The Auckland High Court is developing a new dedicated Commercial List (List) which is expected to come into operation in October 2025. It is designed to streamline the resolution of commercial disputes and will provide material changes to the case management of and approach to commercial disputes in Auckland.

We see this as a welcome development for anyone involved in commercial litigation, including litigants, in-house counsel, and lawyers.

Key features

The key features of the proposed List include: 

• Dedicated Commercial Judges: Cases on the List will be managed and heard by Judges drawn from the Commercial Panel. These Judges will oversee both interlocutory matters and substantive hearings, ensuring consistency and commercial expertise throughout the life of the case. Justices Fitzgerald and Gault will be the inaugural Commercial List Judges.
• Expedited case management: The List adopts a fast-track approach inspired by the New South Wales Supreme Court’s Commercial List. It emphasises early identification of key issues, active judicial management, and minimisation of procedural delays.
• Weekly List: There will be a callover for interlocutory applications each Friday at 9:15 am, with a directions list immediately afterwards at 10:00 am. Where interlocutory applications are ready to be heard, they will be allocated a (generally) one-hour hearing later that day or the following Friday, if time is not available. Decisions (and brief reasons if required) will be issued promptly. This regular scheduling is designed to support prompt resolution of procedural matters and is expected to considerably reduce the time spent in interlocutory phases, leading to earlier substantive hearing dates.
• Discovery: Counsel are expected to agree categories of documents for discovery before and after fact evidence, and applications in respect of disputed categories or seeking further discovery prior to fact evidence will be discouraged.
• Focus on substantive resolution: The Court will be encouraging parties to avoid unnecessary interlocutory steps and instead focus on progressing matters to trial. Mediation and other forms of alternative dispute resolution will be encouraged, while interlocutory applications for summary judgment and strike out will be firmly discouraged. 

Criteria for entry onto the Commercial List

Based on the current draft of the Commercial List Practice Note, the following types of proceeding will qualify for entry onto the List:  

• a commercial dispute between parties engaged in trade or commerce where the value of the claim is not less than $1 million
• appeals from or applications for judicial review of a regulatory decision affecting domestic or international commerce
• proceedings brought by public authorities enforcing regulatory standards of commercial behaviour
• proceedings involving the amalgamation of companies, mergers, takeovers, or corporate insolvency where there is significant public interest and/or complexity
• claims or disputes in relation to intellectual property rights
• other proceedings of a commercial character that are of sufficient private or public importance.

A party can request placement on the List by filing a memorandum outlining the reasons supporting its suitability at the time of initiating proceedings or later, if the proceedings are already on foot. 

The Court can also assign a case to the List. This includes moving any existing proceeding onto the List when it begins operating. 

The existing Commercial Panel will continue to operate for cases outside of Auckland, those already assigned to a Commercial Panel Judge, and for “extremely large cases which would otherwise risk ‘swamping’ the Commercial List’s schedule” as well as any other case that requires bespoke case management.

What this means for High Court commercial litigants

The addition of the List is expected to fast track appropriate cases and avoid the delays that can affect High Court litigation. The early focus on key issues while also reducing the scope for unnecessary interlocutory actions may weed out unmeritorious claims, providing for faster resolution of genuine disputes. 

Following a draft Practice Note being issued on 13 June 2025, professional education roadshows about the List will be held in July before the process is implemented in October 2025.

Get in touch 

If you would like to discuss the potential impact of the List and what it might mean for any existing or future commercial litigation, please contact one of our experts. 

Special thanks to Sam Comber and Greer Collinson for their assistance in preparing this article.