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What Is the Supreme Court of Papua New Guinea?
The Supreme Court of Papua New Guinea explained: its establishment under Constitution section 160, its four jurisdictions, and how it differs from the National Court.
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Who Are the Judges of the Supreme Court?
Who sits on the Supreme Court of Papua New Guinea: Constitution section 161, acting judges, the presiding judge, and the rule against sitting on appeal from your own judgment.
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How Many Judges Hear a Supreme Court Case?
How many judges sit on a Supreme Court case in Papua New Guinea: the three-judge minimum, five-judge benches, single Judge powers, and what happens if a judge cannot continue.
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What Forms Do I Use in the Supreme Court?
The forms used in the Supreme Court of Papua New Guinea: which form for which step, the substantial compliance rule, and why using a notice of motion instead of the prescribed form can be fatal.
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What If the Supreme Court Rules Do Not Cover My Situation?
What to do when the Supreme Court Rules 2012 do not prescribe a procedure: Order 11 Rule 9 directions, the waiver power in Rule 10, and why improvising a form is risky.
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When Can I Appeal to the Supreme Court?
When an appeal lies to the Supreme Court of Papua New Guinea: sections 4 and 14 of the Supreme Court Act, appeals as of right, appeals with leave, and the judgments excluded altogether.
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What Is the Difference Between an Appeal and a Review?
Appeal compared with review in the Supreme Court of Papua New Guinea: the source of each, when review is available, the Avia Aihi test, and why they are not alternatives.
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What Is an Interlocutory Judgment?
Interlocutory judgments in Papua New Guinea explained: what makes a judgment interlocutory, the section 14(3)(b) exceptions, and the statutory deeming provision in section 14(4).
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How Do I Tell If a Judgment Is Final or Interlocutory?
How to classify a National Court judgment as final or interlocutory for the purposes of appealing to the Supreme Court of Papua New Guinea, and what to do when the answer is unclear.
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Can I Appeal a Consent Order?
Why no appeal lies from a consent order in Papua New Guinea, what counts as a consent order, and what to do instead: setting aside for fraud or mistake, or section 155(2)(b) review.
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Can I Appeal an Order About Costs Only?
Appealing a costs order in Papua New Guinea: section 14(3)(c) of the Supreme Court Act, when leave is needed, and the difference between a discretionary costs order and a costs order made on a wrong principle.
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Who Can Appeal to the Supreme Court?
Who has standing to appeal to the Supreme Court of Papua New Guinea: parties, cross-appellants, the Public Prosecutor, the Principal Legal Adviser, and persons added as parties.
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How Do I Apply for Leave to Appeal?
Applying for leave to appeal to the Supreme Court of Papua New Guinea: Order 7 Rule 4, the Form 7 requirements, service, who hears it, and the 21 days that follow a grant.
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What Must I Show to Get Leave to Appeal?
The test for leave to appeal to the Supreme Court of Papua New Guinea: Order 7 Rule 4, what an arguable case means, and the factors that weigh for and against a grant.
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What Is Form 7 in the Supreme Court?
Form 7 of the Supreme Court Rules 2012 explained: what it is for, what it must contain under Order 7 Rule 4, and how it differs from the Form 8 notice of appeal.
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Can I Apply for Leave and Appeal at the Same Time?
Filing a leave application and a notice of appeal together in the Supreme Court of Papua New Guinea: why it is prudent, what it costs, and what Yakham v Merriam forbids.
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How Long Do I Have to Apply for Leave to Appeal?
The time limit for a leave application in the Supreme Court of Papua New Guinea: section 17, Tsang v Credit Corporation, extensions under Order 7 Rule 1, and the 21 days after a grant.
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How Long Do I Have to Appeal to the Supreme Court?
The 40-day time limit for appealing to the Supreme Court of Papua New Guinea: sections 17 and 29, when time starts, extensions, and what Avia Aihi decided about missing it.
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When Does the Time for Appealing Start Running?
When the 40-day appeal period starts in Papua New Guinea: the date of judgment under section 17, the date of conviction under section 29, and what counts as a judgment.
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How Is Time Counted in the Supreme Court?
How time is reckoned in Supreme Court of Papua New Guinea appeals: calendar days, the periods in the Rules, and why a statutory period cannot be enlarged like a rule-made one.
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Can I Get an Extension of Time to Appeal?
Extending time to appeal to the Supreme Court of Papua New Guinea: Order 7 Rule 1, the Form 4 application, what the affidavit must show, and why the application must be inside the 40 days.
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How Do I Start an Appeal in the Supreme Court?
Starting a Supreme Court appeal in Papua New Guinea: Order 7 Rule 7, the Form 8 notice, filing, service, the appointment to settle, and what happens in the first weeks.
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What Makes a Ground of Appeal Incompetent?
Incompetent grounds of appeal in the Supreme Court of Papua New Guinea: the Rule 10 particularity requirement, missing leave, new points, and consent orders.
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What Is a Notice of Contention?
Notices of contention in the Supreme Court of Papua New Guinea: Order 7 Rule 29, the difference from a cross-appeal, and getting the relevant record into the appeal book.
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Can I Amend My Notice of Appeal?
Amending a notice of appeal in the Supreme Court of Papua New Guinea: Order 7 Rules 25 and 26, the two deadlines, and the difference between amending and adding.
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What Is a Supplementary Notice of Appeal?
Supplementary notices of appeal in the Supreme Court of Papua New Guinea: what they do, how to draft one, filing and service, and the Tsang limitation.
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Does an Appeal Stop the Judgment Taking Effect?
