In the recent update of Planning and Development Service NSW, author Jeff Kildea had added new commentary on the court's use of generative artificial intelligence (AI) in the content of an expert report and an affidavit.

This follows amendments that have been made to the Uniform Civil Procedure Rules 2005 (NSW) (the Rules) to regulate the use of generative AI in:

• affidavits, witness statements or other evidentiary material
• written submissions and summaries of argument
• expert reports.

Jeff refers specifically to the creation of the new Rule 35.3B: Use of generative artificial intelligence in affidavits, that forbids affidavits being generated with the use of generative AI and to the new sub-rule (5) in Rule 37 Experts' reports that applies the same rule to the generation of an expert's report, without leave of the court.

The changes made to the Rules on 3 February 2025 reflect those in the SUPREME COURT PRACTICE NOTE SC GEN 23 Use of Generative Artificial Intelligence (Gen AI), that was issued on 28 January 2025.

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Jeff Kildea

Jeff Kildea formerly of 5 Wentworth Chambers was admitted to practice as barrister in 1979 and for many years practiced in the Land and Environment Court, acting for both developers and consent authorities. He also represented the NSW Bar Association on the Land and Environment Court Users' Group. After retiring from the bar in 2013, he was an Acting Commissioner of the Land and Environment Court from 2013 to 2018.

Jeff graduated in Arts/Law from Sydney University in 1974 and received a Master of Laws in 1979 and a Ph D in history from the University of New South Wales in 2001. He has written books on Irish-Australian history and numerous articles on legal and historical topics.

The Planning and Development Service sets out the core legislation relating to the regulation of planning and development activities in New South Wales. The service covers commentary on interpreting the Environmental Planning and Assessment Act, related legislation, and cases and developments in NSW planning law and practice. The service includes planning statutes with detailed annotations of significant sections, relevant reported and unreported judgments and selected State Environmental Planning Policies and Regional Plans for reference.

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