AGY-1057 | Commercial Division [Supreme Court of New South Wales]

Full description

In 1987 the Commercial Division was established as a separate Division of the Supreme Court of New South Wales to provide specialist expertise for the resolution of major commercial disputes and disputes of general commercial significance. Since 1988 the Judges of the Division have conducted the Construction List in the Common Law Division, and from the beginning of 1995 the Division has also dealt with the work of the Admiralty Division.

The Division's aim is to resolve cases as promptly and in as cost-effective a manner as possible. A substantial reason for achieving this is the continuance of a strict case management regime whereby the matters truly in issue are identified as early as possible, thereby enabling hearings to be brought on quickly. When a case commences it continues to finality without interruption thus eliminating all of the disadvantages, including expense, of part heard cases are thereby avoided.

The Division has been able to maintain the flexibility necessary to accommodate urgent applications. They can be brought on speedily by communicating, in the first instance, with the Commercial List Clerk.

Four Judges, each of whom undertakes substantive hearings, perform the work of the Division. For most of 1995 one Judge has taken directions hearings for cases in the Commercial Division, one Judge has administered the Construction List and taken directions hearings in relation to it, and one Judge, who normally takes the substantive hearings, has administered the Admiralty Division.

Directions hearings are the principal means of case management.

Interlocutory applications and most applications for the adoption of Referees' reports are also heard. Directions can be given for written submissions, which are considered by the Judge to whom the motion is allocated prior to the hearing day, thus necessitating only short oral submissions and, in many cases, allowing an ex tempore judgment to be given.

REFERENCES

Supreme Court Rules