Whether a Supreme Court appeal stays a National Court judgment in Papua New Guinea: section 19 of the Supreme Court Act, and what an appellant must do instead.
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How Do I Apply for a Stay Pending Appeal?
Applying for a stay of a National Court judgment pending appeal in Papua New Guinea: Form 4, Kawaso v Oil Search, the supporting affidavit, and urgency.
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Can I Get Interim Orders While My Appeal Is Pending?
Interim orders pending a Supreme Court appeal in Papua New Guinea: section 5(1)(b), Order 11 Rule 8, the Duty Judge, and how to apply.
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What Is an Appeal Book?
The Supreme Court appeal book in Papua New Guinea: what it is, what it contains, why Order 13 Rule 7 makes it the gateway to a hearing, and who prepares it.
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What Is the Draft Index to the Appeal Book?
The draft index to a Supreme Court appeal book in Papua New Guinea: Order 7 Rules 40 and 41, how to draft one, and how a respondent gets material included.
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What Goes Into a Supreme Court Appeal Book?
Contents of a Supreme Court appeal book in Papua New Guinea: Order 7 Rule 43(13), what must be excluded, and the oral judgment certificate requirement.
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How Should the Appeal Book Be Arranged and Paginated?
The physical requirements for a Supreme Court appeal book in Papua New Guinea: Order 7 Rule 43, volume thickness, line numbering, and examination and certification.
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When Must the Appeal Book Be Lodged?
Timing for lodging a Supreme Court appeal book in Papua New Guinea: why there is no fixed deadline, the Callover List, directions, and want of prosecution.
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What Are Written Submissions in the Supreme Court?
Written submissions in the Supreme Court of Papua New Guinea: Order 11 Division 9, the 10-page limit, the chronology requirement, and citation rules.
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Can I Adjourn a Supreme Court Appeal?
Adjourning a Supreme Court appeal in Papua New Guinea: Order 13 Rule 13, the three-day requirement, and Order 7 Rule 61 on appeals not reached.
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How Long Does a Supreme Court Appeal Take?
How long a Supreme Court appeal takes in Papua New Guinea: the fixed deadlines, the monthly listing cycle, what causes delay, and how to expedite.
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What Happens if the Supreme Court Judges Disagree?
Divided opinions in the Supreme Court of Papua New Guinea: section 7 of the Supreme Court Act, what happens when there is no majority, and why benches are odd-numbered.
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How Do I Appeal a Criminal Conviction?
Appealing a criminal conviction to the Supreme Court of Papua New Guinea: section 22, the 40-day limit in section 29, and the Registrar's duties to detainees.
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What Is the Proviso in a Criminal Appeal?
The proviso in section 23(2) of the Supreme Court Act of Papua New Guinea: what it means, when it is applied, and how to argue against it.
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How Long Do I Have to Appeal a Criminal Case?
The time limit for a criminal appeal in Papua New Guinea: section 29 of the Supreme Court Act, extensions, death and corporal punishment sentences, and what to do if you are late.
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Can the Supreme Court Increase My Sentence?
Whether the Supreme Court of Papua New Guinea can increase a sentence on appeal: section 23(4), section 8(2), section 27, and what it means for advising a client.
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When Can I Ask the Supreme Court to Review a Decision?
Applications for review under Constitution section 155(2)(b) in Papua New Guinea: when review is available, Order 5, and the difference from an appeal.
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How Do I Apply for a Supreme Court Review?
Applying for review under Constitution section 155(2)(b) in Papua New Guinea: Order 5 Rules 1 to 6, Form 5, leave, service, and interlocutory orders.
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What Must I Show to Get Leave for Review?
Leave for review under Constitution section 155(2)(b) in Papua New Guinea: Avia Aihi, Leahy, what an application must establish, and the affidavit material.
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What Is a Constitutional Reference Under Section 18?
Section 18 of the PNG Constitution: original interpretative jurisdiction, references from other courts, Order 4 of the Supreme Court Rules, and standing.
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Who Can Make a Special Reference to the Supreme Court?
Who may make a special reference under section 19(3) of the PNG Constitution, why the list is closed, and what a person outside it can do instead.
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How Do I Enforce a Constitutional Right in the Supreme Court?
Enforcing constitutional rights in the Supreme Court of Papua New Guinea: Order 6, section 57, Form 6, service, and the relationship with section 58 damages.
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How Are Supreme Court Costs Taxed?
Taxation of costs in the Supreme Court of Papua New Guinea: Order 12 Divisions 10 and 17 to 39, the timetable, objections, and the certificate of taxation.
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Can I Get Indemnity Costs in the Supreme Court?
Indemnity and solicitor/client costs in the Supreme Court of Papua New Guinea: Order 12 Rules 5, 11 and 30, and how to ask for a different basis.
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How Do I Enforce a Supreme Court Costs Order?
Enforcing a Supreme Court costs order in Papua New Guinea: Order 12 Rules 9, 36 to 39, entry of judgment, interest, and review of a taxation.
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What Is a Notice of Appearance in the Supreme Court?
Notices of appearance in the Supreme Court of Papua New Guinea: Order 11 Rule 2, Form 16, timing, next friends, and combining it with a cross-appeal.
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What Is an Address for Service in the Supreme Court?
Addresses for service in the Supreme Court of Papua New Guinea: Order 11 Rules 3 to 7, the 15-kilometre rule, the Document Exchange Box, and changing your address.
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How Do I Withdraw From a Supreme Court Proceeding?
