NSW’s top judge Chief Justice Andrew Bell has announced a review of Supreme Court Practice Note Gen 23 on generative AI. Bell had previously flagged the note, which guides NSW solicitors and barristers on when they can and can’t use AI, would be reviewed periodically given the area is evolving quickly and, in his view, is one of the biggest challenges facing the justice system. The practice note started in February this year.
Members of the legal profession are invited to make submissions on the practice note by 18 December 2025 to Justice Bell's tipstaff, Sebastian Braham at: [email protected].
The statement announcing the review also contains links to resources created by the UNSW Centre for the Future of the Legal Profession, The Cambridge Handbook of Generative AI and the Law and Justice Bell's opening speech on AI in international arbitration at the recent International Arbitration Conference 2025, among others.
Professor Michael Adams interviews Bill Madden on SC PN Gen 23
For a discussion on the practice note as it’s currently in-force see the early 2025 BenchTV interview with Bill Madden, Senior Legal Counsel, led by Professor Michael Adams, immediate past Head of the UNE School of Law. Madden, a highly experienced and respected civil liability litigator, and Adams, an internationally recognised specialist in corporate law, governance and legal regulation, discuss the need for a nuanced approach to Gen AI in the law. They advocate for appreciating the legitimate capabilities of AI at present and raise the duty a solicitor owes to the court under existing civil procedure rules.
Source: Use of generative AI – practice note review
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