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.

Howe v Secretary, New South Wales Department of Education [2025] NSWIRComm 1081
DetailWhat the trackers record
CourtNSW Industrial Relations Commission (IRC)
JurisdictionNew South WalesNew South Wales forum
Date17 September 2025
Who used AISelf-represented
Tool named by the trackersNot named
Sanction for the AI useNo professional sanction
OutcomeNot 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

All AI hallucination cases in Australia · New South Wales · Court AI practice notes