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High Court chief justice warns AI poses an 'existential' threat to the law

Australia's top judge, Stephen Gageler, has used his first Australian interview to warn that AI could strike at the heart of our adversarial system of justice.

Chief Justice Stephen Gageler at his swearing in ceremony in 2023 with predecessor Susan Kiefel. LUKAS COCH/AAP

Australia’s chief justice, Stephen Gageler, has declared artificial intelligence an “existential threat” to the justice system, forcing courts to reconsider the role of a judge.

In an exclusive interview with Capital Brief — his first with an Australian outlet since taking over from Susan Kiefel as chief justice in November 2023 — Gageler said the rapid development of platforms such as ChatGPT “calls into question the adversarial system”.

“If you're a plaintiff and you have an AI system formulating your arguments, and there's a defendant who has an AI system formulating the defendant's arguments, is a judge going to have another AI system judging between these two computer generated arguments?

“Or do you have one AI system? I mean, really, it's that big an issue.”