Extract from Christopher Niesche’s article “Australian Judge Bans Use of Gen AI for Affidavits, Witness Statements”
Lawyers in Australia’s biggest state New South Wales have been banned from using generative artificial intelligence to help prepare affidavits, witness statements and export reports to be put before the courts.
In a practice note that came into effect this month, NSW Chief Justice Andrew Bell, who is the state’s most senior judge, wrote that affidavits, witness statements, character references should contain and reflect a person’s own knowledge, not AI-generated content.
“Gen AI must not be used for the purpose of altering, embellishing, strengthening or diluting or otherwise rephrasing a witness’s evidence when expressed in written form,” he writes in a practice note.
An affidavit, witness statement or character reference must contain a disclosure that Generative AI was not used in generating its content.
However, with the permission of the presiding judge, Gen AI can be used in the preparation of an annexure or exhibit prepared by the deponent of the affidavit or witness statement or character reference for the purposes of his or her evidence.
