Commercial Division

The Commercial Division provides fast, cost-effective and fair resolution of commercial disputes.

The Commercial Division manages cases which raise factually and legally complex issues. Our cases involve everything from claims for repayment of loans, property disputes, building disputes to tax and superannuation matters, family trusts and claims for breach of contract.

There is no monetary limit on our jurisdiction, meaning it is effectively concurrent with the Supreme Court of Victoria. Most cases have a quantum between $100,000 and $500,000. There are, however, many cases with a quantum of more than $1million.

We achieve expeditious results by:

  • encouraging parties to agree on orders setting out the timetable for the steps to be taken to prepare for trial, without anyone having to attend court
  • providing a trial date within six months of the first timetabling orders (six month trial dates)
  • as far as possible, ensuring a judge is available to hear the case on the listed trial date (trial date certainty)
  • allocating cases to specialist commercial judges who understand the complex questions raised and write judgments quickly (time to judgment).

Interlocutory steps are principally managed by a judicial registrar, with a duty judge also available each month to hear more complex applications, such as applications for injunctions.

Parties are encouraged to agree orders for interlocutory steps ‘on the papers’ without needing to attend court. If an appearance at court is required, parties should come prepared to discuss the steps required for the proceeding to be resolved at trial.

From our humble beginnings as a pilot list in 2006, with just 52 cases, we now manage more than 2000 initiations a year.

Structure

We are divided into four lists:

Urgent applications

Urgent applications can be heard on short notice by the duty judge. During business hours you should contact the Commercial Division Registry on 03 8636 6515 to arrange an urgent hearing.

After business hours, the associate to the duty judge can be contacted on the duty judge phone 0419 384 312. This phone number should be used only for genuinely urgent matters and only after business hours. The current duty judge roster is set out below.

Duty judge roster

Month Judge
July Judge Macnamara (from 2 July)
August Judge Marks (from 13 August)
September Judge Ryan (from 10 September)
October Judge Cosgrave (from 15 October)
November Judge Woodward (from 5 November)
December Judge Marks (from 3 December)
Divisional support Email Telephone
Christy Giardina, Manager Commercial Operations Christina.giardina@countycourt.vic.gov.au 03 8636 6516

Resources

Practice Notes

Click here for all Commercial Division practice notes.

Judgments

Notable Commercial Division judgments can be found here .

Division performance

Data on Commercial Division performance, including time to trial and not reached cases can be found here.

Publications

Working towards a faster resolution, by Judge Maree Kennedy, Sharon Burchell and My Anh Tran.

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Page last updated: 20 September 2018