Withdrawing from a Supreme Court proceeding in Papua New Guinea: Order 11 Division 15, discontinuance under Order 7, ceasing to act, and the costs consequences.
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What Is a Directions Hearing in the Supreme Court?
The Supreme Court directions hearing in Papua New Guinea explained: Order 13 Rule 8 of the Supreme Court Rules 2012, Form 10A, what the Duty Judge checks, who must attend, the directions that can be made, and what happens if you do not comply.
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Who Is the Duty Judge in the Supreme Court?
The Supreme Court Duty Judge in Papua New Guinea: Order 13 Rule 2 of the Supreme Court Rules 2012, what the Duty Judge does at listings, motions and urgent applications, the limits of a single Judge's jurisdiction, and how to get before the Duty Judge.
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What Affidavits Do I Need in the Supreme Court?
Affidavits in the Supreme Court of Papua New Guinea: which applications need them under the Supreme Court Rules 2012, the further evidence procedure in Order 7 Rules 52 to 59, the National Court Rules form of affidavit applied by Order 2 Rule 1, what an affidavit must contain, and the affidavit of service.
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How Do I Get a Sealed Copy of a Supreme Court Order?
Sealed orders in the Supreme Court of Papua New Guinea: section 38 of the Supreme Court Act, entry of orders, the Registrar's role, Order 12 Division 9 entry of costs orders, Order 13 Rule 16(2) orders drafted by the Registrar, the certified copy of an order needed for an Order 10 appeal, and enforcement.
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What If the Appellant Dies Before the Appeal Is Heard?
Death of a party during a Supreme Court appeal in Papua New Guinea: civil appeals continue under Order 5 Rules 10 to 12 of the National Court Rules through Order 2 Rule 1 of the Supreme Court Rules 2012, substitution of the estate, the three-month rule, causes of action that do not survive, criminal appeals and the Public Prosecutor, and what happens when a respondent dies.
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How Do I Appeal a Judicial Review Decision to the Supreme Court?
Appealing a National Court judicial review or habeas corpus decision in Papua New Guinea: Order 10 of the Supreme Court Rules 2012 and Form 15 notice of motion, the SCM file, the 40-day limit under section 17 of the Supreme Court Act, when leave is required, appealing a refusal of leave under Order 16 Rule 3 of the National Court Rules, the appeal book, and why the wrong form makes the appeal incompetent.
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What Does It Mean When the Supreme Court Remits a Case?
Remittal by the Supreme Court of Papua New Guinea: section 16(d) and (e) of the Supreme Court Act, the difference between remitting for further hearing, ordering a new trial and giving judgment under section 16(c), when the Court remits, what the National Court must do on remittal, whether the same Judge hears it, costs, and section 28 new trials in criminal appeals.
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What Happens When the Supreme Court Reserves Its Judgment?
Reserved judgments in the Supreme Court of Papua New Guinea: what "judgment reserved" and "cur adv vult" mean, section 12 of the Supreme Court Act on judgment by fewer than the full bench, section 3 on a Judge unable to continue, how delivery is notified, majority and dissenting opinions under section 7, delay and what a party can do, and the position pending judgment.
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What Are the National Court Rules?
An overview of the PNG National Court Rules 1983: their eight Parts and 23 Orders, what each covers, and how they fit with the National Court Act (Chapter 38).
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Where Do the National Court Rules Come From?
Constitution section 184 and National Court Act section 8: who makes the National Court Rules, why judges make them, and the constitutional independence that underlies the power.
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What Happens if I Do Not Comply With the Rules?
Order 1 Rules 8 to 10 of the PNG National Court Rules 1983: the effect of non-compliance, applications to set aside for irregularity, and the requirement to state objections.
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Can the Court Dispense With the Rules?
Order 1 Rule 7 of the PNG National Court Rules 1983: the power to dispense with compliance, how it is used, and what it cannot reach.
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What if the Rules Do Not Say What to Do?
Order 1 Rule 12 of the PNG National Court Rules 1983: applying for directions where procedure is wanting or in doubt, and the protection those directions give.
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How Is Time Calculated in the National Court?
Order 1 Rules 13 to 16 and Order 2 Rule 3 of the PNG National Court Rules 1983: reckoning time, the meaning of “month”, Registry closures and the vacation.
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Can a Time Limit Be Extended in the National Court?
Order 1 Rule 15 of the PNG National Court Rules 1983: extending and abridging time, retrospective extensions, extension by consent, and the limits of the power.
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What Does the National Court Registry Do?
Order 2 Division 2 of the PNG National Court Rules 1983 and section 7 of the National Court Act: the Registrar, the Registry, filing, serial numbers, searches and review of the Registrar's decisions.
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What Forms Must I Use in the National Court?
Order 1 Rule 11 and Order 2 Division 3 of the PNG National Court Rules 1983: the prescribed forms, substantial compliance, paper size, backsheets and signing of documents.
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How Do I Start a Case in the National Court?
Order 4 of the PNG National Court Rules 1983: the two modes of commencing civil proceedings, what an originating process must contain, filing, and the steps that follow.
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What Is a Writ of Summons?
Order 4 Division 3 of the PNG National Court Rules 1983: the form of a writ of summons, its date and teste, the required endorsements, and concurrent writs.
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What Is an Originating Summons?
Order 4 Division 4 of the PNG National Court Rules 1983: the two forms of originating summons, appointments for hearing, directions, determination and continuation on pleadings.
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What Must Be Endorsed on a Writ?
Order 4 Rules 19 to 22 and Rules 7 to 10 of the PNG National Court Rules 1983: the endorsements required on a writ of summons before it is issued.
