MiAI Law

MiAI Law Federal Court Submissions on GenAI 4 October 2025

I. Introduction

  1. This submission responds to the Federal Court’s Notice to the Profession dated 29 April 2025, which flagged that the Court is considering issuing a practice note or guidelines regarding the use of generative AI. The purpose of this submission is twofold:
    1. To set out the baseline understanding of generative AI reflected in guidance already issued by courts across Australia.
    2. To explain what can be done differently, showing that AI systems need not be limited to probabilistic text generation but can be designed to reflect law’s discipline: verifiable, auditable, and structured according to legal method.

II. National Baseline Understanding

  1. 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.