Glossary

Term	Definition
Adverse document	A document that contains information that is unfavourable to your case or supports another party’s case that you either know exists or have good reason to believe it exists. All parties are required to take reasonable steps to check for the existence of such documents. See High Court Rule 8.4(external link) for further detail.
Affidavit for disclosure	A sworn statement verifying the documents disclosed is required for both initial and further disclosure. Amongst other things, it must list the documents disclosed, describe the steps taken to find adverse documents, and confirm compliance with disclosure obligations. See High Court Rule 8.15(external link) for further detail.
Common bundle	A single, organised file of all the documents the parties plan to use at trial. It includes documents mentioned in witness statements, chronologies, and opening submissions. The documents must be clearly labelled, numbered, and arranged according to the High Court Rules. See High Court Rule 9.4(external link) and High Court Rule 9.5(external link) for further detail.
Counterclaim	Claim made by the defendant against the plaintiff in response to the original claim. It allows the defendant to seek orders or damages from the plaintiff.
Defendant	The person or entity (e.g. business) against whom the plaintiff brings the claim. The defendant may choose to respond to the plaintiff’s allegations and may file a statement of defence or other legal documents to contest the claim.
Disclosure	This term has replaced “discovery,” and describes all the processes of providing to the other party or parties copies of all relevant documents required under the High Court Rules or that the court directs are to be provided to the other party/parties. See High Court Rule 8.4(external link) for further detail.
Disclosure Obligation	A requirement to disclose documents under the High Court Rules or as directed by the court.
Draft chronology	A document outlining the key events (not every event) and facts a party intends to establish at trial, with each event backed up by documents referring to any documents relevant to that event. This is served on the other party or parties prior to the Judicial Issues Conference. See High Court Rule 7.4 (4)(a)(ii)(external link) and Form G41(external link) for further detail.
General Duty to Co-operate	All parties and their legal representatives must work collaboratively in line with the overriding objective (as defined in High Court Rules 1.2 and 1.2A(external link)), including during disclosure, conferencing, and bundle preparation.
Initial disclosure	The bundle of documents a party must serve at the same time as their statement of claim or statement of defence (as the case may be), including adverse documents (as defined in High Court Rule 8.4(external link)), verified by affidavit.
Interim injunction	A temporary court order restraining a party from doing something (or compelling them to do something) until the court makes a final decision.
interlocutory application	A procedural application made before trial. These include applications that may resolve the case or part of it (e.g. summary judgment, strike out, protest to jurisdiction) and other applications that affect the procedures (e.g. format, scheduling, request for more documents) but not the outcome of the case.
Judicial Issues Conference	A conference before a judge in general proceedings. Its purpose is to identify issues, consider procedural steps to be taken in the proceeding, and explore resolution options. Parties must file position papers and key materials in advance of the Conference. See High Court Rules 7.5, 7.5A and 7.5B(external link) for further detail.
Merged Chronology	A consolidation of all parties’ finalised chronologies.  It sets out a timeline of key facts and events, highlights agreed and contested entries and is used to assist the court.  It should cross-refer to any documents relevant to each event or fact. It is created by the plaintiff and is filed after the common bundle. See High Court Rule 9.9(external link) for further detail.
Notice of Proceeding	A legal document notifying a defendant that a civil case has been filed against them in the High Court. This is filed alongside the statement of claim. See Form G2 of the High Court Rules(external link) for further detail.
Overriding Objective	The central aim of the High Court Rules is to secure the just resolution of any proceeding or interlocutory application by proportionate means, including speedy and inexpensive determination. See High Court Rule 1.2(external link) for further detail.
Plaintiff	A person who initiates (starts) a proceeding in the High Court. They are seeking a legal remedy, such as compensation or other orders against another party. They file a statement of claim and notice of proceeding.
Position Paper	A paper (no more than 10 pages in length) filed in advance of the Judicial Issues Conference.  It is intended to provide a short a clear explanation to the judge of your case and the key issues needing determination, what is required to fairly address the case, and the procedural directions you will seek at the conference. The plaintiff files their position paper 10 working days before the Judicial Issues Conference and the defendant files their position paper 5 working days before. See High Court Rule 7.5B(external link) for further detail.
Proceeding Timeline	Document provided to the plaintiff by the Registry, for the plaintiff to complete after filing the statement of claim and notice of proceeding. Proceeding Timeline [PDF, 714 KB] and Proceeding Timeline Practice Note(external link)
Statement of Defence	A document filed by the defendant in response to a statement of claim. This statement must address the plaintiff’s statement of claim, provide reasons for denying allegations, and set out any additional key facts the defence will rely on to defend the plaintiff’s claim. It must be filed 30 working days after service of the statement of claim. See High Court Rule 5.47(external link) and High Court Rule 5.48(external link).
Witness Statement	A written statement of factual or expert evidence intended to be presented given at trial. It must be in the witness’s own words, avoid argument, and comply with admissibility standards in High Court Rule 9.7(external link).