Changes to the Supreme Court Commercial List in 2023

From 1 January 2023 there will be major changes to the Commercial List in the Supreme Court:

  • All matters, which are currently on the Supervised List and which come within the definition of a commercial matter, will be transferred to the Commercial List.
  • Justice Applegarth will be the Principal Commercial List Judge. In consultation with the Senior Judge Administrator, he will assign matters to be managed by a particular judge who will then go on to hear that matter.
  • The number of judges on that List will increase to seven: Justices Applegarth, Brown, Bradley, Freeburn, Kelly, Cooper and Hindman. All commercial matters of whatever hearing length will be dealt with by those judges.
  • A fast-track list will be introduced for urgent matters in which a hearing will conclude within five days. Those matters will be expedited through appropriate directions and the parties can expect a prompt decision, usually within 28 days.

All judges referred to above will continue to sit in all other jurisdictions of the Court.

A discussion draft of the Practice Direction will be available in November. In December information sessions will be held by the Court for those practitioners affected by or interested in these matters.

The Practice Direction will be reviewed at the end of 2023.