South Australia courts: Generative AI guidelines for litigation (commencing 1 Jan 2026)

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

I. Regulatory Summary

Requires law firms and litigants in South Australia to implement an AI-use workflow for litigation (verification, confidentiality controls, and ability to explain AI reliance to the court). Increases procedural and disciplinary risk where AI-assisted filings contain unverified errors.

II. Full Description

The guidelines apply from 1 January 2026 to steps taken in proceedings in the Supreme Court, District Court, Magistrates Court, Youth Court, Environment, Resources and Development Court and Court of Disputed Returns governed by the UCRs/USSRs/JCRs. They encourage appropriate use of generative AI (e.g., research, drafting, summarisation) but emphasise that users must understand limitations and remain personally responsible for accuracy and compliance with duties (including the Harman obligation for compelled materials) and professional conduct obligations. They state that routine disclosure of AI use in documents is not required, but users should be able to inform the court if asked and must not treat AI as an excuse for misleading conduct.

III. Scope & Application

State court guidance applying to proceedings under the Uniform Civil Rules 2020 (SA), Uniform Special Statutory Rules 2022 (SA) and Joint Criminal Rules 2022 (SA) across multiple South Australian courts, from 1 January 2026. It addresses permissible uses of generative AI in litigation, while reaffirming existing professional and procedural duties (accuracy, candour, confidentiality and proper use of compelled documents).

IV. Policy Impact Assessment

Primary Focus: procedural court ai rules