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How Long Is a Writ Valid For?
Order 4 Rule 13 of the PNG National Court Rules 1983: the two-year validity of an originating process for service, the bar on extension, and starting again.
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Can a Writ Be Renewed?
Why a writ cannot be renewed in the PNG National Court, the effect of Order 4 Rule 13(2), and what a plaintiff whose writ has lapsed can do instead.
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How Do I File a Proceeding in the National Court?
The practical steps for filing a proceeding in the PNG National Court: what to prepare, where to file, what the Registry does, and what happens next.
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What Is a Notice of Motion?
Order 4 Division 5 of the PNG National Court Rules 1983 and the Motions (Amendment) Rules 2005: the form and contents of a notice of motion, service, and the Motions List.
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Can I Apply Without Notice to the Other Side?
Order 4 Rule 38(2) of the PNG National Court Rules 1983 and the urgent ex parte procedure in the Motions (Amendment) Rules 2005.
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What Affidavit Do I Need With a Motion?
Order 4 Rule 44 of the PNG National Court Rules 1983 and Rule 12 of the Motions (Amendment) Rules 2005: the affidavit supporting a motion and the filing timetable.
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What Is an Ex Parte Originating Summons?
Proceedings without a defendant in the PNG National Court: the form of title, obtaining a hearing, and the statutory applications commonly brought this way.
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Can Two Proceedings Be Consolidated?
Consolidating related proceedings in the PNG National Court: the listings mention, the directions powers, separate trials under Order 5 Rule 6, and section 155(4).
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What Is the Time Limit for Starting a Claim?
Limitation of actions in Papua New Guinea: the Frauds and Limitations Act 1988, the section 5 notice to the State, and why rules of court cannot save a late claim.
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Can I Join More Than One Claim in One Proceeding?
Joinder of causes of action under Order 5 Rule 1 of the PNG National Court Rules 1983: same capacity, executors, leave, and separate trials where joinder is inconvenient.
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What Is a Next Friend or Guardian at Law?
Next friends and guardians at law in the PNG National Court: the definitions, appointment, the certificate requirements, mentally disordered persons, removal and liability.
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Can I Sue a Business Name?
Suing an unregistered business name in the PNG National Court under Order 5 Division 3: commencement, service, notice of intention to defend and amendment to the real name.
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How Do I Sue a Company?
Suing a company in the PNG National Court: the correct name, service under Companies Act 1997 sections 431 and 433, overseas companies, and the rule that a corporation must act by a solicitor.
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What Happens if a Party Dies During a Case?
Death and bankruptcy of a party in the PNG National Court: Order 5 Rules 10 to 12 and 16, substitution, the three-month rule, and which causes of action survive.
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How Do I Serve a Writ?
Service of documents in the PNG National Court under Order 6: personal service of originating process, ordinary service, address for service, acceptance by solicitor and service by filing.
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What Is Substituted Service?
Substituted service under Order 6 Rule 12 of the PNG National Court Rules 1983, confirmation of informal service under Rule 13, the affidavit required, and what orders the Court makes.
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How Do I Serve a Company?
Serving a company or other corporation in the PNG National Court: Companies Act sections 431 and 433, Order 6 Rule 3, statutory bodies, associations and proof of service.
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How Do I Serve the State?
Service of process on the State in Papua New Guinea under section 7 of the Claims By and Against the State Act 1996, the section 5 notice, and the time and place restrictions.
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How Do I Prove Service?
Proving service in the PNG National Court: the Order 6 Rule 18 affidavit of service, who must swear it, deemed service, and why it matters for default judgment.
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Can I Serve a Writ Outside Papua New Guinea?
Service of originating process outside Papua New Guinea under Order 6 Division 2 of the National Court Rules 1983: the Rule 19 categories and the Rule 20 requirement of leave.
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Do I Need Leave to Serve Outside Papua New Guinea?
Leave to serve outside Papua New Guinea under Order 6 Rule 20 of the National Court Rules 1983: the prima facie case test, the affidavit requirements, confirmation and waiver.
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How Is Service Outside Papua New Guinea Actually Effected?
The Order 6 Division 3 procedure for serving documents abroad from the PNG National Court: lodgement, translation, the request and undertaking, transmission and proof of service.
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What Is a Notice of Intention to Defend?
Notice of intention to defend in the PNG National Court under Order 7 of the National Court Rules 1983: Form 15, what it must show, how to give it, late notice and its effect.
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What Is a Conditional Notice of Intention to Defend?
Order 7 Rules 7 and 8 of the PNG National Court Rules 1983: conditional notice of intention to defend, the four grounds, the 14-day window and the freeze on the plaintiff.
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Can I Get More Time to Defend?
Extensions of time to file a defence in the PNG National Court: Order 1 Rule 15, consent extensions, what the Court looks for, and the limits on the power.
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What Must a Pleading Contain?
Form and manner of pleading in the PNG National Court under Order 8 Rules 7 to 20A: material facts, brevity, alternatives, points of law, departure, and pleading the underlying law.
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What Must Not Go in a Pleading?
What is prohibited in a PNG National Court pleading: evidence, prolixity, departure, the general issue, and the Order 8 Rule 27 striking-out power.
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What Is a Defence?
The defence in the PNG National Court under Order 8 Rules 4, 14, 21, 24 to 26: Form 16, the 14-day period, traverse, verification, set-off and tender.
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Can a Pleading Be Struck Out?
Striking out a pleading in the PNG National Court under Order 8 Rule 27: the three grounds, evidence, partial striking out, leave to replead, and the alternatives in Order 12.
