Submissions to the Honourable Chief Justice Stephen Gageler AC, Chief Justice of Australia dated 7 October 2025

I. Introduction

1. This submission is provided for the information of the High Court of Australia as part of the broader national consideration of the use of generative artificial intelligence in legal and judicial practice.
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.