Mertz & Mertz (No 3) AI failures

An Australian Family Court solicitor was ordered to pay $10,000 AUD over AI-fabricated citations

In Mertz & Mertz (No 3) [2025] FedCFamC1A 222, a solicitor used an unidentified AI program via her paralegal to draft a Summary of Argument and List of Authorities filed in the Federal Circuit and Family Court of Australia, producing fictitious case law citations. The solicitor was ordered by consent to pay 10,000 AUD in costs thrown away correcting the errors, and the court referred the practitioners to the South Australian Legal Profession Conduct Commissioner and the Victorian Legal Services Board and Commissioner. The Full Court rejected the solicitor's claim that she was unaware the paralegal had used AI, holding that practitioners remain accountable for accuracy regardless of delegation.

Confidence

High (multi-source, primary)