AI hallucination cases in Australia

Smith and Commissioner of Taxation (Taxation)

[2026] ARTA 25

Also recorded as Smith and Commissioner of Taxation.

Smith and Commissioner of Taxation (Taxation) [2026] ARTA 25
DetailWhat the trackers record
CourtAdministrative Review Tribunal (ART)
JurisdictionCommonwealthCommonwealth forum
Date12 January 2026
Who used AISelf-represented
Tool named by the trackersNot named
Sanction for the AI useNo professional sanction
OutcomeNot recorded
Citation[2026] ARTA 25

Summary from the trackers

OBITER

The litigant in person (Applicant) cites cases in support of his submissions that, if they exist at all, do not support the principles he asserts (see [82]–[84]). J Dunne said (at [83]): ‘[t]he Tribunal is not certain that this has occurred in the present case, but comments that if artificial intelligence is used as a research tool by litigants before the Tribunal, each case identified by artificial intelligence needs to be located on public websites (such as www.austlii.edu.au

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Charlotin database

Fabricated: Case Law | Applicant cited 'AAT Case [2011] AATA 206' as supporting reconstructed records; Tribunal noted the actual decision at that citation is Barclay and Repatriation Commission [2011] AATA 206 and it does not support the Applicant's proposition (misrepresentation/misapplication). || Fabricated: Case Law | Applicant cited a Tribunal decision 'Re Jowett v Commissioner of Taxation [2011] AATA 433' that does not exist; Tribunal noted the citation was a hallucination and the actual d

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Court AI rules

Sources

All AI hallucination cases in Australia · Commonwealth · Court AI practice notes