Submissions to the Honourable Chief Justice Richard Michael Niall, Chief Justice of Victoria dated 7 October 2025

I. Introduction

1. This submission supports the Supreme Court of Victoria’s continuing engagement with the profession and service providers on the responsible use of generative artificial intelligence, following the release of the Guidelines for Litigants: Responsible Use of Artificial Intelligence in Litigation (2024).
2. The submission aims to illustrate how AI systems can be built to reflect law’s discipline rather than mere probability, producing verifiable and audit-ready outputs.

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.