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The latest issue of the Australian Law Journal (Volume 99 Part 12) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

• Everything Old Can Be New Again
• A Return of the Protected Tenant
• An Apologia for Roman Law
• The Curated Page

CONVEYANCING – Editors: Robert Angyal SC and Brendan Edgeworth

• Post-Whitlam Property Law?

CLASS ACTIONS – Editor: Lachlan Armstrong KC

• Court-ordered Registration in Aid of Settlement Discussions in Class Action Proceedings –A New Lease on Life

TECHNOLOGY AND THE LAW – Editors: Lyria Bennett Moses and Angelina Gomez

• Court Data Australia v AIC Case Summary

NEW ZEALAND – Editor: Justice Matthew Palmer

• Court of Appeal Indicates Its Preferred Approach to Interpretation of Contractual Discretions – The “Proper Purpose” Approach

Articles

Cyber Risk, Cyber Preparedness and Cyber Resilience – Challenges for Corporate Law and Financial Regulation – Paul Latimer and Michael Duffy

Corporations today operate as much in cyberspace as they do in the physical world. Recent high-profile hacking and data loss from Australian corporates including financial services licensees demonstrate how ASIC, other regulators, government departments and stockexchanges regulate companies and financial markets in relation to issues in cyberspace and play a role in fostering cyber security and resilience. This article traces the fast-developingduties of financial services licensees and the related duties of directors and managers in relation to cyberspace risk management. It follows the RI Advice case in 2022 which confirmed that administration and enforcement of cybersecurity is now no longer a matter solely for information technology departments. Obligations of licensees, directors and management in relation to cyberspace risk management under the Corporations Act2001 (Cth) now include cybersecurity and cyber resilience controls and documentation to manage cyber risk as the world continues to move into a digital future.

Less than Meets the Eye: Federal Court’s Costs Orders in Munkara v Santos and Their Relevance for Lawyers and Expert Witnesses – John Southalan

The Federal Court has ordered the Environmental Defenders Office (EDO) to pay $9 million in indemnity costs to Santos NA Barossa P/L (Santos) following failed legal proceedings. This was the final event of a years’ litigation which started with an interlocutory injunction(preventing Santos work in the Timor Sea), before a full hearing and dismissal of the claims(with criticism of the applicant’s lawyer and experts), then interlocutory proceedings (with Santos contemplating costs against the EDO and other parties) and concluding with the costs order. Commentary on these proceedings sees the costs implications as significant but overlooks that the final orders were made by consent. Given concerns about SLAPP lawsuits and “lawfare”, this article explains the precedent from these proceedings is limited to its unusual combination of features. Nevertheless there are important implications – for advocacy organisations, but also for companies and regulators – and their lawyers and expert witnesses.

A Litigation Claim Valuation Model to Resolve the Settlement Dilemma – Hugh Stowe

A prudent party should settle if (but only if) they receive an offer which exceeds the projected value of litigating. However, there is no conventional theory or practice for quantifying that value. This article proposes a methodology for identifying, quantifying and aggregating the myriad components of the value of litigating. The methodology typically generates a value of litigating which is drastically worse than the intuitions of a party or its lawyer. It facilitates precise determination of a prudent “bottom line” in negotiations, exposes the broad range of mutually advantageous settlement, and provides a tool to deflate an opponent’s unreasonable settlement demands and advance fair settlement.

BOOK REVIEW – Editor: Angelina Gomez

• Australian Criminal Trial Procedure, by Dean Mildren

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The latest issue of the Building and Construction Law Journal (Volume 40 Part 5) contains the following material:

EDITORIAL

• Security of Payment in Hong Kong

Articles

Proportionate Liability in Construction Disputes: The Gold Standard or a False Start? – Andrew McNeill

Over two decades after the enactment of uniform proportionate liability legislation, the High Court continues to grapple with questions regarding its application. In two highly contested decisions, Tesseract and Pafburn, the High Court has developed proportionate liability law with far-reaching implications for the resolution of construction disputes. This article explores the significant ambiguities arising from these decisions, particularly in the interaction between common law claims and statutory duties, and the possibility of contracting out of proportionate liability through dispute resolution clauses. This article also assesses the practical consequences of these uncertainties for construction projects, with a focus on how they complicate dispute resolution processes, especially arbitration, and explores whether alternative choices of law in arbitration could circumvent this prohibition or are contrary to the public policy of the regime.

