When did SC Gen 23 commence?
It applies to all Supreme Court proceedings from 3 February 2025. The note was reissued on 28 January 2025. Open the current PDF.
Supreme Court of New South Wales
SC Gen 23: generative AI in the NSW Supreme Court
SC Gen 23 allows some preparatory uses, including chronologies, indexes and summaries, and then sets separate rules for witness evidence, submissions and expert reports. Paragraphs 9A to 24 are the part to read against the document you are preparing.
Generative AI must not be used to alter, embellish, strengthen, dilute or rephrase a witness’s evidence. An affidavit, witness statement or character reference must disclose that generative AI was not used to generate its content, unless leave covers an annexure.
If generative AI is used in written submissions, the author must verify citations in the body of the document, and that verification must not be done only by a generative tool. An expert report must not be drafted with generative AI without prior leave, and practitioners must draw the note to the expert’s attention.
Closed-source and open-source tools are both covered. A paid legal product is not exempt. Spellcheckers, transcription, translation and formatting that do not generate substantive content sit outside the note’s definition, as does dedicated legal research software that searches legislation and judgments. A chatbot that writes a paragraph is not in that exception.
3 February 2025
The note applies to all proceedings in the Supreme Court from 3 February 2025. It was reissued on 28 January 2025. The Court’s public page links the current PDF. The District Court and the Local Court have their own notes, and each of those notes adopts this one in its current form.
Practice Note SC Gen 23, Use of Generative Artificial Intelligence
Disclosure checklist
Work through this against the instrument, not instead of it. The checks do not record that the filing is done.
- Confirm the forum is the Supreme Court and open the 28 January 2025 reissue of SC Gen 23.
- Read paragraphs 9A to 24 against the document you are preparing.
- Apply paragraph 9A before any upload of suppressed material, material under the Harman undertaking, subpoenaed material, or material under a statutory publication ban.
- On an affidavit, witness statement or character reference, include the disclosure that generative AI was not used to generate the content, unless leave covers an annexure.
- If submissions used generative AI, verify every citation in the body of the document, and not only with a generative tool.
- Do not draft an expert report with generative AI without prior leave, and tell the expert about the note.
Sources
Every Australian court page
Each court has its own note. Open the one named on the file.
- AI practice note: Federal Court of Australia
- FCFCOA AI practice direction
- Fair Work Commission AI guidance note
- Administrative Review Tribunal generative AI practice direction
- SC Gen 23: generative AI in the NSW Supreme Court
- NSW Local Court generative AI practice note
- NSW District Court generative AI note
- NSW Land and Environment Court generative AI note
- NCAT generative AI directions
- Personal Injury Commission generative AI note
- SC Gen 25: Victoria AI practice note
- County Court of Victoria AI guidelines
- VCAT and generative AI
- Queensland courts AI practice direction
- Queensland District Court AI accuracy direction
- QCAT AI accuracy direction
- Queensland Planning and Environment Court and Land Court AI directions
- WA Supreme Court generative AI guidelines
- South Australia courts generative AI guidelines
- SAET generative AI guidelines
- Tasmania court AI practice notes
- ACT court AI practice notes
- Northern Territory court AI practice notes
- High Court of Australia and generative AI
See suggested levels for this court · All court AI notes · Jurisdiction tasks · Law firm AI policy guide · Practice areas
Questions
What disclosure does an affidavit need?
The note says an affidavit, witness statement or character reference must disclose that generative AI was not used to generate its content, unless leave covers an annexure. Generative AI must not alter or rephrase the witness’s evidence.
Can I use SC Gen 23 in the Local Court or NCAT?
The Local Court practice note commencing 12 January 2026 adopts SC Gen 23 in its current form. The District Court General Practice Note 2 does the same. NCAT has its own note. Open the note for the court or tribunal named on the file.