NSW PD Prohibiting Gen AI Use in Evidence and Judgment Drafting

On 24 November 2024 the Honourable Chief Justice Andrew Bell issued Supreme Court Practice Note SC Gen 23 which imposes a general prohibition across legal practice in the use of Generative AI in the drafting of witness affidavits, expert reports, character references and like documents filed or lodged with any court, or in drafting of reasons for judgment. Such filed or lodged documents must carry a “disclosure” (ie confirmation) that Gen AI was not used in formulation.  In the case of written submissions or outlines of argument, Gen AI may be used but must be accompanied by a written verification of evidentiary authority and legislative reference. The Practice Direction is below, with critical portions highlighted for the assistance of the reader. 

The link may be found here.