GenAI, Fake Law & Fallout – New Australian report reveals surge in legal cases involving generative AI
The UNSW Centre for the Future of the Legal Profession has dropped a sober but necessary reality check on the messy intersection between generative AI and actual courtrooms. Reviewing more than 520 cases from January 2023 to September 2025 across ten jurisdictions, the report finds that GenAI misuse has gone from novelty to full-blown administrative headache, with the United States leading the chaos, Australia close behind, and everyone else chipping in with their own brand of digital misfire.
The standout pattern should surprise no one: self-represented litigants are responsible for the overwhelming majority of AI-related blunders, particularly in lower courts and tribunals where SRLs flock. The greatest hits include fabricated case citations, hallucinated legal reasoning, bungled filings, and prolix, AI-generated document dumps designed to impress nobody. Even trained lawyers aren’t immune, with a handful of Australian professionals appearing in the cautionary-tale section.
The report doesn’t just scold. It sets out practical guidance for both lawyers and SRLs on using GenAI responsibly, with emphasis on verification, transparency, and understanding the limits of these tools. Director Michael Legg frames the issue bluntly: GenAI is an opportunity, but only for those who avoid turning it into litigation kindling.
The NSW media release is below –
| UNSW SydneySydney, Australia – The Centre for the Future of the Legal Profession (CFLP) at UNSW Law & Justice has released a new report on the impacts of generative artificial intelligence (GenAI) in law: GenAI, Fake Law & Fallout: A review of the misuse of generative artificial intelligence in legal proceedings. Drawing from a review of legal cases reported between January 2023 and September 2025, the report identifies over 520 cases where GenAI misuse was suspected or confirmed.From curiosity to concernWhat began as a trickle of GenAI cases has become a steady stream, led by cases in USA courts, followed by Australia. CFLP’s GenAI cases dataset was compiled from official court records and legal databases, spanning ten jurisdictions: Australia, Canada, Hong Kong, India, Ireland, New Zealand, Singapore, South Africa, the UK, and the USA.Visualisations in the report highlight key trends, including the predominance of GenAI cases involving self-represented litigants and the clustering of cases in commissions, tribunals, and lower courts, where self-representation is common. Other recurring themes or risk patterns related to GenAI misuse include:· fake and incorrect case citations and summaries· flawed legal reasoning· incorrect documentation, and· prolix documentation and ‘flooding’. Extracts from recent Australian GenAI cases involving legal professionals and self-represented litigants illustrate what can go wrong when GenAI is misused, a range of court responses, and key takeaways.Best practice guidance The report offers practical tips for legal professionals and self-represented litigants seeking to use GenAI responsibly and safely when preparing for court. GenAI can enhance legal services, but realising this potential depends on understanding its limits and risks, and implementing appropriate safeguards. Professor Michael Legg, Director of CFLP, (pictured) said:‘ GenAI offers real opportunities to improve legal services, but it also introduces risks that courts, lawyers, and policymakers must understand and manage. CFLP’s research aims to help the legal profession strike the right balance.’Key data points from CFLP’s GenAI cases dataset:· Period of case law review: 1 January 2023 to 30 September 2025· Jurisdictions reviewed: 10 – Australia, Canada, Hong Kong, India, Ireland, New Zealand, Singapore, South Africa, UK, USA· Total GenAI cases in the dataset: 520· Australian GenAI cases in the dataset: 87· Australian cases by user type: Legal professionals – 10; Self-represented litigants (SRLs) – 68; Other – 9 (=78% SRLs)· Australian courts/tribunals/commissions represented: 23CFLP acknowledges this report was prepared with research grant support from the Australian Academy of Law (AAL). Access the full report here, see more research from CFLP here and visit the Australian Academy of Law here.Experts available for interview:· Professor Michael Legg – Director, Centre for the Future of the Legal Profession, UNSW Law & Justice· Dr Felicity Bell – Deputy Director, Centre for the Future of the Legal Profession· Vicki McNamara – Senior Research Associate, Centre for the Future of the Legal Profession (Lead researcher, CFLP GenAI cases dataset). |
