The Chief Justice of Australia’s highest court has declared that the country’s judiciary has entered an "unsustainable phase" of artificial intelligence use in litigation, cautioning that judges now find themselves acting as "human filters" of machine-generated or machine-enhanced legal arguments.

The remarks were delivered by Chief Justice Stephen Gageler at the first day of the Australian Legal Convention in Canberra on Friday, where he addressed the rising incidence of AI-produced evidence, submissions and legal research by both self-represented litigants and legal practitioners.

Chief Justice Gageler observed that the use of generative and enhanced AI tools in matters ranging from argument drafting to evidence preparation has increased significantly in Australian courts.

He emphasised that the rapid pace of technological advancement now outstrips the capacity of human decision-makers to fully assess the risks and benefits.

He described the challenges as "existential issues" for the Australian judicature, pointing to the growing difficulty of exercising human judgment and discretion in an environment where legal materials increasingly originate from machines.

While warning of the risks posed by AI-generated content, Chief Justice Gageler also acknowledged the positive potential of technology.

He said AI could play a constructive role in delivering civil justice systems that are “just, quick and cheap” — provided that its use remains subject to human oversight and rigorous verification.

His remarks come at a time when most Australian jurisdictions have issued practice guidelines on AI use in legal proceedings and when a specialist review by a law-reform body is underway in Victoria.

Chief Justice Gageler further raised the future possibility of AI playing roles in decision-making in courts and tribunals, and underscored the importance of preserving the value of human reasoning and judgment.

He said that as the judiciary confronts this frontier, it must remain vigilant about the implications for trust, fairness and accountability in the justice system.

In addition to his commentary on AI, the Chief Justice used his address to highlight the pressures on judicial personnel, including mental and emotional strain stemming from case loads, public scrutiny and exposure to traumatic subject matter.

He stressed that judges and magistrates are entitled to a safe system of work, and emphasised the system’s collective responsibility in supporting victims of family and sexual violence to access justice and hold perpetrators to account.

The Chief Justice’s address serves as a call to the legal profession, the judiciary and government alike to engage proactively with the technological transformation of the courts.

The interventions of the Chief Justice reflect both the opportunities and the perils presented by AI in legal practice — and suggest that Australia’s courts are preparing to re-examine their foundations in the face of rapid technological change.