Self-represented litigants in Australia harmed by inaccurate AI legal assistance
Researchers documented 84 reported cases where generative AI tools were used in Australian courts since late 2022, with over three-quarters involving self-represented litigants. The AI-generated legal information was often inaccurate, causing valid claims to be lost and resulting in courts warning of potential cost penalties for relying on unreliable AI assistance.
What happened
Research found 84 reported cases of generative AI use in Australian courts since late 2022, with more than three-quarters (66 of 84) involving self-represented litigants.
Self-represented litigants have used various generative AI tools to help with property and will disputes, employment, bankruptcy, defamation, and migration cases.
In a New South Wales case decided in August 2024, a self-represented respondent's AI-generated submissions were described by Chief Justice Andrew Bell as often "misconceived, unhelpful and irrelevant".
Queensland courts issued updated guidance warning self-represented litigants that using "inaccurate AI-generated information in court" could cause delays and result in costs orders against them.
Reported impact
Relying on AI tools that produce inaccurate legal information can result in court documents being rejected and valid legal claims being lost in court.
Judge My Anh Tran noted that while generative AI can appear helpful when self-representation seems overwhelming, using it without understanding and verifying its accuracy risks damaging rather than helping a case.
Index analysis
Self-representation is common in Australian courts, with 79% of litigants in migration matters at the Federal Circuit Court being unrepresented in 2023-2024, and a significant number of civil proceedings in the Queensland District Court involving self-represented parties.
Governance controls
The County Court of Victoria created easy-to-use forms for self-represented litigants to improve access to the court system.
Classification
Sources and evidence
This record was researched and written by the Index, based on the following original reporting.