Starting a civil case in the High Court: a plain English guide
This note explains, in plain language, how a civil case is started in the High Court of New Zealand. It is written for someone with no legal training who wants to understand what happens when a claim is filed, what documents are involved, and what the court expects of the parties in the early stages of a case.
It deals with the most common kind of High Court case, which the rules call an ordinary proceeding. An ordinary proceeding is started by filing a document called a statement of claim under Part 5 of the High Court Rules 2016. Other kinds of proceedings, such as applications for judicial review, appeals and originating applications, follow different procedures and are not covered here.
The rules governing High Court cases changed significantly on 1 January 2026, when the High Court (Improved Access to Civil Justice) Amendment Rules 2025 came into force. This note describes the rules as they now stand. Cases filed before 1 January 2026 generally continue under the old rules unless the court directs otherwise.
This note is general information only. It is not legal advice and it does not deal with the particular circumstances of any dispute. Anyone thinking about starting a High Court case, or who has been served with one, should obtain advice from a lawyer.
Some words used in this note
The law uses some ordinary words in a special way. The following are the ones that matter most.
A proceeding is a court case. This note uses the word case with the same meaning.
The plaintiff is the person or company who starts the case. The defendant is the person or company the case is brought against. There can be more than one of each.
A pleading is a formal document in which a party sets out its case. The statement of claim and the statement of defence are both pleadings.
To file a document is to deliver it to the court so that it becomes part of the court record. To serve a document is to deliver it formally to another party in the way the rules require.
The registry is the office of the court that receives documents and manages the court record. Each main centre has its own registry. The Registrar is the court officer in charge of it.
A working day is any weekday other than a public holiday, and excludes the period from 25 December to 15 January each year. Almost every time limit in the rules is counted in working days. A period of 30 working days is therefore about six weeks, and longer if it spans the summer break.
An interlocutory application is an application made during the case for a decision on a procedural or preliminary matter, as opposed to the final decision on the claim itself.
Is the High Court the right court?
New Zealand has several courts and tribunals that deal with civil disputes. The Disputes Tribunal hears smaller claims, currently up to $60,000. The District Court hears civil claims up to $350,000. The High Court hears claims above that amount, and claims of any size involving certain subject matter, for example most company, insolvency, trust and land title matters, and applications for judicial review.
Choosing the right court matters. A claim that could have been brought in a lower court may be transferred there, and the costs the plaintiff can recover may be affected. The High Court is also generally more formal and more expensive than the courts below it.
Before you start
Time limits for bringing a claim
Most civil claims must be brought within a set period. Under the Limitation Act 2010 the general period is six years from the date on which the claim arose, although the position is often more complicated than that and different periods apply to some kinds of claim. If a claim is filed too late, the defendant can rely on the delay as a complete defence. If a limitation deadline may be approaching, advice should be taken urgently.
Writing to the other side first
The rules do not require a plaintiff to write to the defendant before filing a claim, but it is usual and sensible to do so. A clear letter setting out the claim and inviting a response often resolves the matter without a case at all. If the case does go ahead, the court may take into account whether reasonable attempts were made to resolve it.
The overriding objective and the duty to co-operate
Two provisions at the very front of the rules set the tone for everything that follows. Rule 1.2 states the overriding objective of the rules:
The overriding objective of these rules is to secure the just resolution of any proceeding or interlocutory application by proportionate means, including by securing its speedy and inexpensive determination.
Rule 1.2A then imposes on the parties and their lawyers a general duty to co-operate with each other in accordance with that objective. The duty specifically includes lawyers having direct discussions with each other (or with a party who has no lawyer) to try to agree how the case will be run. In practice this means the court expects the parties to talk to each other, to keep the case in proportion to what is at stake, and to be candid about the documents and the issues. These themes run through the procedure described below.
Cost
A High Court case is a significant undertaking. There are court fees (see below), there are lawyers' fees, and there is the risk that if the claim fails the plaintiff will be ordered to pay a contribution towards the defendant's legal costs. The rules on costs are not dealt with in this note, but the risk should be understood before a case is started.
The documents that start the case
An ordinary proceeding is started by filing a statement of claim in the proper registry of the High Court (rule 5.25). A notice of proceeding must be filed with every statement of claim (rule 5.22). Once filed, both documents are served on the defendant together. Under the rules as they now stand, the plaintiff must also serve its initial disclosure at the same time (rule 8.4). There are therefore three things a plaintiff must have ready at the outset:
- the statement of claim;
- the notice of proceeding, with the memorandum that the rules require to be attached to it; and
- the initial disclosure bundle and the affidavit verifying it.
