Are “robo-judges” fuelled by artificial intelligence set to decide cases in Victorian courts? Absolutely not, according to The Honourable Richard Niall, Chief Justice of the Supreme Court of Victoria, but AI technology does present significant opportunities for the judicial system.

In this conversation, we delve into how Victorian courts are already using artificial intelligence, including several promising pilot projects, as well as future opportunities for efficiency, staff wellbeing and cost reduction. We also discuss the risks, including hallucinated citations, deepfakes, data privacy and unlicensed legal practice.

Guest:

1. The Honourable Chief Justice Richard Niall of the Supreme Court of Victoria
2. www.supremecourt.vic.gov.au

Host:

1. Karen Finch, Head of Legal Policy and Innovation, Law Institute of Victoria
2. [email protected] | www.linkedin.com/in/karen-finch

Episode Overview:

In this episode of Cross-Examined, Chief Justice Richard Niall of the Supreme Court of Victoria discusses the early implementation of AI in the court system in Victoria and how legal technology and court innovation are beginning to align in promising ways.

One example of experimental AI use is the pilot program at the Coroner’s Court, which uses tech to summarise large volumes of frequently traumatic statements to speed up investigations and reduce staff exposure to distressing material. Another is the judicial use of AI in Supreme Court’s exploratory work, where AI is used to assist judges with tasks like identifying competing arguments and summarising evidence.

The Chief Justice points to other opportunities of technology, including reduction in legal costs and facilitating broader access to justice for the Victorian community.

The risks of AI in legal practice are very real and widespread, including hallucinated citations, deepfakes, privacy concerns and unlicensed legal practice. The Chief Justice calls for a measured and careful approach to AI adoption, while also emphasising that AI must only ever augment, never replace, human analysis and judgment in decision making.

Topics & Timestamps:

1. [00:24] Intro and guest welcome
2. [02:07] Current level of AI adoption in the Victorian justice system
3. [04:36] AI pilot projects under way in Victorian courts
4. [11:35] Hallucinations, deepfakes and unlicensed legal practice
5. [25:05] The role of the judge in an era of AI
6. [33:54] How AI could influence costs and access to justice
7. [35:44] The future of AI and the law

Key Takeaways:

1. Victoria is taking a careful but optimistic approach to implementing AI in courts and tribunals.
2. AI is already being tested in Victorian courts, including a pilot in the Coroner’s Court that uses AI to summarise case material.
3. The Supreme Court is testing AI on completed cases to help summarise evidence or identify key issues.
4. The dangers of using AI in the legal system include hallucinated case citations, deepfakes, privacy concerns and unlicensed legal practice using AI tools.
5. AI policies must remain technology‑agnostic and flexible, so they don’t become obsolete as AI capabilities rapidly advance.
6. AI must augment, not replace, judicial decision making.

Resources & Links:

1. LIV Artificial Intelligence Hub – essential and up-to-date AI resources for Victorian practitioners
2. The Supreme Court of Victoria
3. Ethical and Responsible Use of Artificial Intelligence – LIV AI Ethics Guidelines
4. Artificial Intelligence in Victoria’s Courts and Tribunal – Report from the VLRC
5. Technology at the Court | Coroners Court of Victoria
6. Artificial Intelligence (AI) in the Law for Legal Practitioners – The Law Library of Victoria
7. “Supervising AI” – LIJ article by the Legal Practitioner’s Liability Committee
8. “AI and democracy” – LIJ article by The Honourable Justice Melissa Perry

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About This Podcast:

Cross-Examined is a new podcast from the Law Institute of Victoria. Tune in to hear experts discuss hot topics in the law and the changes shaping the legal profession. Regular episodes will cover everything from AI and cyber threats to ethical dilemmas, workplace taboos and practice management insights.

This podcast is recorded on the traditional lands of the Wurundjeri people of the Kulin Nation. The Law Institute of Victoria acknowledges the Traditional Custodians of Country across Australia. We pay our respects to Elders past and present.

Disclaimer:

This podcast is for informational purposes only and is not intended to replace professional legal advice. The views expressed in this podcast do not necessarily reflect the views of the Law Institute of Victoria (LIV). The LIV is not responsible for any losses, damages or liabilities that may arise from the use of this podcast. Listeners should seek independent legal advice for their matters.

Production Information:

1. Produced by: The Law Institute of Victoria
2. Producer and audio editor: Garreth Hanley
3. Music: Garreth Hanley
4. Copy and show notes: Louise Surette

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