2026 is a year of change in the civil dispute landscape.
From 1 January 2026, changes to the High Court Rules have changed how civil procedure is carried out, and from 24 January 2026, the financial jurisdiction of the Disputes Tribunal will significantly increase.
Key changes to the High Court Rules
The High Court (Improved Access to Civil Justice) Amendment Rules 2025 introduced several important reforms aimed at improving efficiency and promoting early resolution of disputes.
An evidence-first model now requires parties to file comprehensive bundles of relevant documents at the outset of proceedings, including all materials they intend to rely on at trial and any known adverse documents. This “front-loading” of evidence is designed to minimise discovery costs and clarify the real issues in dispute at an earlier stage.
A new Judicial Issues Conference replaces most existing case management conferences, requiring parties to engage substantively on the issues, exchange witness statements, and prepare a draft trial timetable. This process is intended to encourage collaboration and consideration of alternative dispute resolution options.
In addition, changes at trial are designed to promote cooperation between the parties in preparing chronologies and common bundles, with a focus on concise, well-targeted evidence to reduce unnecessary length and delay.
Collectively, these reforms represent a shift toward greater procedural discipline and transparency, aiming to make High Court litigation more efficient and proportionate to the issues at stake. While we wait to see what unfolds in practice, these changes should make litigation more streamlined, efficient, and cost-effective.
Expanding the Disputes Tribunal’s reach
The Disputes Tribunal has long been a cornerstone of the civil justice system, providing a quick, affordable, and accessible forum for resolving disputes without the complexity and cost of Court proceedings. While lawyers cannot appear in the Tribunal, they can assist with preparing the claim or defence, so you can advance the strongest argument possible (which is valuable in higher value/stake matters).
The Disputes Tribunal Amendment Bill introduces two key changes:
- Increased financial jurisdiction: The maximum claim limit will rise from $30,000 to $60,000, allowing more significant disputes to be resolved within the Tribunal – noting that portions of a higher claimed amount can be abandoned to fit with the limit.
- New filing fee tier: A filing fee of $468 will apply to claims of $30,001 or more, reflecting the higher private benefits of resolving larger disputes through the Tribunal.
What these changes mean for you
Together, the changes to the High Court Rules and the Disputes Tribunal’s jurisdiction represent a significant step towards addressing access to justice issues. With a higher financial jurisdiction, the Tribunal is now equipped to hear and determine claims that are more common for individuals and small businesses, in a reasonably quick and cost-effective manner. For higher value claims, the changes to the High Court Rules help promote efficiencies, which in turn should encourage early resolution and proportionate/ cost-effective litigation. In our view, the changes on the horizon should be greatly welcomed.
If you need guidance on a civil dispute matter, our Litigation and Disputes team can help you understand your options under the new rules.
This article was written by James Hakaria with assistance from Tayla Bentley and Katelyn Bedford.