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27/12/2025 - South Australian Courts Issue Official Guidelines for Generative AI in Litigation (Australia)

argument: Notizie/News - AI in Judicial Activities

Source: Courts Administration Authority of South Australia

The Courts Administration Authority of South Australia has issued a formal set of guidelines on December 24, 2025, governing the use of generative artificial intelligence in litigation across the state's judicial system. These rules apply to all proceedings in the Supreme, District, Magistrates, and Youth Courts. The primary objective is to address the risks associated with large language models, specifically the phenomenon of "hallucinations," where AI generates non-existent legal citations or facts. The guidelines emphasize that legal practitioners remain personally responsible for the integrity of all filed materials, regardless of technological assistance.

Under the new framework, lawyers must explicitly disclose the use of generative AI in the preparation of court documents. Practitioners are now required to certify that every cited authority and factual statement has been manually verified for accuracy. This measure is intended to prevent the submission of fabricated precedents that could undermine the judicial process. Furthermore, the guidelines highlight significant risks regarding client confidentiality, warning professionals against inputting sensitive or privileged information into public AI models that may utilize such data for training purposes.

In addition to regulating legal professionals, the court has provided specialized information sheets for self-represented litigants to ensure they understand the limitations of AI tools. Judges now possess the authority to inquire into the specific AI applications used in a case if there is a suspicion of ethical breach or inaccuracy. By establishing these clear boundaries, the South Australian judiciary seeks to harness the benefits of digital innovation while upholding the fundamental principles of justice, professional diligence, and accountability within the legal profession.