The County Court’s Commercial Law Division has introduced significant procedural reforms through Practice Note PNCO 1-2025, published on 4 August and in force from 1 September 2025. These changes reshape how commercial matters are prepared, managed and resolved, with a clear focus on efficiency, proportionality and early dispute resolution.
Below is a short overview of the updates most relevant to our commercial, building and litigation matters.
1. Section G.10 – Discovery replaced with proactive disclosure
The Court emphasises that traditional discovery is costly and inefficient. Parties are now expected to comply with the s 26 Civil Procedure Act disclosure obligation rather than seeking general discovery.
Parties must:
- promptly disclose all documents critical to resolving the dispute;
- list documents chronologically;
- provide electronic, text-searchable PDFs (and native files if requested);
- resolve disclosure issues cooperatively before approaching the Court.
General discovery will only be ordered in limited cases.
2. Section I.1 – Mandatory conferral before interlocutory applications
Parties must now exchange short letters identifying:
- the orders sought;
- any opposition; and
- the basis for the application.
Parties must then confer to narrow or resolve the issues before filing. Failure to comply may attract adverse costs consequences, and the Court may use these letters in place of written submissions. Transcript for interlocutory hearings is not ordinarily required unless arranged in advance.
3. Section P – New pre-trial case management conferences
Pre-trial case management has shifted away from Judicial Registrars. Most matters will now have a pre-trial case management conference conducted by the Commercial Division lawyer, usually 2–4 weeks before trial and often online. Parties must jointly complete a pre-trial information form confirming readiness, compliance with orders, witness preparation, and costs estimates, and any unresolved disputes will be referred to the trial judge.
4. Section H.4 – Early Neutral Evaluation (ENE) revised
The Practice Note formalises ENE as a dispute-resolution tool. ENE involves:
- brief written submissions;
- a short hearing where an evaluator (judge, judicial registrar, or practitioner) tests each party’s position; and
- a high-level, non-binding oral assessment of the merits and likely trial outcome.
The evaluator then facilitates a settlement discussion. The process is confidential, informal and designed to promote early, realistic resolution.
5. Section V.3 – Building Cases List: new expert evidence approach
The previous presumption of a single joint expert has been removed. Parties may now obtain separate experts, with a joint expert only used where appropriate and proportionate. Given the technical complexity of building disputes, this change allows for multiple expert disciplines and competing opinions where necessary. Building cases will continue to be proactively managed with early identification of issues, targeted disclosure, and early engagement in mediation, ENE, or expert conclaves.
Read the Full Memo
For a detailed breakdown of all sections of PNCO 1-2025, including mediation requirements, arbitration pathways, and the Banking & Finance List reforms:
Read the full memorandum here.