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What Is a Cross-Claim?
Cross-claims in the PNG National Court under Order 8 Division 3: Forms 20 and 21, timing, service, directions, default, and contribution claims.
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How Do I Amend a Pleading?
Amendment of pleadings in the PNG National Court under Order 8 Division 4: amendment without leave, leave to amend, disallowance, the mode of amendment and service afterwards.
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How Do I Discontinue a Proceeding?
Discontinuance and withdrawal in the PNG National Court under Order 8 Division 5: the three routes, the mode, the effect on a later action, and the stay to secure costs.
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What Is Payment Into Court?
Payment into Court in the PNG National Court under Order 8 Division 6: bringing money in, notice of deposit, acceptance, non-disclosure, security and payment out.
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What Are the Special Rules for Defamation Pleadings?
Defamation pleadings in the PNG National Court under Order 8 Division 7: particulars of publication and innuendo, fair comment, good faith, payment into Court and the statement in open Court.
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What Is the Close of Pleadings?
Close of pleadings in the PNG National Court under Order 8 Rule 23: how the date is fixed, implied joinder of issue, and what rights end when pleadings close.
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What Is Discovery in the National Court?
Discovery in the PNG National Court under Order 9 of the National Court Rules 1983: notice for discovery, lists of documents, interrogatories, admissions and the limits on the process.
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How Do I Get Discovery of Documents?
Obtaining discovery in the PNG National Court under Order 9 Rules 1 to 8: the notice for discovery, verification, co-defendants, general discovery and particular discovery.
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What Documents Are Privileged?
Privilege from production in the PNG National Court under Order 9 Rules 6, 13 and 16: legal professional privilege, self-incrimination, public interest immunity and how a claim is tested.
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What Happens if a Party Does Not Give Discovery?
Default in discovery in the PNG National Court under Order 9 Rule 15: dismissal, striking out a defence, enforcement by committal, and the solicitor’s duty to notify.
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What Are Interrogatories?
Interrogatories in the PNG National Court under Order 9 Division 2: notice in Form 34, the 14-day period, one notice only, limitation by the Court, and orders to answer.
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How Do I Answer Interrogatories?
Answering interrogatories in the PNG National Court under Order 9 Rules 22 to 26: the statement, the three grounds of objection, insufficient answers, default and use at trial.
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What Is a Notice to Admit Facts?
Notices to admit facts and documents in the PNG National Court under Order 9 Division 3: the 14-day rule, voluntary admissions, judgment on admissions and withdrawal by leave.
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What Is a Notice to Produce Documents?
Notices to produce and inspection in the PNG National Court under Order 9 Rules 9 to 13: Form 32, the four-day response, orders for production, and production to the Court.
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Can I Get Discovery From a Non-Party?
Obtaining documents from non-parties in the PNG National Court: discovery before suit under Order 3, summonses to produce under Order 11, and conduct money.
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Can the Court Order a Medical Examination?
Medical examinations in the PNG National Court under Order 9 Division 4: the notice in Form 39, expenses, refusal and stay, orders for examination, and the exchange of reports.
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How Do I Get an Injunction in the National Court?
Obtaining an injunction in the PNG National Court: Order 14 Rule 9, applications before commencement, the notice of motion, service by telegram, and the Constitution section 155(4) power.
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What Must I Prove to Get an Interim Injunction?
The test for an interlocutory injunction in Papua New Guinea: serious question, adequacy of damages, balance of convenience, undertaking and the duty of full disclosure.
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Can I Get an Injunction Without Notice?
Urgent ex parte applications in the PNG National Court under the Motions Rules: contacting the Registrar, the required documents, dispensation with service, return dates and setting aside.
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What Is a Freezing Order?
Freezing orders in the PNG National Court: the source of the power, what must be shown, the standard safeguards, third parties such as banks, and enforcement.
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How Do I Preserve Property Until Trial?
Interim preservation of property in the PNG National Court under Order 14 Division 2: detention and custody, funds paid into Court, sale of perishable property, interim distribution and income.
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What Is a Stay of Proceedings?
Stays of proceedings in the PNG National Court: Order 12 Rule 40, security for costs, automatic stays, stays pending appeal, and the difference between a stay and a dismissal.
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How Do I Set Aside an Interlocutory Order?
Setting aside interlocutory orders in the PNG National Court: the Motions Rules requirement to return to the same judge, grounds, the slip rule, and when an appeal is the only route.
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What Is an Interpleader?
Interpleader in the PNG National Court under Order 14 Division 7: stakeholder relief, the Sheriff, the neutrality requirement, the Court’s powers and barring orders.
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Can I Appeal an Interlocutory Order?
Appealing interlocutory orders of the PNG National Court: section 14 of the Supreme Court Act, when leave is required, the three exceptions, and the standard for interfering with a discretion.
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How Is a Case Set Down for Trial?
Setting down for trial in the PNG National Court under Order 10 Division 1 and the Listings Rules 2005: Form 40, the six-week rule, endorsement by the other side, and dismissal for want of prosecution.
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What Happens at a National Court Trial?
The conduct of a civil trial in the PNG National Court under Order 10 Division 2: the beginning party, opening and closing addresses, the election to call evidence, and judgment by direction.
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What Is a Statement of Agreed and Disputed Facts?
The statement of agreed and disputed facts and legal issues in the PNG National Court: Schedule B to the Listings Rules 2005, its three parts, the pleadings book, and why it shortens trials.
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How Are Damages Assessed?
Assessment of damages in the PNG National Court under Order 10 Division 3: setting down for assessment, continuing causes of action, proof, and the special position of the State.
