Update your templates
If you practise in NSW and haven’t updated your templates this year, this is your reminder.
Practice Note SC Gen 23 – Use of Artificial Intelligence (Generative AI) – issued by the Supreme Court and adopted by the District Court in early 2025, now also applies in the Local Court (from 12 January 2026).
Compliance with the Practice Note is no longer a “Supreme Court issue”. It applies to every civil and criminal proceeding in NSW.
The practical consequence is significant: Every affidavit, witness statement and character reference must disclose that generative AI was not used in generating:
• the contents of the document — including altering, embellishing, strengthening, diluting or rephrasing a witness’s evidence; or
• the content of any annexure or exhibit prepared by the deponent for the purposes of their evidence (absent a grant of leave under paragraph 15 of the practice note).
And do not overlook paragraph 23: practitioners must draw the requirements of SC Gen 23 to the attention of any expert when providing instructions.
With the new law term in full swing, some practitioners appear to have been caught off guard. The application of SC Gen 23 applies across the entire NSW court hierarchy.If you haven’t done so already, familiarise yourself with the Practice Note and check those templates today!
