Generative AI practice note issued by Federal Court of Australia

The Federal Court of Australia published its Generative Artificial Intelligence Practice Note, setting out the Court’s expectations and guidance for the use of generative AI in proceedings before it.

According to the Notice to the Profession, the Practice Note explains what generative AI is, recognises its potential benefits for efficiency, cost reduction, and access to justice, and states that its use must remain consistent with existing legal and professional obligations.

The Practice Note identifies areas requiring particular caution, including the preparation of pleadings, submissions, evidence, and dealings with confidential or protected information. It also explains when disclosure of the use of generative AI may be required.

The Federal Court of Australia says it considered the implications of generative AI for court proceedings throughout 2024 and 2025. That work drew on a public statement by the Chief Justice on 28 March 2025, and a Notice to the Profession issued on 29 April 2025.

The Notice says the Court sought to balance the administration of justice with the responsible adoption of emerging technologies, while maintaining parties’ accountability for material filed. It also says the Court plans to convene a symposium in the coming months on the challenges and benefits of generative AI in Federal Court proceedings.

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