REPORTS

• Synergy Construct Australia Pty Ltd v GSA North Terrace Pty Ltd
• Wan Sern Metal Industries Pte Ltd v Hua Tian Engineering Pte Ltd
• Hynash Constructions Pty Ltd v BRP Industries Pty Ltd
• RE Oakey Pty Ltd v Canadian Solar Construction (Australia) Pty Ltd
• XY v UV

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The latest issue of the Australian Law Journal (Volume 99 Part 11) contains the following material:

CURRENT ISSUES – Editor: Justice François Kunc

• The Statewide Treaty in Victoria
• Practical Legal Training Reform Developments
• The Curated Page

CONVEYANCING – Editors: Robert Angyal SC and Brendan Edgeworth

• Compulsory Acquisition of Land in New South Wales: Recent Decisions on the Ambit of the “Public Purpose”

EQUITY AND TRUSTS – Editor: Aryan Mohseni

• The Demise of Universal Injunctions in the United States: Trump v CASA

FAMILY LAW – Editor: The Hon Justice Grant Riethmuller AM

• Section 79 and the Rights of Creditors in Property Proceedings: B Pty Ltd v Anker

Articles

Fulfilling the Promise – 50 Years of the Australian Law Reform Commission – Mordecai Bromberg and Andrew Godwin

The 50th Anniversary of the Australian Law Reform Commission (ALRC) presents an opportunity to celebrate its achievements to date and contemplate its future. This article discusses the ALRC’s history since 1975 with reference to its historical origins, its institutional attributes and the inquiries that it has conducted. In particular, it examines the purpose of institutional law reform (the “why” of institutional law reform), the different functions that the ALRC performs (the “what” of institutional law reform), and the way in which the ALRC performs those functions (the “how” of institutional law reform). The article concludes with observations about the value of the ALRC and its future in fulfilling the promise of institutional law reform.

Of Mice, Men and Machines: A Future Direction for Legal Personhood – Daniel Goldsworthy

Law personifies its subjects. Once a legal person, certain rights, duties and obligations follow. At least that is the standard picture; but that picture is somewhat incomplete. The orthodox view of legal personhood is that it requires no necessary connection with human personhood; the legal person is simply whomever, or whatever, law says it is. And recently, the law has had quite a lot to say on expanding these conceptual boundaries. Examples include conferring legal personhood on a range of natural phenomena (such as rivers, mountains, and mother nature), movements to extend legal personhood to animals, as well as related but adjacent conversations about the appropriate legal recognition for AI. Such instances require careful consideration of the nature and scope of legal personhood in order that we may pursue its coherent and principled development. This article makes a modest case for how we might do so.

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The latest issue of the Australian Business Law Review (Volume 53 Part 5) contains the following material:

EDITORIAL – General Editor: Michael Terceiro

Articles

Liability as a Principal and under Agency for Companies in a Corporate Group: ACCC v Emma Sleep GmbH – Adrian Coorey

In the recent decision of Australian Competition and Consumer Commission v Emma Sleep GmbH, important factual and legal questions were raised in relation to establishing the liability of a parent company and related body corporate for contravening conduct of an Australian subsidiary. The decision provides valuable insight into the current state of law, especially in relation to the principles of agency and the attribution of liability of a director, employee or agent to the body corporate under s 139B(2) of the Competition and Consumer Act 2010 (Cth). This article provides an in-depth discussion of the facts and legal issues raised in the decision, and concludes with an outline of implications and key legal principles that were confirmed by the Court in this case.

PRIVACY – Editor: Normann Witzleb

• Face to Face: Australian Privacy Commissioner Weighs Facial Recognition Technology Adoption against Transparency and Proportionality – Tom Kench and Tim de Sousa

BANKING AND FINANCE – Editor: Andrew Godwin

• Managing the Destruction of Financial Records – Yu-Tung Liu and Tien-Wei Hwang

BOOK REVIEW – Editor: Nicholas Felstead

• Competition Law and Economics in Australia, Volume I: The Competition Law System: Context, Law, and Economics (1st ed), edited by Julie Clarke, Allan Fels, Brent Fisse, Deborah Healey, Mel Marquis, John Middleton and Rhonda Smith – Reviewed by Nicholas Felstead

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The latest issue of the Australian Tax Review (Volume 54 Part 4) contains the following material:

EDITORIAL – General Editors: Dale Pinto and Kerrie Sadiq

• Continuity and Change in Australian Tax Law: From Pre-CGT Assets to ESG Accountability

