“Why should I allow this,” he says to a barrister asking that the case again be adjourned, this time to October 29.

“The answer is no. You are going to have to do better."

Justice Hammerschlag has been running the Commercial list since 2009. It's his job to keep cases moving until they are ready for hearing, then to allocate them to a trial judge.

Justice David Hammerschlag, known as The Hammer. supplied

Most Fridays there will be a total of around 50 matters in the Technology and Construction and Commercial lists. In June, 150 new matters were filed in both lists; 460 were pending.

"Don't wait," he says to counsel as he rolls on to the next case.

He means they should not wait to be excused from the bar table. Those used to the regime start addressing him even before they put their papers down.

As the court's Chief Judge in Equity Julie Ward says, Justice Hammerschlag "runs a tight ship".


"He is an integral part of the commercial division. He runs the list extremely efficiently. He has a lot of commercial experience and he's very well respected. He's always well prepared and he keeps on top of the matters so he knows where they are up to."

Justice Ward smiles at the mention of his nickname. "Yes. He's well known as The Hammer – and I don't think he minds it."

She says Justice Hammerschlag "has a reputation for being very direct - and to the point. He really tells it like it is. "

He also has a reputation, both at home and abroad, as a master of managing a big list. Visiting international judges have sat in his court to see how it's done, Other courts across Australia seek his counsel and invite him to speak at their conferences.

There's no doubt who is MC in 7D, but that doesn't mean there isn't the odd light moment. At times, Justice Hammerschlag seems almost jolly as he pushes things along at judicial warp speed.

"Building lawyers don't do anything in one week," he says while passing papers to his associate.

"Liquidators don’t do anything in three weeks."

There is a plea to disallow a claim."What do you think the chances are of me doing that," He looks at the bar table. "Exactly."


The length of time it is taking to serve a cross-claim in Hong Kong is holding up a case.

"Have you tried doing anything in Hong Kong lately? I think I will send you there."

He sits back in his chair, before suggesting the court's prothonotary might be able to help.

"I could contact my friend the chief justice, but that would be overdoing it."

On the next matter, he's thinking of Justice Nigel Rein.

"I think his honour is the trial judge. If he isn't, he’s going to be."

Experts seem to be a recurring problem. In a dispute over the building of townhouses of a retirement village, a council lawyer has come well armed. She wants to hand up a document listing the experts.

There is a frown from the bench.


"No, No. Don't bother. I am not going to allow this plethora of expert reports. There will only be one expert for each area. We will allocate single experts and take it from there. If I have to do it myself, I will ...''

After numerous warnings to parties about delays – "guillotine" orders seem a favourite – and expense, Justice Hammerschlag has returned to the case with the holidaying expert. He moved the matter to the end of the list when it became clear it was going to take more than the standard couple of minutes.

“He can cancel his overseas trip for all I care ... I cannot conduct this court for the convenience of engineers going on holidays ... This is not fair to the other side ...

"I will make him pay the costs ... this is not complicated geo-tech stuff."

He checks himself and tells the barrister that she should not interpret his "irascibility" as being directed at her. He offers to provide a transcript, so there is no doubt about his warning to make the expert pay for the delay.

A week later, it's the first matter on the list.

"How are you going with your expert?" asks the Hammer.

A document is handed up, and on reading it he smiles. "Good. Well done."

The matter will proceed on October 4, with the expert having promised to expedite his report.

"You got the transcript? It helped, obviously."