Senior Courts (High Court Commercial Panel) Order 2017

  • Clause 5(2) corrected on 9 August 2021 under section 25(1)(j)(i) of the Legislation Act 2012.
5 Types of commercial proceeding to which panel Judge assignable

(1)

The Chief High Court Judge may assign a panel Judge to deal with the following types of commercial proceedings:

(a)

a commercial dispute between parties engaged in trade or commerce where the value of the claim, counterclaim, or transaction in dispute or at issue is not less than $2 million:

(b)

applications under the Arbitration Act 1996 where the sum at issue is not less than $2 million:

(c)

appeals from or applications for judicial review of regulatory decisions affecting domestic or international commerce:

(d)

proceedings brought by public authorities to enforce regulatory standards of commercial behaviour:

(e)

proceedings involving the amalgamation of companies, mergers, takeovers, or corporate insolvency where the public interest or complexity warrants determination by a panel Judge:

(f)

claims or disputes arising out of or relating to intellectual property rights:

(g)

other proceedings of a commercial character that are of sufficient private or public importance to justify consideration by a panel Judge.

(2)

A proceeding that is one of the types of proceedings described in subclause (1) but that does not exhibit a significant commercial element or in which there is no real dispute does not qualify for the assignment of a panel Judge.

Michael Webster,
Clerk of the Executive Council.