Generative AI tools like ChatGPT, Microsoft Copilot and Google Gemini, generate text or suggestions based on patterns in the data they were trained on. They may help you with simple tasks but there are important limits and risks that you must understand before using them. Courts and tribunals are cautious about the use of generative AI and you could harm your case if you use it incorrectly.
Generative AI tools cannot give accurate legal advice. They do not understand the law, court processes or your individual circumstances. They may sound confident but they can use law or cases that are not relevant in New South Wales or Australia. For advice about your rights or what to do with your case, you should speak to a qualified lawyer.
This page explains how generative AI can be used responsibly and when it can’t be used.
Risks of using generative AI in legal matters
Generative AI tools can be helpful for general information but using them comes with some risks.
AI can produce incorrect or made-up information
AI tools can give you incorrect legal information and may use law or cases that are not relevant in New South Wales or Australia. They can also misunderstand legal terms or court processes.
AI tools can also ‘hallucinate’ by inventing fake cases, legislation, quotes or legal principles that seem real. Using incorrect or made-up information in court documents can weaken your case and cause problems for you. Courts and tribunals may question a document that seems to contain inaccurate or unusual content or references.
Courts have warned that:
- AI-generated errors can make your submissions unreliable
- they waste court time
- they can affect how trustworthy your material appears.
Always verify any AI generated information using reliable legal sources such as official legislation websites.
AI tools are not private or secure
You shouldn’t enter any private, identifying or sensitive information into an AI tool. Anything you type may be stored, reused or viewed by others. This means you could accidentally:
- breach a suppression order
- share someone else’s confidential information
- publish information that should be private.
You are responsible for what you file
If you choose to use AI, you must check every fact, reference and explanation yourself. You will be held responsible for any incorrect information you file or rely on.
When not to use generative AI
You should avoid using generative AI for anything that:
- is being filed in court
- will be sworn, affirmed or signed before a witness
- needs strict accuracy
- needs an understanding of the law
- contains private or sensitive information.
You must not use generative AI tools to write or reword:
- affidavits
- witness statements
- statutory declarations
- character references
- similar documents that set out your evidence or opinion.
These documents must be in your own words and based only on facts you know are true. Using AI for the content of these documents may break court rules and your material may be rejected. Many courts and tribunals also require a disclosure in affidavits, witness statements and character references stating that generative AI was not used to generate or rephrase the content.
If you are unsure about the generative AI rules that apply in your matter, contact the relevant court or tribunal for guidance.
Responsible use of generative AI
If you are representing yourself, generative AI tools can help you with simple tasks when you are preparing your matter. They may help you to:
- organise dates, facts or issues that you already know
- summarise or review documents or transcripts
- suggest headings or ways to structure information
- create a basic outline for a letter or document that you will write yourself
- think about what you want to say.
If you choose to use AI, follow these rules:
1. Keep personal details out
Do not type in names, addresses, dates of birth, court numbers or anything that can identify a person.
2. Use AI only for wording or structure, but not for evidence
For example:
- “can you make this sentence clearer”
- “can you suggest headings for a letter”.
Do not use AI to draft or rephrase evidence that you plan to swear or affirm.
3. Check everything yourself
AI often gets legal information wrong. Always check anything it writes by using official sources such as:
- NSW or Federal legislation websites
- court websites
- Legal Aid NSW resources.
4. Make your own decisions
AI cannot give legal advice, although it might try. Always check that the information it gives you is correct. You are responsible for deciding what to say, what to file and how to run your matter. If you are unsure, get legal advice from a lawyer.
Getting legal advice
Generative AI is not a substitute for legal advice from a qualified lawyer. It cannot advise you about your rights or obligations under the law or tell you what to do in your case.
If you are unsure about what to file, what to say in court or how to prepare your case, you should get legal advice from a lawyer.
Last updated: March 2026
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