Articles

Can Death Concession Rule Maintain Eternal Pre-CGT Asset Status for Entity Owned Assets? – Dale Boccabella

Death changes the status of a pre-capital gains tax asset to a post-CGT asset for the deceased’s donee. This suggests no asset can remain a pre-CGT with time. Division 149 deals with pre-CGT assets held in entities. The general rule is where a substantial change in ownership of the entity occurs (50% or more) compared to the ownership position at CGT start date, the entity’s pre-CGT assets will become post-CGT assets. However, where the disqualifying change in ownership of the entity occurs by reason of death, such a change of status is deemed to not occur. This exception to the general rule clearly applies where the deceased was a CGT start date owner. However, there is some doubt as to whether the exception can apply where the taxpayer who obtained the interest from the CGT start date owner passes it on to their beneficiary on death, that is, a subsequent testamentary transfer(s). If the exception does apply to subsequent testamentary transfers, the possibility of a pre-CGT asset in say 150-years is raised.

ESG Performance and Corporate Tax Aggressiveness in Australia – Terri Trireksani, Hadrian Geri Djajadikerta and Hafiz Yasir Ali

This study examines the association between environmental, social, and governance (ESG) performance and corporate tax aggressiveness among publicly listed Australian firms using a comprehensive data set from 2009 to 2024. Drawing on stakeholder and legitimacy theories, we find that higher ESG performance, particularly in the social dimension, is significantly linked to lower tax aggressiveness. Using Refinitiv ESG scores and a peer-adjusted tax aggressiveness measure (TA_GAAP), the analysis remains robust to alternative measures and extensive controls. Policy relevance is notable. For the Australian Taxation Office, social ESG indicators could enhance Justified Trust risk assessments. The findings also support integrating tax transparency metrics into ESG reporting frameworks for Treasury and standard setters. Boards and executives can align social responsibility initiatives with prudent tax strategies to strengthen compliance, investor confidence, and stakeholder trust. The study reinforces the view that responsible tax conduct is essential to sustainable corporate practice in the Australian context.

Comparing Indonesian and Australian Approaches to Tax Administration – James McMillan, Henderi, and Leonardo Zulkarnain

This article considers some of the main differences between the Australian and Indonesian approaches to tax administration, with emphasis on differences in the design of the two systems. Australia’s tax system is high performing. Revenue targets are regularly met, and an annual Tax to Gross Domestic Product (GDP) ratio in the range of 23%–24% is consistently achieved. In contrast, Indonesia’s tax system does not yet generate sufficient revenue to meet the Indonesian Government’s long-term aspiration to achieve a 16% Tax to GDP ratio. Through a better understanding of some of the design differences between the two systems in their approach to tax administration, Indonesia’s Directorate General of Taxation could identify changes which, if adopted, may assist it to achieve its long-term revenue goals.

CASE NOTE

FCT v PepsiCo: Reinforcing Form over Substance Interpretation of Tax Law? – Fei Gao and Richard Krever

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The latest issue of the Building and Construction Law Journal (Volume 40 Part 4) contains the following material:

EDITORIAL – General Editor: Michael Christie SC

• The High Court of Australia and Construction Law

Articles

Limiting Liability for Faulty Tender Information: Is There a Better Way? – Lucas Shipway

The inefficiencies and disputes that ensue when a bidder relies on incomplete or inaccurate tender documentation are an obvious source of wasted time and cost. This is a particularly unfortunate problem in the procurement of public infrastructure, given that the consequences are visited on the community as well as the contractor. This article will outline the Australian law on claims for relief for faulty tender information and compare it to the position in the United States. It will then examine the conventional approach of government agencies in seeking to limit liability (including the so-called “no reliance” clause) and the challenge to that approach posed by the Viterra Malt case. The article concludes by suggesting a different approach to responsibility for faulty tender information.

Faster, Higher, Stronger – and More Sustainable? Lessons in Environmentally Sustainable Construction Procurement for Future Olympic Host Cities – Bronte Smith

Environmental legacy has become an increasingly important concern for Olympic host cities, set against a backdrop of growing requirements and consistent commentary concerning the negative environmental effects of the Olympic Games. The way in which host cities engage in construction procurement may influence whether they produce an Olympic Games that meets expectations and ultimately bears an environmentally sustainable legacy. This article draws upon the successes of the construction procurement processes of London 2012 and Tokyo 2020 to provide key lessons in environmentally sustainable Olympic construction procurement for future host cities.

