Tasmania Supreme Court: Releases GenAI Use Guidelines for Legal Professionals

The Supreme Court of Tasmania, Australia, published guidelines for the use of generative artificial intelligence (genAI) in court proceedings, effective October 21, 2026, applicable to all court users, with non-compliant lawyers potentially facing Legal Profession Board proceedings or personal cost orders.

These comprehensive guidelines, which apply to lawyers, litigants, witnesses, and other court users producing documents for all court proceedings, aim to ensure responsible genAI use and promote confidence in the court system. While court users are not required to certify genAI use in preparing documents, expert witnesses must disclose such use in line with their obligations under the Expert Witness Code of Conduct. The guidelines identify certain areas of genAI use as riskier for the administration of justice. Non-compliance can lead to various court actions, including striking out documents, imposing cost orders, or delaying proceedings, with lawyers specifically facing potential Legal Profession Board proceedings or personal cost orders. The court intends to regularly review these guidelines, acknowledging the rapid advancements in AI technology, and similar initiatives have been seen from other Australian courts like the Administrative Review Tribunal and the County Court of Victoria.

This development is highly significant for legal practitioners across Australia, as it establishes a clear judicial framework for the ethical and practical integration of rapidly evolving genAI technologies into legal practice. It underscores the judiciary's proactive approach to addressing the challenges and opportunities presented by AI, particularly concerning accuracy, reliability, and the administration of justice. The potential for sanctions, including professional disciplinary action for lawyers, highlights the seriousness with which courts view responsible AI use and the imperative for legal professionals to adapt their practices accordingly.

The legal context for these guidelines draws upon the inherent powers of the court to manage its proceedings, principles of procedural fairness, and the professional conduct obligations of lawyers and expert witnesses. While specific statutes are not cited for the guidelines themselves, they implicitly reinforce existing duties to the court and professional responsibility. The mention of the Legal Profession Board and the Expert Witness Code of Conduct indicates that these guidelines are integrated into the broader regulatory and ethical framework governing legal practice in Tasmania. Key parties involved include the Supreme Court of Tasmania, the Legal Profession Board, and all categories of court users.

Attorneys practicing in Tasmania, and indeed across Australia, must thoroughly familiarise themselves with these guidelines and similar directives from other jurisdictions. They should develop robust internal policies for genAI use, focusing on the verification of AI-generated content, understanding disclosure obligations for expert witnesses, and identifying