Australian Lawyer Faces Issues After Using AI to Generate Court Documents

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An Australian lawyer has been referred to the New South Wales Legal Services Commissioner after it was discovered he used ChatGPT to produce court filings that cited fictitious cases. According to Justice Rania Skaros of the federal circuit and family court, the lawyer submitted flawed documents in an immigration case, which contained non-existent case citations and misquoted tribunal decisions.

During a court hearing on November 25, 2024, the lawyer admitted to using the AI due to time constraints and health issues, stating he incorporated AI-generated summaries without verifying the information. Skaros noted that the court had spent considerable time trying to verify these citations.

The immigration minister's counsel argued that the lawyer's actions demonstrated a lack of due diligence, emphasizing the necessity to curb such misuse of AI in legal contexts. This incident follows another case from Melbourne where a lawyer was similarly referred for using AI in family court proceedings. The NSW Supreme Court has since imposed regulations limiting the use of generative AI by lawyers in judicial settings.

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