Contractors Pollution Legal Liability Insurance – Liability Scenarios and Policy Response – Patrick Mead

Contract Works insurance may afford limited cover from time to time if the disturbance of asbestos or another contaminant is such as to reach the threshold for “physical damage” to property forming part of the Work Under Contract Significant gaps in cover can arise however where liability is asserted for damage to third party property. Contractors General Liability or Public and Products policies of insurance commonly contain a “pollution” exclusion and/or a specific exclusion directed towards liability arising from the presence or disturbance of asbestos. Contractors Pollution Legal Liability Insurance, is a sometimes overlooked component of risk management for contractors engaged not just in civil works projects, where the risk of encountering site contamination remains ever present, but also more generally with any projects involving site mobilisation for construction or demolition works.

REPORTS

• Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd [2025] SASCA 39
• The Owners – Strata Plan 87003 v Raysons Constructions Pty Ltd
• JG King Project Management Pty Ltd v Hunters Green Retirement Living Pty Ltd
• Kennedy Civil Contracting Pty Ltd (Subject to Deed of Company Arrangement) v Linx Constructions Pty Ltd

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The latest issue of the Environmental and Planning Law Journal (Volume 41 Part 6) contains the following material:

Articles

Beating the Shell Game: Regulating the Vexing Issue of Polymers – Gerry Nagtzaam and Elena Karataeva

One class of man-made chemicals that is of a particular concern due to their omnipresence in the environment are man-made polymers and their impact. This article seeks to rectify the current analytical lacunae of polymer regulation which remains comparatively unexamined and undertheorised. It will do so by first considering the problem of defining polymers from a regulatory standpoint. It then provides an overview of the environmental and health issues associated with our overreliance on polymers. It then considers the current lack of research and data on polymers and the implications from a regulatory perspective and asks whether there is currently a uniform approach to identification of polymers. The article then critically examines the problem of competing definitions of the term. The article then looks at four jurisdictions: the European Union, the United States, China and Australia, outlining their approaches to the issue and seeking to generate insights into how to improve regulatory approaches. It then details concerns around the potential harmonisation of polymer regulation at the global level. Lastly, the article considers how best to revise and improve the current regulatory frameworks overseeing polymers.

Ruling Nature: The Promethean Underpinnings of the Constitution – Costa Avgoustinos

“Prometheanism” is the belief that humans must dominate and reshape nature as its master. This article examines how this environmental perspective informed the drafting of Australia’s Constitution. To begin, Prometheanism became normalised in Britain over centuries. By the time of the Constitution’s creation, it was deeply ingrained in colonial Australian law and policy. The framers, therefore, incorporated Promethean ideas into the Constitution without much critical thought. Prometheanism, however, is not a neutral environmental position. It conflicts with Aboriginal and Torres Strait Islander people’s traditional views of nature and sits uncomfortably with the sensitivities to nature needed to address climate change and other emerging ecological crises. For these reasons, while my focus is providing a historical account of how Promethean assumptions animate the Constitution, this article concludes with an assessment of how the constitutional entrenchment of these assumptions impact First Nations people and the environment today.

Remote Sensing and AI Technologies for Biodiversity Conservation – Brian J Preston and Paul Adam

The conservation of biological diversity is dependent upon the availability of reliable, current and accessible data. Remote sensing technologies, which can identify, measure and analyse objects, areas and phenomena in the environment, human activities in the environment and the impacts of human activities on the environment, are increasingly being relied upon to obtain this data. The analysis of the large data sets produced by remote sensing technologies is also now commonly undertaken by artificial intelligence (AI). When paired together, remote sensing and AI generate a powerful means of producing readily accessible data for making informed and useful biodiversity conservation decisions. This article maps the most commonly used remote sensing and AI technologies and how these technologies have been used in biodiversity conservation. The article considers how such technologies are used in evidence in court proceedings and assesses potential issues relating to the reliability and authenticity of remote sensing data.