Each is described in turn.
The statement of claim
What it is
The statement of claim is the document in which the plaintiff tells the court and the defendant what the case is about. It sets out the facts the plaintiff relies on, the legal basis on which the plaintiff says it is entitled to a remedy, and the remedy sought. It is the foundation of the whole case. The evidence, the issues at trial and the final judgment are all measured against it.
What it must contain
Rule 5.26 requires that the statement of claim must show the general nature of the plaintiff's claim to the relief sought, and must give:
sufficient particulars of time, place, amounts, names of persons, nature and dates of instruments, and other circumstances to inform the court and the party or parties against whom relief is sought of the plaintiff's cause of action
A cause of action is a set of facts which, if proved, entitles the plaintiff to a remedy under the law. Common examples are breach of contract, negligence, and breach of trust. In practical terms, the statement of claim should answer four questions: who are the parties; what happened, and when; why the law gives the plaintiff a right against the defendant; and what the plaintiff wants the court to do about it.
The statement of claim must conclude by specifying the relief or remedy sought (rule 5.27). If there is more than one cause of action, the relief sought on each must be set out separately, immediately after that cause of action. If interest is claimed, the basis of the claim to interest and the rate claimed must be stated (rule 5.26(c)).
Some other requirements are worth knowing about.
- Distinct causes of action must be stated separately and clearly (rule 5.17). It is not acceptable to run several different legal claims together in an undifferentiated way.
- If the plaintiff alleges that the defendant had a particular state of mind, such as malice or fraudulent intention, the facts relied on for that allegation must be set out (rule 5.17(2)). Allegations of this kind are serious and are not to be made lightly.
- Where the plaintiff relies on a document such as a contract, it is generally enough to state its effect briefly rather than set it out in full, unless the precise words matter (rule 5.20).
- The statement of claim pleads facts, not evidence. It should say what happened, not how the plaintiff intends to prove it. The proof comes later, in the documents and the witness statements.
How it is set out
The document must be on A4 paper, typed, with a cover sheet and consecutively numbered pages (rules 5.3 to 5.8). It must be signed by the plaintiff or the plaintiff's solicitor, and it must give the plaintiff's address for service, which is a place in New Zealand at which documents in the case can be delivered to the plaintiff. A document that does not comply with the formal requirements may be received for filing only with the leave of a Judge or the Registrar (rule 5.2).
The best statements of claim are concise, chronological and free of argument. The courts have said many times that pleadings should be no longer than necessary. Under the new rules, which emphasise proportionality, that expectation has more force than ever.
A word about accuracy. The statement of claim is not sworn, but everything in it must be capable of being proved. A claim that includes allegations which cannot be supported, or which is brought for an improper purpose, may be struck out and may attract a costs penalty. A statement of claim can be amended later if new information comes to light, but amendments cost time and money, and after a certain point require the court's permission.
The notice of proceeding
The notice of proceeding is a short formal document, in a prescribed form (form G 2), that accompanies the statement of claim. Its purpose is to tell the defendant, in official terms, that a case has been brought against them and what they must do about it.
Rule 5.23 requires the notice of proceeding to:
- be signed by the plaintiff or the plaintiff's solicitor;
- state the place where the statement of defence must be filed and the time within which it must be filed;
- warn the defendant that if a statement of defence is not filed within the required time, the plaintiff may at once proceed to judgment and judgment may be given in the defendant's absence; and
- advise the defendant of the defendant's obligation under rule 8.4 to give initial disclosure.
The time for filing a statement of defence is 30 working days after the day on which the statement of claim and notice of proceeding are served on the defendant, unless the court orders otherwise (rule 5.47). Before 1 January 2026 the period was 25 working days. It was extended in part because a defendant now has to prepare initial disclosure at the same time as the defence.
The current form of notice also draws the defendant's attention to the standard directions and the judicial issues conference that will follow the pleadings (rules 7.4 and 7.5), so that a defendant receiving the notice has an outline of the whole process ahead.
A memorandum signed by the Registrar must be attached to the notice of proceeding (rule 5.23(4)). For an ordinary claim this is form G 3. It tells the defendant, among other things, that the defendant should consult a lawyer, and it sets out what the defendant needs to know about legal aid. The plaintiff prepares the memorandum for the Registrar's signature when the documents are filed.