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How Do I Summon a Witness?
Summonses to give evidence in the PNG National Court under Order 11 Division 1: Forms 42 to 46, issue by the Registrar, conduct money, service, and setting a summons aside.
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What Is a Summons for Production?
Summonses for production in the PNG National Court under Order 11 Rules 1 to 7: production by a non-party, delivery to the Registrar, receipts, conduct money and setting aside.
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What Is Evidence by Deposition?
Evidence by deposition in the PNG National Court under Order 11 Division 2: orders for examination, examiners, letters of request, objections, authentication and default of a witness.
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How Do I Prepare an Affidavit?
Affidavits in the PNG National Court under Order 11 Division 3: Form 50, paragraphs, signing every page, illiterate or blind deponents, alterations, annexures, filing and service.
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Can a Witness Give Evidence From Overseas?
Evidence from witnesses overseas in the PNG National Court: examination before an examiner abroad, letters of request, translation, expenses and the mode of giving evidence.
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What Is Default Judgment?
Default judgment in the PNG National Court under Order 12 Division 3: the three defaults, liquidated demands, unliquidated damages, detinue, possession of land and mixed claims.
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How Do I Get Default Judgment?
Obtaining default judgment in the PNG National Court under Order 12 Rules 32 to 36: proof of service, proof of default, general applications, judgment for costs alone, and other claims.
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How Do I Set Aside a Default Judgment?
Setting aside a default judgment in the PNG National Court under Order 12 Rules 8 and 35: the two rules, regular and irregular judgments, what the affidavit must show, and terms.
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What Is Summary Judgment?
Summary judgment in the PNG National Court under Order 12 Division 4: the two evidential requirements, the excluded claims, cross-claims, and judgment on admissions.
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Can a Proceeding Be Dismissed as an Abuse of Process?
Dismissal under Order 12 Rule 40 of the PNG National Court Rules 1983: the three grounds, evidence, partial dismissal, the residue of proceedings, and the relationship with Order 8 Rule 27.
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What Is the Slip Rule?
The slip rule in the PNG National Court under Order 8 Rule 59: clerical mistakes, accidental slips, what it cannot do, and the alternatives where the decision itself is wrong.
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What Is a Consent Order?
Consent orders in the PNG National Court: where the Rules provide for consent, no appeal from a consent order, settlement terms, and consent orders in special cases.
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Can I Get Interest on a Judgment?
Interest on judgments in the PNG National Court: Order 12 Rule 6, the 8% rate, interest on default judgments, pre-judgment interest and claiming it in the pleading.
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What Is a Declaratory Judgment?
Declaratory judgments in the PNG National Court: Order 10 Rule 23, commencement by originating summons, declarations in judicial review, and their limits.
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Can a Judgment Be Stayed Pending Appeal?
Stays pending appeal from the PNG National Court: why an appeal does not suspend a judgment, where to apply, what must be shown, and alternatives such as security.
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How Do I Enforce a National Court Judgment?
Enforcement of judgments in the PNG National Court under Order 13: the means available for money, land, goods and acts, and the requirement to serve the minute first.
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What Is a Garnishee Order?
Garnishee proceedings in the PNG National Court under Order 13 Division 7: leave, Form 60, bank accounts, attachment on service, payment into Court and the garnishee’s protection.
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How Do I Garnishee Wages or a Bank Account?
Garnisheeing wages and bank accounts in the PNG National Court: the two-thirds cap on salary, deposit account conditions, the motion for payment, disputes and discharge of the garnishee.
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What Is a Stop Order?
Stop orders over funds in Court in the PNG National Court under Order 13 Rule 67: who may apply, the two procedures, the prohibition on serving strangers, and costs.
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What Does the Sheriff Do?
The Sheriff’s role in the PNG National Court under Order 13 Division 6: executing process, poundage rates, suspension of execution, notice not to pay over money, and detention.
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What Is a Sheriff’s Interpleader?
Sheriff’s interpleader in the PNG National Court under Order 13 Division 5: notice of claim in Form 59, admission by the execution creditor, the four-day period, and the Sheriff’s protection.
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How Do I Enforce a Judgment for Possession of Land?
Enforcing a judgment for possession of land in the PNG National Court under Order 13 Rule 3: the writ of possession, leave, occupiers, and multiple defendants.
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What Is Contempt of Court?
Contempt of court in the PNG National Court under Order 14 Division 6: contempt in the face of the Court, statement of charge, evidence by affidavit, personal service and arrest.
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What Is Judicial Review?
Judicial review in the PNG National Court under Order 16 of the National Court Rules 1983: the prerogative orders, leave, declarations and injunctions, and Constitution section 155.
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What Decisions Can Be Judicially Reviewed?
What may be judicially reviewed in Papua New Guinea: public power, tribunals, lower courts, and the boundary between public-law review and private-law claims.
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How Do I Apply for Leave for Judicial Review?
Applying for leave for judicial review in the PNG National Court under Order 16 Rule 3: the originating summons, the statement, the affidavit, notice to the Secretary for Justice, and terms.
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What Is the Time Limit for Judicial Review?
Time limits for judicial review in the PNG National Court under Order 16 Rule 4: the four-month period for certiorari, undue delay, and statutory time limits that override.
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What Are the Grounds of Judicial Review?
Grounds of judicial review in Papua New Guinea: excess of jurisdiction, breach of natural justice, error of law, irrelevant considerations, improper purpose and unreasonableness.
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What Is a Breach of Natural Justice?