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This issue of the Australian Intellectual Property Journal (Volume 36 Part 2) contains the following material:

EDITORIAL – Editor: Dianne Nicol

Articles

Development of the Australian Works of Artistic Craftsmanship Doctrine – Resolving Tensions Created in Burge – Yisheng R Chen

This article presents an analysis and re-evaluation of the High Court judgment in Burge v Swarbrick, the principal Australian authority on “works of artistic craftsmanship”. A close re-examination reveals that Burge is best understood to have advanced two fundamentally irreconcilable tests for what amounts to a work of artistic craftsmanship – Denicola’s functional-constraint test and Lord Simon’s product-of-an-artistic-craftsman test. The reliance on Denicola’s test seems, at first sight, reasonable; but, as this article explains, it was based on an interpretation of the separability principle under US law, which effectively excludes copyright protection for the expression of functional aspects of a work of artistic craftsmanship. Lord Simon’s approach was, however, founded on the Anglo-Australian legal tradition, and does not explicitly exclude the expression of functional aspects of a work from copyright protection. It is therefore undesirable for courts to continue to apply two mutually inconsistent tests. There is therefore a good case for Parliament to intervene to provide guidance as to how to interpret the current law (or to make necessary legislative amendments) to clarify whether copyright protection should be extended to the expression of functional aspects of a work of artistic craftsmanship which will, in turn, determine which of the two tests advanced in Burge should apply.

Whose Trade Mark Is It Anyway? A Critical Examination of the Meaning of Trade Mark Ownership and the Role of s 58 of the Trade Marks Act – Isobel Taylor

Section 58 of the Australian Trade Marks Act 1995 (Cth) provides a ground of opposition to the registration of a trade mark, or cancellation of a registered mark, on the basis that the applicant is not the “owner” of the mark. A critical examination of this seemingly unremarkable ground, which derives its meaning from 19th-century common law conceptions of trade mark proprietorship, illustrates a range of problems with both its legal foundation and its potential practical impact. This article examines the background and history of s 58 and its recent application in the case law by way of illustration of its suboptimal application. It then poses a number of potential solutions to the issues identified, from the revolutionary – the removal of the section entirely – to the evolutionary – narrowing its operation through judicial interpretation or more minor legislative amendments.

Topics of Interest: Copyright and Condemnation – David J Brennan

In a recent decision, the Full Court of the Federal Court of Australia declared a constructive trust over a trespassing filmmaker’s copyright to effect specific restitution of that copyright to the landowner victim of the trespass. This provided a basis to grant permanent injunctive relief to suppress the film. Given that the filmmaker was an animal liberationist organisation, and the landowner was an abattoir, the trust raises complex issues of civics. After considering the character and consequences of the declared trust, this piece argues that the issues of civics the trust implicates can only be properly addressed if its imposition is governed by judicial discretion.

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The latest issue of the Journal of Judicial Administration (Volume 34 Part 4) contains the following material:

Articles

Know Your Pseudolaw Adherent: Introduction to the Symposium – Harry Hobbs, Stephen Young and Joe McIntyre

This symposium presents first-hand reflections from nine Australian and New Zealand judicial officers confronting the rise of pseudolaw. These self-represented litigants challenge court authority using sovereign citizen rhetoric, legal fictions, and disruptive tactics. In the introduction to this symposium, Hobbs, Young and McIntyre propose a typology of adherent types – naïve litigants, mercenaries, true believers, and gurus – illustrated through real case examples. They argue that the nine reflections demonstrate that judicial responses should be tailored to the adherent type, balancing fairness with control. In an era of misinformation and eroding public trust, the symposium underscores the need for accessible, reasoned, and clearly communicated judgments.

Sovereign Citizens in New Zealand: Irritant or Symptom? – Hon Justice Matthew SR Palmer

Drawing on case law and personal reflections, Justice Palmer of the Court of Appeal of New Zealand identifies patterns in litigant behaviour, including distorted legal reasoning and conspiratorial beliefs, and links these to broader social confusion and distrust. While courts often dismiss these arguments swiftly, Justice Palmer argues for a dual strategy: uphold legal reasoning and enhance public trust through clear, plain-language judgments. In a world of misinformation, judicial legitimacy depends not only on legal correctness but on accessibility and effective communication.

Reflections from a Female Magistrate – Anonymous

In this reflection, an anonymous female Magistrate reflects on the growing challenge of managing pseudolaw litigants – individuals who reject legal authority and disrupt proceedings with conspiracy-driven beliefs. As the author demonstrates, these cases are often exacerbated by gendered hostility toward female judicial officers. The author identifies two groups of pseudolaw adherents – misguided individuals and belligerent disruptors – and offers practical strategies, including limiting audience influence, empowering registry staff, and allocating more time for hearings. Without increased resources and systemic change, the Magistrates’ Court will continue to face mounting delays, intimidation, and procedural strain from this expanding and confrontational movement.

