justice will present the new practice note on 2 December in the Banco Court, offering solicitors an opportunity to learn about its implementation. McGrath encouraged practitioners to attend or watch via the Supreme Court’s YouTube channel to prepare for the practice note’s commencement.
