Discovery under the new High Court rules
On 1 January 2026, a significant reform to High Court civil procedure will come into force: the High Court (Improved Access to Civil Justice) Amendment Rules 2025. The amendments are designed to streamline litigation, reduce unnecessary cost and focus the Court and the parties on the real issues in dispute.
For law firms, barristers and in-house legal teams, this means more work at the front end of a case. Document issues will arise earlier, timeframes will tighten and there will be closer judicial scrutiny of case preparation. For those who are prepared, there is an opportunity to run cases more efficiently, manage risk and keep discovery costs proportionate.
Discovery strategy will no longer be a “hailstorm” arriving mid-proceeding. It will be part of the first wave of litigation decisions.
Below, we outline key rule changes and how Discovery Specialists can support your team to adapt.
What’s changing and why it matters
Key features of the new rules include:
Early disclosure obligations: Parties must disclose, at the outset, documents referred to in their pleadings or relied on when drafting them. There is also now a clear obligation to identify and disclose documents harmful to your case. In practice, this pushes document review work into the pleading phase, not weeks or months later.
Emphasis on duty to cooperate as an 'overarching principle': Counsel and parties must work together to narrow issues and avoid unnecessary expense, including in relation to discovery. There will be more emphasis on sensible, proportionate agreements about scope and methods.
Active case management: Every defended proceeding will now involve a judicial issues conference. Discovery scope, timing, and process are likely to be scrutinised early, with the Court expecting clarity and planning.
Tighter timetables: Consistent with earlier disclosure obligations, some interlocutory steps must be filed within 25 working days, requiring supporting documents to be identified and organised quickly.
Taken together, these changes shift the burden of case preparation much earlier in the process. Discovery can no longer be treated as an afterthought; it needs to be front and centre from day one.
How Discovery Specialists can help under the new rules
The new regime requires parties to act efficiently, early and proportionately. Discovery Specialists is well placed to assist teams to meet those expectations in a practical, defensible way.
1. Front-loaded readiness: discovery from day one
Because disclosure obligations now arise with the statement of claim or defence, parties will need a considered discovery plan from the moment pleadings are drafted. We can work alongside your team to:
Develop discovery strategies in tandem with pleadings.
Identify significant document sources and custodians early.
Design keyword, search and sampling strategies tailored to the issues.
Assist in identifying adverse documents in line with the new obligations.
This helps ensure your pleadings are properly supported and that there are no surprises when early disclosure is due.
2. Technology-assisted review (TAR) and AI integration
Leveraging TAR and AI tools helps keep discovery proportional to what is at stake. Discovery Specialists integrates advanced AI and machine learning tools, directed by experienced discovery practitioners, to:
Prioritise likely-relevant documents for earlier review.
Cull irrelevant or duplicative material efficiently.
Reduce reviewer hours and cost exposure.
Improve consistency and defensibility of search and review decisions.
The result is a review process that is faster, more systematic, and easier to explain to the Court if required.
3. Scalability and flexible resourcing
Large, complex cases can still involve millions of documents. The CBL liquidation, for example, involved over 6.5 million documents. Our ability to scale review teams and apply robust project management means that even high-volume disclosure exercises can meet tight deadlines without uncontrolled cost growth.
We can step in to supplement your team at peak points, or manage discrete discovery workstreams end-to-end.
4. Support for cooperative, proportionate discovery
The duty to cooperate, including around disclosure and further disclosure, will reward parties who approach discovery constructively. Our team’s legal and discovery experience allows us to assist with:
Narrowing issues and custodian scope to what is truly necessary.
Designing proportional search and review protocols.
Advising on reciprocal electronic formats and practical production options.
Supporting counsel in negotiations over disclosure scope and methods.
This can help avoid unnecessary disputes and give the Court confidence in the parties’ approach.
5. Transparent cost forecasting and control
Earlier disclosure obligations also mean earlier costs. We can assist with:
Budgeted discovery plans aligned to case strategy.
Phased cost estimates tied to defined work stages.
Real-time progress and cost monitoring.
This level of transparency supports proportionality arguments and helps clients understand and manage their litigation spend.
6. Litigation strategy and interlocutory readiness
With tighter timetables for summary judgment and other interlocutory steps, parties will need a clear view of key documents early. We can help to:
Identify documents that support (or undermine) particular causes of action or defences.
Prepare responsive bundles or exhibits promptly.
Maintain document organisation that supports rapid turnaround when applications are filed.
Getting the fundamentals right early
Under the 2026 rules, the “litigation race” effectively begins at pleading time, not discovery time. Early discovery decisions will influence:
How confidently you can plead your case.
How efficiently you can meet early disclosure obligations.
Whether your discovery approach withstands judicial scrutiny.
The overall proportionality and cost of the proceeding.
The Discovery Specialists offers a collaborative approach: we work with your team to shape discovery strategy that fits your legal objectives and client needs. Our practical experience means we understand the intersection of legal risk, technology and document management, and can translate that into processes that work in real cases. We provide scalable support, adjusting resourcing and methods to suit whether the matter is modest or high-volume. We also prioritise defensibility and transparency, documenting our methodology and encouraging counsel oversight at every stage so the approach can be explained and defended if questioned.
If your firm or team is preparing for High Court litigation under the 2026 rules, now is an ideal time to review your discovery workflows and planning. We can work with you to refine existing processes or develop a discovery plan for specific upcoming proceedings, so you are ready when the new regime takes effect.
To discuss how we can support your team under the new rules, please get in touch with our team.
Contributed by:
Joey James