Australia's most senior judge, Chief Justice Stephen Gageler, has warned that judges are being forced to act as 'human filters' for AI-generated legal arguments, as the use of machine-generated content in courts reaches an 'unsustainable phase'. Speaking at the Australian Legal Convention in Canberra, Gageler said inappropriate use of AI by both self-represented litigants and trained legal practitioners is creating challenges for the judiciary.
Gageler noted that AI technology has the potential to deliver civil justice that is 'just, quick and cheap', but cautioned that its rapid development may be outstripping human capacity to assess its risks and rewards. He raised 'existential issues' about the role of AI in court decision-making, stressing the need to carefully evaluate the value of human judgment.
The chief justice highlighted concerns about false precedents being cited in court cases, a problem that has proliferated globally. In September, a Victorian lawyer became the first in Australia to face professional sanctions for submitting AI-generated false citations, losing his ability to practise as a principal lawyer after failing to verify the precedents.
Gageler also urged judges and magistrates to speak up about their wellbeing, citing stress, mental illness, vicarious trauma from cases involving family or sexual violence, and threats of physical harm. He warned that the justice system is failing victims of sexual violence, noting that an Australian Law Reform Commission report found one in five women and one in 16 men over 15 have experienced sexual violence.
