GenAI, Fake Law & Fallout - New report reveals surge in legal cases involving generative AI

UNSW Sydney

Sydney, Australia - The Centre for the Future of the Legal Profession (CFLP) at UNSW Law & Justice has released a new report on the impacts of generative artificial intelligence (GenAI) in law: GenAI, Fake Law & Fallout: A review of the misuse of generative artificial intelligence in legal proceedings.

Drawing from a review of legal cases reported between January 2023 and September 2025, the report identifies over 520 cases where GenAI misuse was suspected or confirmed.

From curiosity to concern

What began as a trickle of GenAI cases has become a steady stream, led by cases in USA courts, followed by Australia. CFLP’s GenAI cases dataset was compiled from official court records and legal databases, spanning ten jurisdictions: Australia, Canada, Hong Kong, India, Ireland, New Zealand, Singapore, South Africa, the UK, and the USA.

Visualisations in the report highlight key trends, including the predominance of GenAI cases involving self-represented litigants and the clustering of cases in commissions, tribunals, and lower courts, where self-representation is common. Other recurring themes or risk patterns related to GenAI misuse include:

· fake and incorrect case citations and summaries

· flawed legal reasoning

· incorrect documentation, and

· prolix documentation and ‘flooding’.

Extracts from recent Australian GenAI cases involving legal professionals and self-represented litigants illustrate what can go wrong when GenAI is misused, a range of court responses, and key takeaways.

Best practice guidance

The report offers practical tips for legal professionals and self-represented litigants seeking to use GenAI responsibly and safely when preparing for court. GenAI can enhance legal services, but realising this potential depends on understanding its limits and risks, and implementing appropriate safeguards.

Professor Michael Legg, Director of CFLP, said:

‘GenAI offers real opportunities to improve legal services, but it also introduces risks that courts, lawyers, and policymakers must understand and manage. CFLP’s research aims to help the legal profession strike the right balance.’

Key data points from CFLP’s GenAI cases dataset:

· Period of case law review: 1 January 2023 to 30 September 2025

· Jurisdictions reviewed: 10 - Australia, Canada, Hong Kong, India, Ireland, New Zealand, Singapore, South Africa, UK, USA

· Total GenAI cases in the dataset: 520

· Australian GenAI cases in the dataset: 87

· Australian cases by user type: Legal professionals – 10; Self-represented litigants (SRLs) – 68; Other – 9 (=78% SRLs)

· Australian courts/tribunals/commissions represented: 23

CFLP acknowledges this report was prepared with research grant support from the Australian Academy of Law (AAL). Access the full report here, see more research from CFLP here and visit the Australian Academy of Law here.

Experts available for interview:

· Professor Michael Legg - Director, Centre for the Future of the Legal Profession, UNSW Law & Justice

· Dr Felicity Bell - Deputy Director, Centre for the Future of the Legal Profession

· Vicki McNamara - Senior Research Associate, Centre for the Future of the Legal Profession (Lead researcher, CFLP GenAI cases dataset).

Paul Elliott, Event & Content Coordinator, Centre for the Future of the Legal Profession
E: [email protected]