The warning in the notice is not an empty one. If a defendant does nothing after being served, the plaintiff may apply for judgment by default, and the court may enter judgment without any hearing on the merits. A defendant who receives a notice of proceeding should act promptly and should take legal advice immediately.
Initial disclosure
The new approach to documents
Disclosure is the process by which the parties to a case give each other the documents relevant to the dispute. Under the old rules, a limited initial disclosure at the start of the case was followed, months later, by a much broader and often very expensive process called discovery. The new rules reverse the emphasis. There is now a substantially expanded initial disclosure at the outset, and general discovery has been replaced by a targeted form of further disclosure that is available only where there is good reason for it.
What must be disclosed
Rule 8.4(1) provides that, unless a Judge directs otherwise, a party to an ordinary proceeding must, at the same time as serving its first substantive pleading, serve on the other parties a bundle of documents verified by affidavit that contains copies of all of the following documents that are in the party's control:
- all the documents referred to in that pleading;
- any additional principal documents that the party used when preparing the pleading, or on which it presently intends to rely at the trial or hearing; and
- all adverse documents.
For the plaintiff, the first substantive pleading is the statement of claim. The plaintiff's initial disclosure must therefore be served together with the statement of claim and the notice of proceeding. For the defendant, it is the statement of defence, and the defendant's disclosure is served with the defence.
Adverse documents
The requirement to disclose adverse documents is the most significant feature of the new regime. An adverse document is one that contains information which is adverse to the disclosing party's case (or another party's case), or which supports another party's case, and which the disclosing party knows exists or has good reason to believe exists (rule 8.4(1A)). A party must take reasonable steps to check for adverse documents (rule 8.4(1B)). In plain terms, a plaintiff cannot put forward only the documents that help it. It must also hand over the documents that hurt it, and it must look for them.
The obligation is to take reasonable steps, not to conduct an exhaustive search of every record the party has ever held. What is reasonable will depend on the size and nature of the dispute. But a party that fails to look, or that looks away from something it suspects exists, is at risk.
What counts as a document
The word document is defined very widely. It includes emails, text messages, messaging app conversations, spreadsheets, photographs, recordings and any other material that records information, as well as paper documents. A document is in a party's control if the party has it, has a right to possess it, or has a right to inspect or copy it. Documents held by a party's accountant, bank or former lawyer may therefore fall within the obligation.
Documents that need not be disclosed
A party need not disclose a document over which it claims privilege, or which it claims is confidential (rule 8.4(5)). The most common form of privilege protects confidential communications between a party and its lawyer for the purpose of obtaining legal advice. The existence of such documents must, however, be identified in the affidavit, together with the ground on which they are withheld. Documents already contained in a bundle served by another party need not be repeated (rule 8.4(7)).
The affidavit
The affidavit that accompanies the bundle is a sworn or affirmed statement. Rule 8.15(2) requires it to list the documents in the bundle, to state that the party understands its obligations under rule 8.4, to give brief particulars of the steps taken to check for adverse documents, to describe any documents withheld on grounds of privilege or confidentiality and the ground for withholding each, to list any documents the party knows about but does not control, and to confirm that the party believes the bundle contains everything it is obliged to disclose. Form G 37 may be used. Because it is sworn, a false or careless affidavit exposes the person who makes it to serious consequences.
A continuing obligation
The obligation does not end with the initial bundle. A party must disclose any further document it becomes aware of, at any stage of the case, that falls within rule 8.4, including adverse documents (rule 8.18). If a pleading is amended so as to refer to new documents or plead additional facts, the disclosure obligation applies again to the amended pleading (rule 8.4(9)).
If a party fails to comply, the court may make any of the orders available under rule 7.48, which include striking out the party's claim or defence and awarding costs against it (rule 8.4(4)).
Further disclosure
After initial disclosure, the parties may agree what further disclosure, if any, is to be given (rule 8.4A). A party who has good reason to believe that specific documents exist, are relevant and material, and have not been provided may ask the other party for them, and the other party must respond in keeping with the duty to co-operate. The court may order further disclosure at any time if satisfied that this will best achieve the overriding objective. The expectation, however, is that any further disclosure will be considered after the witness statements have been exchanged, when the real issues are clearer, and that it will be targeted rather than general.
What this means for a plaintiff
Before filing, the plaintiff and its lawyers must gather and review the relevant documents, including the unhelpful ones, decide what is privileged, and prepare the bundle and the affidavit. This is work that used to be done months into a case and is now done before it begins. The early stages of a High Court case therefore involve more preparation, and more cost, than they used to. The intention is that this is more than offset by savings later, and that cases are decided, or settled, sooner and on a fuller picture of the facts.
