The modern day "Commercial List" has its origin in the the early 20th Century when the Commercial Causes Act 1903 (NSW) set up a facility for the prompt hearing of commercial disputes. A "commercial causes list" was established.

The original intention was to place cases in the list  where "the Court is satisfied that the judge's having a perculiar knowledge of commercial matters and habitual practice in dealing with commercial documents and  correspondence between commercial men will greatly facilitate the trial of that particular case" (Baerlein v. Charterned Mercantile Bank [1895] 2 Ch 488, 491). Entry in the list was discretionary but the discretions were ill defined.

Over the years, it became accepted that matters which might be dealt with were cases "arising out of the construction of the ordinary transactions of merchants and traders, , or relating to the construction of mercantile documents, export or import of merchandies, affreightment, insurance, banking, mercantile agency or mercantile usages..."

Delay of any of the parties in bringing or pursuing the case became a key determinant in exercising the discretion as to whether the matter might be placed in the List, or, once placed there, allowed to remain.

It was said that the List should "provide a forum for the litigation and resolution of disputes between the merchants and traders who desired and were preparet to undertake, an early opportunity of having their disputes decided... The rules of court are structured to enable the judge in charge of the list to exercise his wide powers, to ensure that the matter comes on with the greatest possible despatch, shorn of unnecessary side issues not truly in issue, but with all matters that are in issue clearly defined, and as much of the evidence as is uncontested appropriately collated and readily tenderable.... the somewhat special service provided by the Court was intended to be available only to those who in turn complied with the requirements, in so far as they were called on to act" (TSF Engineering Pt. Limited v. Hill [ 1980] 2 NSWLR 105.

Today, Commercial List matters are dealt with in the Supreme Court Equity Division and are conducted with rigorous Court supervision set out in the "Commerical List and Technology and Construction List" practice note. .

The District Court of NSW also maintains a Commercial List for smaller commercial disputes.

For further information about your commercial litigation needs contact Smith Reid Attorneys on (02) 9517 1988