LO
ConstraintCognitive automation2025-02-03
The New South Wales Supreme Court forbids using generative AI to write the content of affidavits and witness statements, which must reflect the person's own knowledge
Paralegaloccupation page →
Event date / reported
2025-02-03
Evidence stage
ConstraintFailure, rollback, regulation or cost is suppressing adoption. Can lower an assessment or widen its uncertainty.
Tasks this bears on
Client and witness contact
Getting documents out of a reluctant client, preparing a nervous witness, explaining what happens next.
Still human-led✓ Evidence-backed
Where this applies
New South Wales, Australia. The court's practice note, which commenced on 3 February 2025 and applies to all proceedings, says generative AI must not be used in generating the content of affidavits, witness statements, character references or other material intended to reflect a witness's evidence or opinion, must not be used to alter, embellish, strengthen, dilute or rephrase a witness's evidence in writing, and that such documents should contain the person's own knowledge; it does not prohibit AI for work merely preparatory to drafting. One court's rule; it says nothing about chasing documents from clients.
What this means
In one major court, putting a witness's account into words must be done by people, not generated.
What it does not yet show
One court's practice note; it does not reach client contact outside witness evidence.
What you can check
Open NSW Supreme Court Practice Note SC Gen 23 and find "Gen AI must not be used in generating the content of affidavits".
Does it change the assessment?
No. The impact index is never moved by a single event. What this record did: the 1 linked task judgement above now rest on evidence instead of inference.
Source
Supreme Court of New South Wales — Practice Note SC Gen 23, Use of Generative Artificial Intelligence (issued 28 January 2025; commenced 3 February 2025) · verified 2026-10-09 · Claude (VOLO agent) · interpreted 2026-10-09 · Claude (VOLO agent)
Primary source — published by the party that did this, or the authority of record. No co-signature needed.