What happens next: the statement of defence
Once served, the defendant has 30 working days to file and serve a statement of defence, together with the defendant's own initial disclosure. The statement of defence responds to the statement of claim paragraph by paragraph, admitting or denying each allegation (or stating that the defendant does not know whether it is true), and sets out any affirmative defence. An affirmative defence is one that raises new facts, such as a limitation defence or a defence that the plaintiff agreed to release the claim. The defendant may also bring a counterclaim of its own against the plaintiff.
Instead of filing a defence, a defendant may within the same period take certain other steps, for example filing an appearance objecting to the court's jurisdiction, or giving notice that it intends to apply to strike out the claim or for security for costs. These are mentioned below in the context of the standard directions.
If an affirmative defence or counterclaim is raised, the plaintiff files a reply, or a statement of defence to the counterclaim, with any further initial disclosure that requires. Once that is done the pleadings are complete and the standard directions take over.
The new case management rules
Overview
Until the end of 2025, after the pleadings were exchanged the court would hold a case management conference at which a Judge would set a timetable of steps, typically discovery, then briefs of evidence, then a trial date. That model has been replaced for cases filed from 1 January 2026. The new approach has three main elements:
- standard directions that apply automatically, without the need for any court order, and which require the parties to exchange their factual evidence early;
- a judicial issues conference, which is a substantive hearing before a Judge at which the real issues are identified and the path to trial is set; and
- a trial that is focused on the documents and the facts that are actually in dispute.
Part 6A of the rules contains a flow chart summarising the steps. The rules describe the approach as an evidence first model. The thinking behind it is that parties who have exchanged their documents and their witnesses' accounts early are in a much better position to see the strengths and weaknesses of their case, to narrow the dispute, and to settle it if that is the sensible course.
Standard directions (rule 7.4)
The standard directions apply in every ordinary proceeding unless a Judge makes alternative directions. They run from the date the defendant's pleading is served or, if there is an affirmative defence or counterclaim, from the last pleading responding to it.
Early interlocutory applications. A party who wants to make one of a short list of applications that could dispose of the case, or change who is in it, must give notice of that intention to the other parties and the court within 10 working days of the last pleading, and must file the application within 15 working days after giving notice (rule 7.4(3)). The applications on the list are: to strike out or add a party; for security for costs; concerning a protest to jurisdiction; for summary judgment; and to strike out or stay the claim (rule 7.4(8)). If such an application is made, the evidence timetable below is paused until the application is decided (rule 7.4(9)).
Exchange of evidence. If no such application is filed, the following timetable applies automatically (rule 7.4(4)):
- Within 25 working days of the last pleading, the plaintiff must serve on the defendant the written statements of its factual witnesses; a draft chronology of events in form G 41, which refers to each pleaded fact and cross refers to the documents that support it; and copies of any documents referred to in the witness statements or the chronology that were not already in initial disclosure.
- Within 45 working days after receiving the plaintiff's evidence, the defendant must serve the same material for its own case, including for any affirmative defence or counterclaim.
- If there is an affirmative defence or counterclaim, the plaintiff then has 25 working days to serve evidence in answer to it.
Witness statements. A witness statement is a written statement of the evidence a witness will give at trial. It replaces the brief of evidence of the old rules. Rule 9.7 requires that a witness statement be in the words of the witness and not the lawyer; that it be confined to matters within the witness's personal knowledge; that it not contain argument; that it avoid repetition; and that it not simply recite or summarise documents. The witness signs it with a statement that the evidence is true and correct. If a witness statement does not comply, the court may direct that all or part of it not be read. The purpose is to obtain short, useful accounts of what each witness actually knows, rather than long documents drafted by lawyers.
Once all the evidence and chronologies have been exchanged, the plaintiff must confer with the other parties and then advise the Registrar, who schedules the judicial issues conference (rule 7.4(11)).
The standard directions are a default, not a straitjacket. Any party may apply for alternative directions, and a Judge may give them if satisfied that doing so will best achieve the overriding objective (rule 7.4(10)). The court may also convene a case management conference at any point if one is needed (rule 7.5C).
The judicial issues conference (rules 7.5 to 7.5B)
The judicial issues conference is the centrepiece of the new procedure. It must take place in every defended ordinary proceeding unless a Judge determines that it is not required in the particular case (rule 7.5). It is a substantive hearing before a Judge, generally allocated around half a day, and it is intended to take place with the parties themselves in the room, not only their lawyers. A Judge may direct that the parties (or, for a company, one or more of its senior officers) attend (rule 7.5(5)).
