Non-compliant lawyers may face Legal Profession Board proceedings, personal cost orders
The Supreme Court of Tasmania has published guidelines for the use of generative artificial intelligence (genAI), effective 21 October 2026 and applicable to all lawyers, litigants, witnesses, third parties, and other court users producing documents for all the court’s proceedings.
According to the guidelines, which aim to ensure the responsible use of genAI and promote confidence in the court, the court expects its users to:
The guidelines clarified that court users do not need to certify genAI use in preparing documents.
As for expert witnesses, they should disclose genAI use in line with their obligations under the Expert Witness Code of Conduct.
According to the guidelines, using genAI in the following areas is riskier for the administration of justice:
Per the guidelines, the court may do the following when court users fail to follow the guidelines, court orders, and court directions when preparing documents with genAI:
Another possible outcome is a delay in the proceedings.
As for non-compliant lawyers, the court may:
The guidelines will remain effective until further notice. The court intends to regularly review its approach to the use of genAI in light of the swift developments in AI and genAI technologies.
Here are some other recent news stories from Australian courts or tribunals that touch upon AI use.
In August, the Administrative Review Tribunal shared a practice direction on the use of genAI in its proceedings, accompanied by an optional checklist to help tribunal users navigate their obligations under the practice direction.
Last June, the County Court of Victoria released a practice note for court users and guidelines for judicial officers, stating the court’s expectations for responsible AI use in court proceedings.
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