Reflections on Pseudolaw and the Local Court – David Heilpern

Drawing on 22 years as a NSW Magistrate, Professor Heilpern’s reflection highlights the immense pressures placed on the Local Court by the disruptive burden of pseudolaw adherents. These self-represented litigants deploy incoherent, debunked arguments, causing delays, overwhelming resources, and undermining court authority. Their tactics – voluminous filings, jurisdictional challenges, and scripted rhetoric – exacerbate already strained systems. This movement persists, testing judicial patience and threatening the integrity of an overstretched legal system, but there are rare successes, such as Robert Sudy’s transformation into a vocal anti-pseudolaw advocate.

Encounters with Pseudolaw – Glen Cash

In this article, Judge Cash of the District Court of Queensland reflects on managing pseudolaw in the courtroom, drawing on first-hand encounters with self-represented litigants advancing sovereign citizen-style arguments. Beginning with early challenges in R v Sweet and later in NNRM v Commissioner of Police (Qld), Judge Cash traces a learning curve from initial frustration to strategic patience and procedural control. Pseudolaw adherents rely on irrelevant or misunderstood sources and waste court time, but can be managed through calm engagement, limits on submissions, and familiarity with pseudolegal rhetoric.

Sovereign Citizen Protestors in Court: A Perspective from the Australian Capital Territory – Gregor Urbas

In this reflection, Special Magistrate Urbas examines the courtroom strategies and legal outcomes of self-identified “sovereign citizens” in the Australian Capital Territory. Drawing on recent cases, including Freedom Embassy protestors charged with unauthorised camping and resisting arrest, Urbas SM argues that Australia’s existing criminal law and procedure can adequately address such unconventional litigants. Despite their reliance on “pseudolaw” and self-representation, fair judicial outcomes are possible.

Two Judicial Strategies for Responding to Pseudolaw in the Courtroom – Grant T Riethmuller AM

In this reflection, the Hon Justice Riethmuller of the Federal Circuit and Family Court of Australia explores how courts can effectively respond to pseudolegal arguments, particularly those arising from sovereign citizen ideologies. Such litigants reject judicial authority through performative, incoherent submissions, aiming to provoke rather than persuade. Justice Riethmuller offers two practical tips: first, avoid engaging in demands to prove jurisdiction, which destabilises proceedings; second, translate pseudolegal submissions into standard legal issues without validating its framework. Drawing from recent cases, Justice Riethmuller illustrates how “reframing” enables courts to maintain procedural fairness and legal integrity.

The Rise of Self-represented Litigants and Pseudolaw in South Australia – The Hon Justice Mark Livesey

In this reflection, the Hon Justice Livesey notes that the Court of Appeal is increasingly burdened by self-represented litigants, many of whom present pseudolegal arguments influenced by “sovereign citizen” ideologies. These cases generally lack merit, overwhelm court resources, and complicate judicial proceedings. To manage this class of litigant, President Livesey discusses several strategies implemented by the Court of Appeal, including early identification, administrative rejection of non-compliant filings, summary dismissal powers, and guidance documents for unrepresented parties.

Reflections on Pseudolaw – Associate Justice Michael Daly

Drawing on practical experience from the Magistrates Court, Associate Justice Daly of the Supreme Court of Tasmania emphasises the importance of procedural fairness, calm communication, and adaptability. Key tactics include identifying the litigant, setting respectful boundaries, and avoiding engagement with pseudolegal rhetoric while ensuring a fair hearing. Examples show how de-escalation and pragmatic flexibility can keep proceedings on track. Ultimately, maintaining judicial control, fairness, and clear procedural direction are essential to resolving such cases efficiently, without validating incoherent arguments or compromising the authority and integrity of the court.

The Increasing Intersection of Pseudolaw and Generative AI – Chris Bleby

In this reflection, the Hon Justice Bleby examines the emerging intersection between pseudolaw and generative AI in appellate litigation. Through recent cases, Bleby JA highlights how self-represented litigants increasingly invoke AI as authoritative, submit hallucinated case law, or use AI tools as surrogate legal counsel. While not all AI use signals pseudolegal reasoning, these patterns reveal concerning trends in misinformation, procedural misuse, and the erosion of substantive legal argument. His Honour underscores the need for courts to remain vigilant, balancing fairness with firm boundaries against technologically amplified pseudolaw.

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