The stated purposes of the conference are to identify the issues in the case, including any that may decide it, and each party's position on those issues; to consider what procedural steps are needed for the case to be fairly decided; and to consider whether it is appropriate to try to resolve the case by alternative means, such as mediation (rule 7.5(4)). The parties and their lawyers have a specific duty to co-operate in preparing for and participating in the conference (rule 7.5(3)).
Before the conference, rule 7.5B requires that:
- no later than 10 working days before it, the plaintiff must file and serve a position paper, a bundle of the key materials it wishes to refer to, and a draft timetable for trial, having sought the defendant's input on the timetable; and
- no later than 5 working days before it, the defendant and any other party must file and serve their own position paper and bundle of key materials and, if they disagree with the draft trial timetable, a memorandum setting out their reasons.
A position paper must explain the party's case and what is required to address it fairly, and must state what directions the party seeks. It may not exceed 10 pages (rule 7.5B(2) and (3)). Each party must also tell the Registrar, no later than 5 working days before the conference, how many people will attend for it.
The agenda for the conference is set by rule 7.5A. It covers, among other things: the issues and whether the pleadings need amending; whether steps should be taken to settle the case by facilitation, mediation or otherwise and, if not, why not; the significant facts in dispute; whether further disclosure is needed; any interlocutory matters; any issues of tikanga; expert evidence, including the topics on which it will be allowed, the timetable for expert witness statements, and a date for the experts to confer; finalising the chronologies and the common bundle of documents for trial; whether the case can be set down for trial and the allocation of dates; categorising the case for costs purposes; and the time and arrangements required for the trial. The Judge may give any directions that will best achieve the overriding objective, and may direct a further conference (rule 7.5(6) and (7)).
For a party, the practical significance is this. Within about five or six months of the claim being served, and often sooner, the party will be before a Judge with all the documents and witness accounts on the table, being asked what the case is really about and whether it ought to settle. That is a very different experience from the old system, in which a case might drift for a year or more before anyone was required to engage with its substance.
After the conference
After the judicial issues conference the case proceeds to trial on the directions given. The rules governing the trial itself have also changed. Documents in the agreed common bundle are generally admitted without a witness needing to introduce them, a merged chronology is a central trial document, witness statements are normally taken as read, and expert evidence is limited to one expert for each party on each topic, with the experts conferring in advance. Those matters are beyond the scope of this note.
Filing, fees and service
Filing
Documents are filed in the proper registry of the High Court. In most cases the proper registry is the registry nearest to the residence or principal place of business of the defendant (or of the first named defendant, if there are several), although in some circumstances it is the registry nearest to the place where the cause of action arose, and the parties may agree on a different registry (rules 5.1 and 5.25(3)). Filing may be done by delivering the documents to the registry by hand, by post, or electronically (rule 5.1A). The Ministry of Justice operates an online File and Pay service through which documents can be uploaded and fees paid by card.
Fees
A fee is payable on filing. Under the High Court Fees Regulations 2013 the fee for filing a statement of claim commencing an ordinary proceeding is currently $1,860. Further fees are payable as the case progresses. The fee for scheduling a hearing date is $2,205, and a hearing fee of $2,205 is payable for each half day of hearing after the first. An interlocutory application on notice generally attracts a fee of $689. These figures change from time to time and should be checked before filing.
A person who cannot afford a fee, or whose case raises a matter of genuine public interest, may apply to the Registrar for the fee to be waived. The application is made at the time the document is filed.
Service
Except where the court directs or the rules allow a different method, the statement of claim and notice of proceeding must be served personally on the defendant (rule 5.71). For an individual, this means handing the documents to that person. For a company, the documents may be left at its registered office or served on a director in the way the rules and the Companies Act 1993 allow. Service is usually carried out by a professional process server, who then swears an affidavit of service. That affidavit is filed so that the court can see when the 30 working day period for the defence began to run.
Service must be carried out as soon as practicable after filing (rule 5.72). If the documents have not been served within 12 months after filing, or within such further time as the court allows, the proceeding is treated as discontinued against any defendant who has not been served.
If a defendant cannot be found, or is avoiding service, the plaintiff may apply to the court for an order permitting substituted service, for example by email or by delivery to a relative or lawyer. Serving a defendant outside New Zealand is subject to additional rules and, in the case of a defendant in Australia, to the Trans-Tasman Proceedings Act 2010. Advice should be taken in either situation.
