Guidelines concerning the use of Generative artificial intelligence in litigation in South Australian Courts

Unspecified generative AI tool (includes ChatGPT example) procedural_guidance; verification_required; hallucinated_citations_risk; confidentiality_leak_risk; synthetic_evidence_integrity

I. Executive Summary

The Supreme Court of South Australia issued court guidelines governing the use of generative AI in litigation steps across South Australian courts, effective for proceedings from 1 January 2026. The guidance emphasizes that lawyers and litigants remain responsible for accuracy and compliance and must not present AI-generated content unless they have taken steps to satisfy themselves it is reliable and accurate. It highlights risks of “hallucinations” (fabricated sources/factual errors), confidentiality/privilege leakage through non-closed systems, and inappropriate undisclosed AI alteration or analysis of evidence. It warns that breaches of obligations (eg misleading conduct, misuse of compelled documents, or impermissible disclosure) may attract serious procedural consequences (including potential contempt).

II. Conduct Analysis

Lawyers/litigants may use generative AI for tasks such as research, drafting, discovery review, and summaries, but must personally verify outputs and manage confidentiality and evidentiary integrity risks. Use of non-closed AI systems to upload compelled or confidential material is flagged as potentially breaching obligations (including the Harman obligation) and professional duties. AI must support, not replace, professional judgment; undisclosed AI alteration of evidence is treated as inappropriate.

III. Legal Foundations

Uniform Civil Rules 2020 (SA) (UCRs); Uniform Special Statutory Rules 2022 (SA) (USSRs); Joint Criminal Rules 2022 (SA) (JCRs); UCR 3.1 (overarching obligations); JCR 27.1 (overarching obligations); Harman obligation (use of documents obtained by compulsion); South Australian Legal Practitioners Conduct Rules (paramount duty to court; confidentiality)

IV. Key Facts

Applies to steps in proceedings governed by the Uniform Civil Rules 2020 (SA), Uniform Special Statutory Rules 2022 (SA), and Joint Criminal Rules 2022 (SA), from 1 January 2026. Defines GenAI and notes hallucination risk (non-existent sources/factual errors). Flags risks where documents/information (including compelled discovery, suppressed details, privileged or confidential materials) are uploaded to GenAI; gives ChatGPT as an example of a standard account where uploaded files are not private and may be used to improve models.

V. Consequences & Sanction

Court-issued procedural guidance adopted for use in litigation steps; establishes expectations and warnings for GenAI use (verification, confidentiality, evidence integrity), with potential procedural consequences for non-compliance.