Submissions to the Honourable Chief Justice Chris Kourakis, Chief Justice of South Australia dated 7 October 2025

I. Introduction

1. This submission is provided to assist the Supreme Court of South Australia as it considers the use of generative artificial intelligence in the judicial and professional context, following the Court’s Survey on the Use of Generative AI in the South Australian Courts (May 2025).
2. The purpose of this paper is to:
   
   1. summarise the baseline understanding of generative AI reflected in judicial guidance across Australia; and
   2. outline how AI can now be designed to operate within law’s discipline — verifiable, auditable, and structured according to legal reasoning.

II. National Baseline Understanding

3. Across jurisdictions, courts have converged on a baseline understanding of generative AI:
   
   1. LLMs are probabilistic text generators that predict the next word.
   2. They do not reason in a human or legal sense.
   3. They are prone to hallucinations (non-existent cases).
   4. Their processes are opaque (no audit trail).
   5. They conflate fact, inference, and opinion.
   6. Human verification of all citations is essential.