The Supreme Court of Victoria has issued new practice notes and judicial guidelines governing the use of artificial intelligence (AI) within its jurisdiction. The documents aim to clarify appropriate and innovative use of emerging AI technologies while ensuring accountability, privacy, and fairness in legal proceedings. The court emphasized that AI tools may assist but not replace human judgment in decision-making processes.
The practice note for court users outlines responsibilities for parties submitting documents, stating that users remain accountable for the accuracy and relevance of their filings, even if AI tools are used. It highlights steps to verify information, address risks of AI-generated errors, and consider privacy implications when employing AI software. Court users may face sanctions if their submissions contain inaccuracies or rely on unverified AI outputs.
Chief Justice Richard Niall noted that AI’s potential to improve access to justice is acknowledged, but its use must not compromise legal standards. “AI is an evolving technology, and we will continue to adapt our practice to ensure we remain at the forefront of its use in Courts and by Court users without sacrificing impartiality, privacy, accountability and fairness,” he stated in the court’s news release.
The judicial guidelines explicitly prohibit generative AI from being used in judicial decision-making. Judicial officers must rely on their own judgment when evaluating cases and provide reasons for decisions where appropriate. However, the guidelines permit the use of court-approved AI tools to locate case materials, summarize evidence, support legal research, and proofread documents. These tools do not replace the need for officers to read submissions, assess evidence, or conduct independent fact-finding.
In 2024, the Victoria Supreme Court became one of the first Australian jurisdictions to establish formal AI guidelines for the judiciary. The Judicial College of Victoria will hold an online AI skills program for judicial officers on 16 September 2026. The seminar will cover ethical AI use, adapting systems to judicial needs, crafting effective prompts, and evaluating AI-generated responses.
