Date:

10/17/2001

17 October 2001

TECHNOLOGY AND CONSTRUCTION LIST


The Chief Justice of New South Wales, the Hon J.J. Spigelman AC, has released details of the new Technology and Construction List which expands the former Construction List, conducted by the Commercial List judges of the Supreme Court.

“The number of cases involving complex scientific and technical issues is increasing. The new List will manage cases relating to the design, acquisition, disposal or operation of technology in commercial transactions and transactions involving Government,” the Chief Justice said.

“The expansion of the Construction List to include cases involving technology matters is a natural one. Technology disputes have many similar characteristics to construction and building disputes, especially when they reach litigation.

“Technology disputes often involve questions of design and the building up of elements based on technical knowledge of diverse forms of expertise, just like construction cases,” he said.

“The well understood and long established procedures for management of building cases will be appropriate for many technology cases. For example, disputes about software are often, in essence, building cases about intangibles. The legal issues that arise are often similar to those which arise in a case about a building,” he said.

“The new List will continue the rigorous judicial case management of the Construction and Commercial Lists ensuring that, by attention to the true issues at an early stage, timely exchange of witness statements and oversight of the preparation of every case, matters are brought on for hearing quickly.

“The Technology and Construction List, like its predecessor is permissive. Litigants do not have to bring technology cases in the List. They will do so only if its procedures serve their needs best,” said the Chief Justice.

The new List will take effect from 1 January, 2002. The amendments to the Supreme Court Rules were passed by the Rule Committee on Monday. An amended Practice Note will issue shortly.

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