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One of the major questions facing our society today is whether artificial intelligence can — or should — take on roles traditionally performed by humans.
Recently, I had a deeply disappointing experience in the Planning & Environment Court. It left me wondering a simple but confronting question:
Would I have received a more appropriate outcome if the decision had been made by an AI instead of a human judge?
That question led me to investigate whether, even at this early stage of its development, AI has the capacity to reason responsibly, apply law consistently, and avoid the human errors that affected my case.
This website provides all the material —
— so that you can conduct your own case study.
So: UBJudge. Would our society be better served if AI, rather than humans, decided certain matters in our courts?
In February 2024 I became involved with a property development in Tuan, a small fishing village located in the Great Sandy Strait in south east Queensland. The development application had been lodged in December 2021, and as the process had stalled, the property owners sought my assistance in moving it forward.
Prior to my retirement in 2009, I had operated a consultancy business for 15 years, providing services to clients dealing with local governments on a wide range of development related matters. That work was built on a career that began in 1966, during which I held various roles in local government involving environmental management, property development, and later land use planning.
Across those decades, I observed that development assessment processes were often inconsistent, and applicants could be disadvantaged when administrative decisions were applied rigidly or without clear reference to policy or statutory requirements. My consultancy work aimed to help clients navigate these situations and find practical, lawful solutions.
By January 2025 the Tuan development approval was issued. However, as is common, the approval contained a long list of conditions, many of which my clients considered irrelevant or inappropriate. Attempts to negotiate amendments with Council were unsuccessful, and the matter proceeded to an appeal in the Planning and Environment Court.
Two mediation sessions followed — the first involving both SARA and the Fraser Coast Regional Council, and the second involving SARA alone. Subsequent negotiations resulted in a consent order.
At the time the development approval was issued, Council also issued an Infrastructure Charges Notice requiring a contribution of $52,000 toward future trunk infrastructure. My review of the legislative framework and the Charges Resolution revealed several anomalies in both interpretation and drafting. Representations were made to Council, but no remedy was offered, and an appeal was lodged with the Queensland Development Tribunal in April 2025.
The Tribunal decided the appeal in November 2025, supporting Council’s position and dismissing the issues I had raised. As a result, an appeal was lodged in the Planning and Environment Court, seeking review of the legal basis for the Tribunal’s decision.
The law clearly provides that an appeal of this nature is restricted solely to questions of law underpinning the decision making process. Matters of fact or process are not relevant unless they reveal an error in the application of the law.[Ref]
On 21 February 2025, Fraser Coast Regional Council (Council) issued Infrastructure Charges Notice No. 5138178 (ICN) in relation to Development Approval RAL21/0138 for the reconfiguration of Lot 51 MCH567, Wilkinson Road, Tuan QLD.
On 9 April 2025, a formal representation was made to Council identifying several issues that appeared to have been overlooked in the decision to issue the ICN.
On 17 June 2025, Council responded, rejecting all issues raised and confirming its original decision of 21 February 2025.
On 14 July 2025, the recipient of the ICN lodged an appeal with the Queensland Development Tribunal (Tribunal), supported by three written submissions.
On 19 August 2025, the Tribunal conducted an online hearing.
On 6 November 2025, the Tribunal delivered its decision, upholding the lawfulness of the ICN issued on 21 February 2025.
On 1 December 2025, the recipient of the ICN filed an appeal in the Queensland Planning and Environment Court (P&E Court), proceeding No. 129/25.
On 26 March 2026, the P&E Court conducted a hearing at Maroochydore, after which the judge reserved the decision.
On 5 May 2026, judgment was delivered, again upholding the lawfulness of the ICN and awarding costs against the appellant.
For readers who wish to review the complete set of documents and submissions associated with this case, the full material is available at: Tuanqld.com/dt/dt.html
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Contact Me |
![]() Warren Bolton*Mobile 04 293949 04*Becuase of the high volume of unsolicited call to this number, a filter is in place. If you have not been added to my contacts list you will be directed to my message bank. Please leave your message and I will return your call. - Email. is the more preferred method of contact |
Acronyms |
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Chronology |
| 1. Development Application RAL:21-0138 (DA21) was made | 6/12/2021 |
| 2. Confirmation Notice – Assessment Manager (FCRC) | 13/12/2021 |
| 3. Confirmation Notice – Referral Agency (SARA) | 20/12/2021 |
| 4. SARA Information Request (IR) | 7/01/2022 |
| 5. FCRC Information Request (IR) | 14/01/2022 |
| 6. Lodge Response to IR to FCRC & SARA | 20/06/2024 |
| 7. SARA Issued Further Advice Notice (FAN) | 9/07/2024 |
| 8. Lodged Application to FCRC to amend DA21 - Copy to SARA | 3/09/2024 |
| 9. SARA provided Referral Agency Response To FCRC | 17/10/2024 |
| 10. Applicant makes Representation No1 to SARA | 22/10/2024 |
| 11. SARA Response to Representation No1 | 30/10/2024 |
| 12. Applicant Responds No 2 to SARA | 31/10/2024 |
| 13. SARA Responds No2 with Draft Conditions | 13/11/2024 |
| 14. Applicant Responds No 3 to SARA Draft | 15/11/2024 |
| 15. SARA provides Final Advice to FCRC | 21/11/2024 |
| 16. FCRC Decision Notice | 21/02/2025 |