New practice note expects transparency for generated images and multimedia
Australia’s Federal Court has published a practice note that provides its expectations and guidance regarding the use of generative artificial intelligence (genAI) technology in proceedings, with those utilising such tools expected to be transparent in certain situations.
The practice note defined genAI and acknowledged its possible benefits in terms of improving efficiency, decreasing costs, and advancing access to justice. The practice note also addressed the risks of genAI use to the proper administration of justice and public confidence in the legal system.
In the practice note, the court said it expected those using genAI to have a basic understanding of its capabilities, limitations, and risks; refrain from adversely affecting the administration of justice; and abide by their existing legal and professional obligations.
According to the practice note, the court expected those using genAI to exercise particular care when preparing pleadings, submissions, evidence, and dealings containing confidential or protected information.
The practice note emphasised that the court could compel disclosure of genAI use in some circumstances. Specifically, the court expected those involved in Federal Court proceedings to be transparent about utilising genAI if they used such tools to:
Per the practice note, the court also expected them to be transparent if they used genAI tools in any manner that might impact the admissibility of the evidence or the court’s use of such evidence.
In a notice to the profession, Debra S. Mortimer, the Federal Court’s chief justice, explained that the court’s approach to developing and approving the practice note sought to ensure the proper administration of justice, the responsible adoption of emerging technologies, and parties’ accountability for material they filed.
The publication of the practice note on 16 April 2026 followed the Federal Court’s consultations with litigants, the legal profession, and fellow courts. Throughout 2024–25, the Federal Court’s judges discussed how genAI would impact court proceedings and whether to release relevant guidance.
In connection with this question, Chief Justice Mortimer issued a public statement on 28 March 2025 and a notice to the profession on 29 April 2025.
In the coming months, the court plans to hold a symposium addressing the pros and cons of genAI use in Federal Court matters, in light of the practice note and recent developments in AI utilisation in legal proceedings.
