Practice Note SC Gen 23: Use of Generative Artificial Intelligence

Supreme Court of New South Wales · New South Wales

last revised 2025-01-28last verified 2026-09-032 versionscountry page →

Practice direction / noteIn forceProhibitionDisclosureVerification duty

map categories:Disclosure of AI use in filings Duty to verify AI output AI-generated evidence Client data in AI tools Self-represented litigants

Practice Note SC Gen 23 of the Supreme Court of New South Wales, issued 21 November 2024, amended 28 January 2025 and in force from 3 February 2025. It prohibits using generative AI to draft affidavits, witness statements or expert reports without leave, requires affidavits to disclose that AI was not used, and holds practitioners responsible for verifying submissions.

Applies to: lawyers, litigants, parties
Effective: 03 Feb 2025
Current version: Amended (commenced 3 February 2025) · 28 Jan 2025
Last verified: 03 Sept 2026
Official text: supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Note…

What the document requires

Generative AI must not be used to generate the content of affidavits, witness statements or character references.
Affidavits and witness statements must contain a disclosure that generative AI was not used.
Expert reports may not use generative AI without leave of the court.
Generative AI may be used for submissions and summaries provided all citations are verified.
Practitioners must not enter confidential or suppressed material into public AI tools.

Version history

Version	Date	What changed	Source
Amended (commenced 3 February 2025)current	2025-01-28	Amended before commencement to clarify permitted uses, the scope of the affidavit disclosure requirement, and the leave process for expert reports.	official
Original	2024-11-21	First version recorded.	official

Related court incidents on the record

JNE24 v Minister for Immigration and Citizenship [2025] FedCFamC2G 13142025-08-15 Costs order
Valu v Minister for Immigration and Multicultural Affairs (No 2) [2025] FedCFamC2G 952025-01-31 Regulatory referral
Dayal [2024] FedCFamC2F 11662024-08-27 Other

Read our analysis: What NSW Supreme Court Practice Note SC Gen 23 actually prohibits →

Sources

Cite this record

SafeLegalAI Legal AI Regulation Tracker, "Practice Note SC Gen 23: Use of Generative Artificial Intelligence" (Supreme Court of New South Wales, Amended (commenced 3 February 2025), 2025-01-28), safelegalai.com/regulation/australia/nsw-sc-gen-23-generative-ai (accessed 2026-09-04). Data: CC BY 4.0.