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FWC targets meritless gen-AI claims with new filing rules

The Fair Work Commission will soon require employees and witnesses to disclose whether generative-AI has helped with their applications, under penalty of imprisonment for making false or misleading statements.

"Clearly, AI tools have benefits for self-represented litigants," President Justice Adam Hatcher said in a presentation to the Victorian Bar Association earlier this month.

"Occasionally, it allows a self-represented litigant to identify a proper legal basis for a meritorious claim in circumstances where they would otherwise be unable to do so," he said.

"However, it is at least equally common for AI tools to give a sheen of legal plausibility to cases which, on analysis, do not have reasonable prospects of success..."

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