On 14 May 2026, the Supreme Court of Victoria issued Practice Note SC Gen 25 on the use of artificial intelligence by court users. The Practice Note commenced on the same date. It replaces the May 2024 Guidelines for Litigants on the responsible use of artificial intelligence in litigation. The Court issued separate Judicial Guidelines covering use of AI by judicial officers.
Practice Note SC Gen 25 is issued by the Chief Justice of the Supreme Court of Victoria. It applies to all court users in all jurisdictions of the Court. It follows the Victorian Law Reform Commission review of AI in litigation. It updates the Court's earlier position on generative AI tools and sits alongside the new Judicial Guidelines.
The direct addressees are practitioners, litigants in person, expert witnesses and any party that files material with the Court. Content produced using AI must be verified with meaningful human control. Court users are responsible for ensuring AI output is current, complete, accurate and applicable to the jurisdiction. Court users must be able to identify the specific portions of court documents produced using AI and explain how the output was verified.
Particular caution applies to affidavits, witness statements and other documents that form evidence. Those documents must be sworn, affirmed or finalised in a form that reflects the person's own knowledge and words. The Practice Note does not ban use of AI tools. It does not require disclosure in every case. It does require the user to account for AI use on request from the Court.
We may advise on AI governance for litigation teams operating in Australian courts. We can call on a partner network of Australian counsel where on-the-ground filings are required. Contact us to scope a piece of work. Work we undertake includes AI use policies, verification procedures, evidence preparation protocols, expert witness templates and training aligned with court expectations.
Source: Supreme Court of Victoria, Practice Note SC Gen 25 - The Use of Artificial Intelligence by Court Users, 14 May 2026, https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users
The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.