The early timeline in summary
Bringing the above together, the early stages of an ordinary proceeding under the current rules run broadly as follows.
- The plaintiff files the statement of claim and the notice of proceeding (with the memorandum attached), pays the filing fee, and serves both documents on the defendant together with its initial disclosure bundle and affidavit.
- Within 30 working days of service, the defendant files and serves a statement of defence (and any counterclaim) with its own initial disclosure, or takes one of the alternative steps such as an appearance objecting to jurisdiction.
- Within 10 working days of the last pleading, any party intending to make an early interlocutory application (strike out, summary judgment, security for costs, protest to jurisdiction, or adding or removing a party) gives notice, and files the application within 15 working days after that.
- If no such application is made, within 25 working days of the last pleading the plaintiff serves its witness statements, draft chronology and any additional documents.
- Within 45 working days after that, the defendant serves its witness statements, draft chronology and any additional documents. If there is an affirmative defence or counterclaim, the plaintiff has a further 25 working days to respond to it.
- The plaintiff confers with the defendant and advises the Registrar, who schedules the judicial issues conference. The plaintiff files its position paper, key materials and draft trial timetable 10 working days before the conference. The defendant files its position paper and key materials 5 working days before.
- The judicial issues conference is held. The Judge identifies the issues, considers whether the case should be referred to mediation, and gives directions for the remaining steps to trial.
Leaving aside any interlocutory applications, the sequence from service of the claim to the point at which the judicial issues conference can be scheduled occupies about 100 working days, or 125 working days if there is an affirmative defence or counterclaim. That is roughly five to six months, plus whatever time the registry needs to find a date for the conference.
Final observations
Compared with the previous system, the new rules front load the work. A plaintiff must have its documents, including the unhelpful ones, and its evidence in good order before filing and shortly afterwards. This rewards preparation and candour, and it penalises claims that are brought without a proper foundation. The same is true for defendants.
A person may bring or defend a High Court case without a lawyer. The rules, however, are technical, the time limits are strict, and the consequences of getting things wrong can be serious and expensive. Anyone contemplating a claim of the size or complexity that belongs in the High Court, or who has been served with one, should take advice before taking any step.
The High Court Rules 2016 and the High Court Fees Regulations 2013 are published free of charge on the New Zealand Legislation website at www.legislation.govt.nz. The key rules referred to in this note are listed below.
Key provisions of the High Court Rules 2016 referred to in this note
- Rule 1.2 The overriding objective: just resolution by proportionate means.
- Rule 1.2A General duty of the parties and their lawyers to co-operate.
- Rule 1.3 Definitions, including document, control, working day and ordinary proceeding.
- Rule 5.11 Heading on the statement of claim (form G 1).
- Rule 5.17 Distinct causes of action to be stated separately; particulars of state of mind.
- Rule 5.22 Notice of proceeding to be filed with every statement of claim.
- Rule 5.23 Requirements for the notice of proceeding (form G 2) and the attached memorandum (form G 3).
- Rule 5.25 Proceeding commenced by filing a statement of claim in the proper registry.
- Rule 5.26 Statement of claim to show the nature of the claim and give sufficient particulars.
- Rule 5.27 Statement of claim to specify the relief sought.
- Rule 5.47 Statement of defence to be filed within 30 working days of service.
- Rule 5.71 Personal service of the statement of claim and notice of proceeding.
- Rule 5.72 Prompt service; proceeding treated as discontinued if not served within 12 months.
- Rule 6A.1 Overview and flow chart of the steps in an ordinary proceeding.
- Rule 7.4 Standard directions before the judicial issues conference, including the evidence timetable.
- Rules 7.5 to 7.5B The judicial issues conference: purposes, agenda, and what the parties must file beforehand.
- Rule 7.5C Case management conferences.
- Rule 8.4 Initial disclosure, including adverse documents.
- Rule 8.4A Further disclosure.
- Rule 8.15 Affidavit for disclosure (form G 37).
- Rule 8.18 Continuing obligation to disclose.
- Rule 9.7 Requirements for witness statements.
- Schedule 1AA, clause 4 Application of the 2025 amendments to proceedings filed before 1 January 2026.
This note is a general guide to the High Court Rules 2016 as at 25 September 2026. It is not legal advice and should not be relied on as such. The application of the rules to any particular case depends on its facts, and advice should be obtained from a lawyer before any step is taken.
Steve Keall, barrister 25 September 2026