AI hallucination cases in Australia
Howe v Secretary, New South Wales Department of Education
[2025] NSWIRComm 1081
Also recorded as Howe v. NSW Department of Education.
| Detail | What the trackers record |
|---|---|
| Court | NSW Industrial Relations Commission (IRC) |
| Jurisdiction | New South Wales |
| Date | 17 September 2025 |
| Who used AI | Self-represented |
| Tool named by the trackers | Not named |
| Sanction for the AI use | No professional sanction |
| Outcome | Not recorded |
| Citation | [2025] NSWIRComm 1081 |
Summary from the trackers
OBITER
The litigant in person’s (Applicant’s) alleged use of generative AI in the preparation of submissions (see [26]–[28]). The third case cited could not be located by the Commission ([26]). The Respondent speculated, based on a similar process of searching for the cases, that the Applicant’s submissions were prepared using generative artificial intelligence ([27]). In cross examination, the Applicant denied creating the submissions using generative AI ([28]).
Charlotin database
Fabricated: Case Law | A cited authority could not be located and was treated by the Respondent as entirely fictional; the Commission redacted the citation to avoid propagation. || Misrepresented: Case Law | Applicant relied on Nulty v Blue Star Group Pty Ltd [2011] FWAFB 975 but was said to have mischaracterised its outcome (Nulty did not result in an extension of time). || Misrepresented: Case Law | A second Fair Work Commission decision was cited with an incorrect title; the Commission locate
The tracker extract ends in the middle of a sentence.
Court AI rules
Sources
- OBITER AI Hallucination Cases: Australia
- AustLII
- AI Hallucination Cases Database, Damien Charlotin (CC BY 4.0)
- Judgment copy cited by the Charlotin database
All AI hallucination cases in Australia · New South Wales · Court AI practice notes