It is well known that litigation is a costly and lengthy process. Legal fees can run into several hundreds of thousands of dollars and sometimes millions of dollars, and it can take several years before a trial is conducted.

Some courts in the USA have been attempting to deal with this problem for some time. These courts have become known as the "rocket dockets" because of the speed and efficiency with which they deal with cases.

Fortunately, Australian courts are also taking steps to deal with the problem. On 1 May 2007, the Federal Court introduced a "fast track list" as a pilot program with the aim of reducing the cost and length of litigation, and it certainly seems to be working. A trial in the "fast track list" can be expected to be held within 3½ to 6½ months of the proceeding being commenced and the Court will endeavour to deliver the judgment within 6 weeks of the trial. That is, a total of 5 to 8 months from commencement of the proceeding to receipt of judgment. This is nearly as good as the fastest "rocket docket" court in the USA, the Western District Court of Wisconsin, which has a median time of 4.8 months from the date of filing to finalisation of the proceeding. Of the 43 matters commenced in the Federal Court "fast track list", most have been finalised within 8 months of being commenced or are on track to do so. The consistency and quality of judgments in the "fast track list" should be the same as cases heard in the other court lists.

Costs are also substantially less in the Federal Court "fast track list". Parties are only required to provide case summaries rather than formal pleadings, which means no more costly disputes about pleadings and particulars of pleadings. A party is only allowed to request limited discovery of documents from another party, and discovery may only be allowed after affidavit evidence has been filed. Also, trials are conducted according to the "chess-clock" style. That is, each party is allocated a fixed amount of time for submissions, evidencein- chief and cross-examination, and each party must determine how best to allocate and use that time.

Most cases which can be heard in the Federal Court can be heard in the "fast track list". This includes most commercial and intellectual property matters. At the moment, only cases commenced in the Victorian Registry of the Federal Court can be run in the "fast track list". Hunt & Hunt was involved in a trade mark infringement dispute in the "fast track list". A trail was scheduled to be held within 6 months of the proceeding being commenced and the proceeding was resolved within 4 months.

The cost and length of litigation is often a strong factor in determining whether to commence or settle a court proceeding. Given the recent global financial crisis and the Australian economy seemingly slipping into recession, businesses will be looking for more ways to reduce costs. Therefore, anyone who is considering whether to pursue a claim through the courts and is concerned about the cost and length of litigation, should now give serious consideration to bringing the proceeding in the "fast track list" if the dispute is within the Federal Court's jurisdiction.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.