Chief High Court judge releases Commercial List practice note

Auckland Commercial List aims to improve efficiency, hasten hearing times

Chief High Court judge releases Commercial List practice note
Auckland High Court

The recently published Commercial List Practice Note 2025, effective 6 October, seeks to provide the Auckland High Court’s case management practices intending to attain the overriding goal of the High Court Rules 2016 (HCR) in resolving commercial proceedings. 

According to the practice note provided by Chief High Court Judge Sally Fitzgerald, the Commercial List aims to: 

  • Improve efficiencies 
  • Hasten hearing times 
  • Allow parties, counsel, and Commercial List judges to work together, agree on matters if possible, and expeditiously address disputed interlocutory and substantive issues 

The practice note said two dedicated and commercially experienced Commercial List judges – as well as other judges the court could occasionally assign to help – would manage the Commercial List cases and hear and determine applications, requests for directions, and substantive hearings or trials. 

The practice note stated that the weekly Commercial Lists would close at 12 noon each Thursday. The court would administer the Commercial List in chambers on Friday every week. 

“The Commercial List is designed to improve efficiency with close case management, reduced interlocutory time and quicker hearing dates,” said the Law Association of New Zealand in a news release. “It has been designed in consultation with a profession working group, to ensure that the processes and procedures for the List will be practical and effective.” 

Conditions

The practice note provided the conditions for: 

  • the court to presume that a civil proceeding was suitable for placement on the Commercial List 
  • a commencing party to request the civil proceeding’s placement on the Commercial List at the time of filing 
  • the court to add a civil proceeding to the Commercial list subsequently 
  • the defendant to oppose the entry of a civil proceeding into the Commercial List 
  • the court to remove a civil proceeding from the commercial list 
  • Commercial List judges in chambers to make consent orders on days other than Fridays 
  • parties seeking without-notice or urgent orders, or urgent directions 

The practice note also identified the court’s expectations of counsel and parties appearing in the Commercial List. 

The practice note said parties had the general liberty to apply for and could cause the listing of proceedings in a directions list before a scheduled future directions listing. 

The practice note added that parties not appearing in person at any directions listing should have the representation of counsel with a familiarity with the proceedings’ subject matter and enough instructions to enable the making of any appropriate orders and directions.