The legal profession is embracing AI, but caution and accountability are paramount. In her recent article for Wolters Kluwer, Jacky Campbell, Founding Partner of Forte Family Lawyers, explores how the use of artificial intelligence is reshaping Australian legal practice, and why family lawyers need to proceed thoughtfully.
Drawing on several recent Australian cases, Jacky looks at how courts have responded to recent AI-generated submissions containing hallucinated citations, inaccurate legal reasoning, and more so, have raised serious questions around client confidentiality.
This piece also examines the growing expectation that practitioners supervise and verify any AI assisted work before it reaches the courtroom and the challenges Australian courts are facing.
Jacky also shares her thoughts on where AI can genuinely improve efficiency for legal practitioners, and where caution is essential when working with rapidly emerging technologies.
Topics discussed include:
- AI accuracy and hallucinations
- Confidentiality and privilege risks, Pt XIVB of the Family Law Act 1975 (Cth) (‘the Act’)
- Professional conduct obligations
- Practitioner accountability
- The future of AI in legal practice
Cases discussed
- Dayal [2024] FedCFamC2F 1166
- Hearne v Street [2008] HCA 36
- Helmold & Mariya (No 2) [2025] FedCFamC1A 272
- Jenson & Lockridge (No 2) [2026] FedCFamC1A 303
- Mata v Avianca Inc 678 F Supp 3d 443 (SDNY 2023)
- Mertz & Mertz (No 3) [2025] FedCFamC1A 222
- May v Costaras [2025] NSWCA 178
- Re Walker [2025] VSC 714
- Tesar & Szep (No 3) [2026] FedCFamC1F 21
Legislation and rules referenced
- Family Law Act 1975 (Cth)
- Legal Profession Uniform Law Australian Solicitors’ Conduct Rules
Read Jacky’s full article the ‘Use of Artificial Intelligence (AI) in family law proceedings’ on Wolter Kluwers here.