Generative AI tools are becoming increasingly popular, even in legal contexts. However, as the recent Full Court decision in Helmold v Mariya (No 2) [2025] FedCFamC1A 163 shows, using AI without proper checks can have serious consequences.
In this case, a self-represented father appealed parenting orders made in his absence. During the appeal, the Court discovered that his written submissions—prepared with the assistance of AI—contained some fictitious case citations and some incorrect authorities for the propositions contended. The Court noted:
“Reliance upon unverified research generated by AI has the capacity to confuse, to create unnecessary complexity, to result in wasted time and to mislead the Court and other parties.”
The appeal was dismissed.
Why This Matters
- Duty of honesty: All litigants, including self-represented parties, have a duty not to mislead the Court or the other parties.
- Risks of AI: Inputting confidential court documents into open AI platforms may breach Part XIVB of the Family Law Act 1975 (Cth), which restricts communication of case information to the public. It can also risk waiving privilege.
- Ethical obligations: Legal professionals have a duty to ensure accuracy and confidentiality. AI cannot replace professional judgment.
Our Expertise
At Nevett Ford Lawyers, we understand the complexities of family law and the importance of accuracy and confidentiality. Our team combines legal knowledge with responsible use of technology to protect your interests and comply with the law.
Need Advice?
If you’re navigating a family law dispute, don’t leave your case to chance—or to unverified AI outputs. Contact our experienced team for clear, reliable advice. To discuss your particular situation, please contact our family law team on 03 9614 7111 or melbourne@nevettford.com.au.
