Commercial List – QLD

Supreme Court Practice Direction 1 of 2023 introduces new procedures for the Court’s Commercial List from 30 January 2023.

The Court has also issued supporting Notes that provide guidance about some practical aspects of the Commercial List, including parties, practitioners, directions, expert evidence, electronic filing and document management.

The key point of the new arrangements is that cases will be managed by a specific judge from start to finish. This includes interlocutory applications. Where the allocated judge is not available another Commercial List judge will step in.

The Practice Direction applies to existing and future commercial matters commenced in, or transferred to, the Brisbane registry. Commercial matter filed in another region will be subject to case management as appropriate in that region.

Matters can be put on the list by a party, or assigned by the court. The criteria is that the real issues involved in the matter are of a general commercial character, or arise out of trade and commerce, including e-commerce. The Practice Direction provides a non-exhaustive list of such issues:

• the construction of a business contract, smart contract or other commercial
  instrument;
•  insurance and reinsurance;
• banking and financial services, including dealings in cryptocurrency;
• the provision and enforcement of securities of any kind;
• the conduct of business and commercial agents;
• rights in, to, or concerning technology, including blockchain technology;
• intellectual property;
• partnership and joint venture relationships;
• the export or import of goods or services;
• the provision of goods or services by land, sea, air, cable, pipeline or through use
  of the internet for commercial purposes;
• arbitral proceedings under the Commercial Arbitration Act 2013 (Qld);
• the exploitation of natural resources;
• conduct in and/or the operation of financial markets and exchanges;
• data ownership, storage and security;
• an appeal or judicial review relating to a tax, levy or royalty; and
• directors’ duties, shareholder rights, capital raising, takeovers, compulsory
  acquisitions, buy-outs and windings up under part 5.4A of the Corporations Act
  2001 (Cth).

The By Lawyers Supreme Court (QLD) publications have been updated accordingly.