Our German Desk
On 13 June 2025, Justice Fitzgerald announced the introduction of a new Auckland High Court Commercial List (Commercial List) which is expected to come into operation in October 2025. Justice Fitzgerald noted two purposes for the Commercial List:
- Firstly, to reduce the time spent by counsel in interlocutory phases; and
- Secondly, to lead to earlier substantive hearing dates.
The overriding approach of the Commercial List is an expectation that parties will actively engage and co-operate to progress a proceeding to trial. The Court will facilitate this goal by offering close case management, prompt determination of interlocutory disputes, and earlier trial fixtures.
The Commercial List is based on the successful and longstanding New South Wales Supreme Court Commercial List (NSW Commercial List). However, the Commercial List will be adapted to local conditions. A Practice Note is available here.
How will the Commercial List work?
Two dedicated Commercial List Judges will oversee the Commercial List plus such other Commercial List Judges as may be assigned from time to time. To qualify for the Commercial List, the value of the claim must be no less than $1 million and a party may request to be put in the list.
Procedurally, the Commercial List will largely reflect the NSW Commercial List. For instance, the Commercial List will be administered in Court on the Friday of each week with a call over of interlocutory applications held at 9:15 am each week, followed by the directions list at 10 am.
The Court’s expectation of counsel appearing in the Commercial List include:
- Active engagement and discussion to seek to agree timetabling and similar matters.
- Requests for Court intervention in relation to timetabling only being necessary in the rare instances where, for good reason, reaching agreement has proved to be impossible.
- That counsel will discuss and seek to agree on any categories of documents for discovery before or after fact evidence. Applications concerning disputed categories of documents for discovery are expected to be rare.
- Submissions will be focused and concise, and time allocations will be respected, including at the substantive hearing or trial.
- Parties will have considered referring their disputes to mediation prior to or after entry onto the Commercial List.
What does this mean for litigation?
In our view this development reflects the intention of the High Court to bring matters to trial more efficiently. Cases can languish in the Court where parties bring multiple interlocutory applications for discovery, seek particulars of the claim or to challenge the admissibility of evidence. The onus is very much on the parties to put all their cards on the table in respect of interlocutory steps at the beginning and to genuinely attempt mediation.
If you have any questions about the High Court developing a new Auckland Commercial List, please get in touch with our Disputes Team, or your usual contact at Hesketh Henry.
Disclaimer: The information contained in this article is current at the date of publishing and is of a general nature. It should be used as a guide only and not as a substitute for obtaining legal advice. Specific legal advice should be sought where required.
