Key changes to the High Court Rules

From 1 January 2026, significant amendments to the High Court Rules came into force, changing how civil and commercial disputes are progressed through the High Court. These reforms are aimed at reducing delay and cost, improving access to justice, and encouraging earlier resolution of disputes where possible.

A central feature of the amendments is a renewed emphasis on proportionality. Courts are now required to manage proceedings in a way that is proportionate to the nature and complexity of the dispute, the issues in contention, and the resources of the parties. This means that unnecessary procedural steps should be avoided, while still ensuring fair outcomes.

The amendments also introduce earlier exchange of documents and evidence, greater judicial involvement at the front end of proceedings, and new Judicial Issues Conferences to actively manage cases. Together, these changes are designed to help parties understand their case earlier, narrow the issues in dispute, and reach resolution sooner where appropriate.

While not every case will settle, those that do proceed to trial should be more focused and efficient, with clearer issues and reduced procedural complexity.

Disclosure and Evidence

The High Court Rules amendments introduce major changes to how documents and evidence are exchanged in civil proceedings. One of the most notable reforms is the replacement of traditional “discovery” with a new disclosure regime.

Historically, discovery could be time-consuming and expensive, often involving the exchange of large volumes of documents. Under the new rules, parties must now provide enhanced “initial disclosure” when they file their first pleadings documents. This initial disclosure must include all documents relied on, or currently intended to be relied on, as well as any known adverse documents.

Initial disclosure is intended to be targeted and proportionate. Parties are not required to undertake extensive searches of emails or archives at this stage. Further disclosure may be ordered later, once the issues in dispute have been narrowed, ensuring that more extensive document exchange occurs only where it is justified. These changes will result in more front-loading of disclosure at the outset of proceedings.

The amendments also reshape how evidence is presented. Factual evidence is now to be provided by concise witness statements focused on first-hand accounts of relevant events. Documents are generally included in a chronology and presumed admissible unless challenged. These changes are intended to reduce duplication, shorten evidence, and lower overall costs.

Judicial Issues Conferences: A New Approach to Case Management

The introduction of Judicial Issues Conferences (JICs) is one of the most significant procedural changes under the amended High Court Rules. JICs replace traditional case management conferences and are designed to give judges a more active role in guiding proceedings from an early stage.

JICs are formal, in-person events attended by the parties and their lawyers. During a JIC, the judge may assist in identifying and narrowing the issues in dispute, make directions about disclosure and evidence, and encourage alternative dispute resolution (such as mediation) where appropriate.

The purpose of JICs is to prevent proceedings from becoming unnecessarily complex or delayed and to keep parties focused on resolving the core issues. Interlocutory matters that might previously have required separate applications are now expected to be addressed within this process where possible.

For clients, JICs mean earlier judicial oversight, clearer expectations about how a case will progress, and a stronger focus on efficient and proportionate resolution.

What to Expect at Trial Under the Amended Rules

Although most civil proceedings resolve before trial, the amended High Court Rules also change how trials are prepared for and conducted when they are required.

By the time a case reaches trial, disclosure and evidence should already be tightly confined. Factual witness statements are expected to be shorter and more focused, while expert evidence will usually be limited to one expert per party per issue unless there is good reason for more.

Judges are now expressly guided by the principle of proportionality when managing trials. This includes decisions about the scope of evidence, admissibility challenges, trial length, and costs. Courts are encouraged to discourage unnecessary procedural disputes and focus on the real issues that require determination.

For parties who proceed to trial, the changes are intended to deliver a more streamlined process that remains fair but avoids unnecessary cost and delay.

If you would like to know more, get in touch with our Civil Litigation Team at enquiries@toddwalker.com or +64 (03) 441 2743.