Summary - 2026 Michael Whincop Memorial Lecture

Artificial intelligence is not simply changing the evidence we receive; it is changing the way we must think about evidence. In this lecture, Fleur Kingham will explore that proposition through the lens of deepfake images. The history of evidence law and trial procedure tells a story about how we have evolved our thinking, over time, about how best to establish the truth. But are those laws fit for purpose in the age of AI, when we can easily and convincingly manipulate images using our personal electronic devices? How can we believe what we see? Should we be concerned about growing scepticism about imagery? How are courts responding to these questions? What more can evidence law do to maintain confidence that the justice system can deliver fair outcomes on genuine evidence?

Fleur Kingham is the Chair of the Qld Law Reform Commission, a position she assumed in March 2023.

The Chair had a long and diverse judicial career, including appointments to a range of tribunals and courts, as well as judicial leadership roles. She was the Deputy President of the Qld Land and Resources Tribunal, the first Deputy President of the Queensland Civil and Administrative Tribunal (QCAT), and a Judge of the District Court, Children's Court, and Planning and Environment Court of Queensland. Ms Kingham retired from the bench after serving as President of the Land Court of Queensland from 2016 to 2024.

Ms Kingham holds an LLB (Hons) and a BA from the University of Queensland, as well as a Master of International Law (Dist) from the University of Nottingham. She has been awarded Honorary Doctorates by Griffith University in 2016 and the University of Queensland in 2025. She has been recognised for her contributions by the Qld Law Society, Queensland Women Lawyers, and Australian Women Lawyers. She was named the Eminent Environmental Lawyer of the Year by the Law Council of Australia in 2024.

During her tenure as chair, the QLRC has developed a more inclusive and consultative approach to its reviews and a more strategic approach to its publications. The QLRC has recently undertaken reviews of mining and environmental approval processes, a range of criminal defences including self-defence, killing for preservation in an abusive relationship and provocation, the mandatory sentencing regime for murder, and the offence of non-fatal strangulation. It is currently reviewing evidence law in Queensland and will release an exposure draft of an Evidence Bill for consultation in 2027.

Ms Kingham has had a long-standing relationship with the law school at Griffith University, having served on its advisory board for many years. She had the pleasure of working briefly with Michael Whincop during his clerkship at a large commercial legal practice before he commenced his distinguished academic career. She remembers Michael as a man of startling intelligence, deeply interested in the rationale for as well as the operation of the law.

To honour his spirit of enquiry, the Chair has chosen a topic that arises from the QLRC’s evidence law review. When seeing is no longer believing: how AI compromises evidence law and how we might respond.