Natural justice in Papua New Guinea: Constitution section 59, the right to be heard, bias, the duty to give reasons, and section 41 proscribed acts.
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What Is Unreasonableness as a Ground of Review?
Unreasonableness as a ground of judicial review in Papua New Guinea: the Wednesbury standard, Constitution section 41 proscribed acts, and the limits of the ground.
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What Happens at the Substantive Judicial Review Hearing?
The substantive judicial review hearing in the PNG National Court under Order 16 Rules 5, 6 and 9: the Notice of Motion, service, affidavits of service, and who may be heard.
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What Orders Can the Court Make on Judicial Review?
Remedies on judicial review in the PNG National Court under Order 16 Rules 7 and 9: quashing, remitter, declarations, injunctions, damages, and conversion to a writ action.
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Does Judicial Review Stay the Decision?
Stays and interim relief in PNG judicial review under Order 16 Rule 3(8): when leave operates as a stay, interim relief for other claims, and restrictions on orders against the State.
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Can the Court Start a Human Rights Case Itself?
Court-initiated human rights proceedings in PNG under Order 23 Rules 8 and 9: the HROI file reference, Form 126, informal action in urgent cases, and Form 127 statements.
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How Do I File a Human Rights Application?
Filing a human rights application in the PNG National Court under Order 23 Rule 7: Form 124, the HRA reference, free filing, identifying the right with precision, and requests to be placed on the List.
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What Orders Can the Court Make to Enforce a Right?
Remedies for breach of Basic Rights in Papua New Guinea under Constitution section 57: orders and declarations, relief before infringement, adjournment of other proceedings, and additional jurisdiction.
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How Do I Sue the State?
Suing the State in Papua New Guinea under the Claims By and Against the State Act 1996: the right to sue, the section 5 notice, service, the defence period, and enforcement.
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What Is a Section 5 Notice?
The section 5 notice under the PNG Claims By and Against the State Act 1996: what it is, why it matters, how it is given, and what it must contain.
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Can a Late Section 5 Notice Be Allowed?
Extending the section 5 notice period in Papua New Guinea: who may extend it, the sufficient cause test, what to put in the application, and Order 23 Rule 5(j).
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Who Do I Give the Section 5 Notice To?
Who receives a section 5 notice in Papua New Guinea: the two officers named in the Act, the permitted methods of delivery, the statutory hours, and proving it was given.
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How Do I Serve Court Documents on the State?
Service of process on the State in Papua New Guinea under section 7 of the Claims By and Against the State Act 1996: the two officers, the two methods, the hours, and proving service.
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How Long Does the State Have to File a Defence?
The State’s time to file a defence in Papua New Guinea under section 9 of the Claims By and Against the State Act 1996: the four periods, extensions, and the effect on default judgment.
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Can I Get Default Judgment Against the State?
Default judgment against the State in Papua New Guinea under section 12(3) of the Claims By and Against the State Act 1996: the debt-only exception, the longer default period, and proof of service.
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Can I Execute a Judgment Against the State?
Why execution does not lie against the State in Papua New Guinea, what section 13 provides instead, and the contrasting position where the State is the judgment creditor.
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How Is a Judgment Against the State Paid?
Satisfaction of a judgment against the State in Papua New Guinea under section 14 of the Claims By and Against the State Act 1996: the certificate, the 60 days, instalments, and remedies for delay.
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What Are the ADR Rules 2022?
The Alternative Dispute Resolution Rules 2022 in Papua New Guinea: their statutory basis, structure, the forms of ADR they recognise, and how they changed National Court practice.
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Can the Court Order Me to Go to Mediation?
Court-ordered mediation in Papua New Guinea: section 7B of the National Court Act, Order 2 of the ADR Rules 2022, the ten grounds for dispensation, and how to apply for leave.
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What Happens at a Court-Ordered Mediation?
The mediation process in the PNG National Court under Order 2 of the ADR Rules 2022: timing, who must attend, the parties’ duties, lawyers’ duties, and the mediator’s certificate.
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Who Can Be a Mediator?
Who may act as a mediator in Papua New Guinea under the ADR Rules 2022: accreditation, the fit and proper person test, practising certificates, and internal and external mediators.
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What Duties Does a Mediator Owe?
The duties of a mediator in Papua New Guinea under Order 4 of the ADR Rules 2022: integrity, competence, diligence, conflict of interest, power and safety, and procedural fairness.
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What Happens If the Mediation Succeeds?
Successful mediation in the PNG National Court: the written agreement, the mediator’s certificate, enforcement under Order 2 Rule 13 of the ADR Rules 2022, and consent orders under section 7D(3).
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What Happens If I Do Not Attend the Mediation?
Consequences of failing to attend or participate in a court-ordered mediation in Papua New Guinea: bad faith certificates and the orders available under Order 2 Rule 11 of the ADR Rules 2022.
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Who Pays for the Mediation?
The cost of court-ordered mediation in Papua New Guinea: the Schedule 3 processing fee, external mediators’ fees under Order 2 Rule 7, internal mediation, and refunds.
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Can a Mediator Be Disciplined?
Discipline of mediators in Papua New Guinea under Order 5 of the ADR Rules 2022: complaints, the Complaints Officer, the Complaints Authority, the penalties, and appeals.
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What Is the Commercial List?
The Commercial List of the PNG National Court under Order 10A: its purpose, the Commercial List Judge and Clerk, the COMM file reference, and how the list differs from the ordinary civil track.
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What Cases Go on the Commercial List?
