RESEARCH · INTERNATIONAL COMPARISON · CHECKED 23 SEPTEMBER 2026 · SOURCES UPDATED 26 SEPTEMBER 2026
How other jurisdictions deal with AI
England & Wales, Australia, New Zealand and Canada, set against South Africa. Foreign guidance is persuasive at most. It does not bind South African advocates.
Every entry below comes from a document on file, listed under the table. The list was last checked against the research folder on 26 September 2026.
The table is wider than the screen: swipe sideways for all six columns. The topic column stays in place.
| Topic | South Africa | England & Wales | Australia | New Zealand | Canada |
|---|---|---|---|---|---|
| Check what you cite | LPC Code para 57.1; GCB rule 3.2; Parker, Mavundla, Northbound, FJL v TGO | Ayinde at [7]: duty to check AI research against authoritative sources | NSW SC Gen 23 paras 16–17: verify in the submissions; not by AI alone. Vic SC Gen 25 para 7.4(e) | Jones [2026] NZSC 1 at [7]: false citations may be contempt in serious cases | LSO practice tip 3: always verify independently. Ontario r 4.06.1(2.1): the lawyer certifies that every authority is authentic and every quotation accurate |
| Personal responsibility | LPC Code paras 3.9, 3.11, 28.4 | BSB guidance, section 5 | Vic SC Gen 25 para 6.5 | NZLS: not absolved because it came from AI | LSO practice tip 1; LSBC |
| Competence in the tool | LPC Code paras 3.11, 3.13 (proposed guideline 3) | BSB: sufficient competence in technology and AI (Core Duty 7) | — | NZLS: incompetent use may breach the rules | LSO practice tip 2 |
| Work of others | Mavundla [48], [54]; Northbound [91], [96] | Ayinde at [8]–[9] | — | NZLS: supervised staff | LSBC (rule 6.1-1); LSO section 4 |
| Confidentiality | LPC Code paras 3.6, 57.2, 57.3 | BSB: free public tools unlikely to meet rC86 | NSW SC Gen 23 para 9A | NZ Courts: nothing not already public | LSBC: consider informed consent |
| Disclosure of AI use | No general rule found | BSB rC19: to client if it materially affects the service | NSW SC Gen 23 para 13: affidavits must disclose AI was not used. Federal Court GPN-AI paras 4.10–4.11: disclose use in preparing evidence, at the start of the document | NZ Courts: not as a matter of course | Federal Court notice (7 May 2024): a declaration in the first paragraph of any document with AI-generated content |
| Evidence | — | — | NSW SC Gen 23 para 10: no AI-generated content in affidavits | — | — |
| Fees | LPC Code paras 29, 34.6; GCB rule 7.1.1 | — | — | NZLS: review billing practices | LSO section 5; LSBC rule 3.6-1 |
A dash means that no provision on the point was found in the documents on file. It does not mean that the jurisdiction has no rule.
Sources on file
South Africa
- LPC Code of Conduct, GG 42337, 29 March 2019
- GCB Uniform Rules of Professional Ethics (updated July 2024)
- Mavundla v MEC: Department of Co-Operative Government and Traditional Affairs KwaZulu-Natal [2025] ZAKZPHC 2; 2025 (3) SA 534 (KZP) — SAFLII
- Northbound Processing (Pty) Ltd v South African Diamond and Precious Metals Regulator [2025] ZAGPJHC 661 — SAFLII
- FJL v TGO (2025/220239) (GJ, 31 July 2026) — PDF
- Parker v Forsyth NNO and Others (1585/20) [2023] ZAGPRD 1 (Regional Court, Johannesburg, 29 June 2023) — PDF
England & Wales
- R (Ayinde) v London Borough of Haringey; Al-Haroun v Qatar National Bank [2025] EWHC 1383 (Admin) — judiciary.uk
- Bar Standards Board, Guidance on the use of Artificial Intelligence and Other Technologies, valid from 18 May 2026 — BSB
- Bar Council, Considerations when using ChatGPT and generative AI software (November 2025)
Australia
- Supreme Court of NSW, Practice Note SC Gen 23, commenced 3 February 2025 — NSW Supreme Court
- Supreme Court of Victoria, Practice Note SC Gen 25 — Supreme Court of Victoria
- Federal Court of Australia, Use of Generative Artificial Intelligence Practice Note (GPN-AI), 16 April 2026 — Federal Court (the site may block automated visits; open it in a browser)
New Zealand
- Jones v Family Court at Whangārei [2026] NZSC 1 — Courts of NZ
- Courts of New Zealand, Guidelines for use of generative AI in courts and tribunals: Lawyers (7 December 2023) — Courts of NZ
- New Zealand Law Society, Lawyers and Generative AI (March 2024) — NZLS
Canada
- Law Society of Ontario, Generative AI: Your professional obligations — LSO
- Law Society of British Columbia, Guidance on Professional Responsibility and Generative AI — LSBC
- Federal Court, Notice to the Parties and the Profession: The Use of Artificial Intelligence in Court Proceedings, 7 May 2024 — Federal Court (PDF)
- Ontario Rules of Civil Procedure, r 4.06.1, as amended by O Reg 275/26 (from 1 September 2026) — e-Laws