The Victoria Supreme Court has issued new practice notes and judicial guidelines regarding the use of artificial intelligence in legal proceedings. The documents aim to lead, support, and clarify the appropriate utilisation of this emerging technology while maintaining court integrity.
Accountability and Risks
The practice note permits the use of AI tools but places the responsibility for court documents entirely on the users. This means legal practitioners and court users must verify all information regardless of whether they relied on an automated system. The guidelines highlight several key areas of concern that litigants must address before submitting filings. These include ensuring the accuracy and relevance of information, understanding privacy risks associated with various tools, and recognizing the possibility of facing costs orders for inaccurate documents. The court warns that legal practitioners could face sanctions for relying on unverified AI output.
Victoria became one of Australia’s first jurisdictions to develop AI guidelines in 2024. Chief Justice Richard Niall stated that the court will continue adapting its practice to remain at the forefront of technological use without sacrificing impartiality, privacy, accountability, or fairness. He emphasized that AI is an evolving technology that requires careful management within the judicial system. The court’s efforts to establish clear guidelines are also informed by the recent review conducted by the Victorian Law Reform Commission, which likely provided valuable insights into the benefits and challenges of AI in legal proceedings.
Related: FCFCOA practice direction outlines AI obligations for court users
Role of Judges
The judicial guidelines clarify the specific limitations placed on judicial officers. They confirm that generative AI cannot be utilised for judicial decision-making. Instead, officers must consider each matter before them and exercise their own judgment to reach decisions. These guidelines cement the principle that any use of AI will be an aid to, not a replacement of, judicial decision-making.
The court allows judicial officers and staff to use approved AI tools for specific tasks. These include finding case materials, producing summaries or chronologies from documents, aiding legal research, and proofreading. However, the guidelines explicitly state that these uses are not a substitute for reading evidence, listening to submissions, or conducting fact-finding during decision-making. Furthermore, the guidelines emphasize the importance of supporting decisions with reasons, which ensures that the use of AI is transparent and accountable.
Supporting these efforts, the Judicial College of Victoria announced an online AI skills program for judicial officers on Wednesday, September 16, 2026. The college explained that the seminar will help officers utilise AI consistently with judicial values and ethics, adapt systems to their needs, and create queries that maximise output value. Officers will also learn methods for gathering and testing answers to ensure reliability. By providing judicial officers with the necessary skills and knowledge, the college aims to promote the effective and responsible use of AI in the judicial system, ultimately enhancing access to justice and upholding the integrity of the court.
