Dayal

Mr Dayal, a solicitor, appeared as an agent in a proceeding before Judge Humphreys in the Family Court. The nature of the dispute was not detailed in the summary, but it involved an incident where Mr Dayal tendered a list and summary of authorities generated using software reliant on artificial intelligence (AI). Mr Dayal acknowledged that the list and summary did not exist and had not been verified for accuracy. This acknowledgment constituted a breach of the professional standards expected in the court. The court was required to decide on the appropriate response to this breach of professional conduct.

Judge Humphreys considered the gravity of the breach, which involved a significant oversight in the professional duties of a solicitor. The court recognised that the responsible use of AI in litigation was an issue of public interest. In response to Mr Dayal's unconditional apology and his acknowledgment of the breach, the court opted for a referral to the Office of the Victorian Legal Services Board and Commissioner rather than a punitive measure. The referral was intended to ensure that Mr Dayal's conduct is reviewed and that any necessary steps are taken to uphold professional standards. The court also decided to anonymise Mr Dayal and his firm, C Law Firm, in the published reasons for these directions to protect the identity of those involved in family law proceedings, as required by Part XIVB of the Family Law Act 1975.

The court directed the Principal Registrar of the court or his delegate to refer the matter to the Office of the Victorian Legal Services Board and Commissioner, providing copies of the court’s directions, Mr Dayal’s written submissions, the settled ex tempore reasons from a related case, and the list of authorities tendered by Mr Dayal. This referral was intended to ensure that the responsible use of AI tools in litigation is properly monitored and that professional standards are maintained. The form of the order is subject to review to correct any minor errors or to record variations as permitted by the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.