Which proceedings qualify for the PNG National Court Commercial List under Order 10A Rule 8 and Rule 9: the K500,000 threshold, the fifteen categories, and the exclusions.
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How Do I Get a Case onto the Commercial List?
Applying to have a case listed on the PNG National Court Commercial List: Order 10A Rules 10 to 14, the listing statement in Schedule A, the draft order, and the respondent’s obligations.
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What Are the Time Limits on the Commercial List?
The Commercial List timetable in the PNG National Court under Order 10A Schedule B: expert reports, statements of evidence, document tender, supplementary discovery, and the pre-trial filings.
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How Do I File an Election Petition?
Filing an election petition in the PNG National Court under the Election Petition Rules 2017 and Part XVIII of the Organic Law: where to file, the fee, the security deposit, and the respondents.
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What Is the Time Limit for an Election Petition?
The 40-day time limit for an election petition in Papua New Guinea under section 208(e) of the Organic Law, why it cannot be extended, and the other deadlines that follow filing.
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What Must an Election Petition Contain?
The requisites of an election petition in Papua New Guinea under section 208 of the Organic Law and Form 1 of the Election Petition Rules 2017: facts, relief, signature and attestation.
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What Security Deposit Is Required for an Election Petition?
The K5,000 security deposit for an election petition in Papua New Guinea under section 209 of the Organic Law and Rule 7 of the Election Petition Rules 2017 — and how it is paid out.
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What Are the Grounds for an Election Petition?
Grounds for an election petition in Papua New Guinea: sections 215 and 218 of the Organic Law, illegal practices under section 178, and the “likely to be affected” threshold.
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What Is an Objection to Competency in an Election Petition?
Objections to competency in PNG election petitions: Rule 12 of the Election Petition Rules 2017, section 210 of the Organic Law, the common grounds, and how Rule 22 limits them.
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What Orders Can the Court Make on an Election Petition?
Orders available on a PNG election petition under section 212 of the Organic Law, the effect of a decision under section 226, and the automatic voiding under section 215(1).
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Can an Election Petition Be Withdrawn?
Withdrawing an election petition in Papua New Guinea: the absence of any discontinuance provision in the Organic Law and the Election Petition Rules 2017, and the routes that do exist.
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Who Pays the Costs of an Election Petition?
Costs in a PNG election petition: sections 223 to 225 of the Organic Law, Rules 19 and 20 of the Election Petition Rules 2017, the costs scale, and review of taxation.
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How Do I Apply for Bail in the National Court?
Bail in the PNG National Court: Constitution section 42(6), sections 4, 6, 9 and 13 of the Bail Act (Chapter 340), the nine grounds of refusal, and further applications.
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What Happens at a National Court Criminal Trial?
The conduct of a criminal trial in the PNG National Court under the Criminal Practice Rules 2022: admissions, alibi notice, objections to evidence, voir dire, exhibits and the verdict.
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What Are the Fraud and Corruption Rules?
The fraud and corruption regime in the PNG National Court: Order 4 of the Criminal Practice Rules 2022, the FC List, Schedule 2 offences, and the history of the 2013 Rules.
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Can I Appeal a Conviction or Sentence?
Appealing a criminal conviction or sentence in Papua New Guinea: Order 12 of the Criminal Practice Rules 2022, appeals to the National Court, review under Constitution section 155(3)(a), and appeals to the Supreme Court.
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What Is a No-Case Submission?
No-case submissions in the PNG National Court: Order 7 Rule 7 of the Criminal Practice Rules 2022, when the submission is made, and how it differs from a demurrer or a stay.
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How Do I Apply for Probate?
Applying for probate in the PNG National Court under Order 19 of the National Court Rules 1983: the summons in Form 70, the newspaper notice, the Registrar’s powers and delay.
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What Are Letters of Administration?
Letters of administration in Papua New Guinea under Order 19 Rule 25 of the National Court Rules: the evidence required, consents of others entitled, the administration bond and sureties.
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What Documents Do I Need to Apply for Probate?
The documents required for a probate application in Papua New Guinea under Order 19 Rule 24 of the National Court Rules 1983, including the forms, the marking of the will, and renunciation.
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What Is a Caveat in Probate?
Probate caveats in Papua New Guinea under Order 19 Division 10 of the National Court Rules 1983: the two kinds, duration, withdrawal, and orders that a caveat cease to be in force.
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What Is a Citation in Probate?
Citations in PNG probate under Order 19 Division 9 of the National Court Rules 1983: the three kinds, how they issue, service, time to answer, and electing to be a defendant.
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What Is Administration of a Small Estate?
Administration of small estates in Papua New Guinea under Order 19 Division 13 of the National Court Rules 1983: applying to a Distributor, the fees, and challenging a Distributor’s act.
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What Is the Time Limit for an Appeal to the National Court?
Time limits and conditions precedent on appeals to the PNG National Court: where they come from, the OS (App) application under Order 18 Division 1A, and summary determination for non-compliance.
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How Is an Appeal to the National Court Conducted?
Conducting an appeal in the PNG National Court under Order 18 Division 1A: the Appeal Book, transcripts, fresh evidence, the pre-hearing and status conferences, and the hearing.
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What Is a Taxation Appeal?
Taxation appeals in the PNG National Court under Order 18 Division 2 of the National Court Rules 1983: forwarding an objection, appeals from the Review Tribunal, and references of questions of law.
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How Do I Appeal from the National Court to the Supreme Court?
Appealing from the PNG National Court to the Supreme Court: sections 4, 6, 14, 17, 18 and 19 of the Supreme Court Act (Chapter 37) and the Supreme Court Rules 2012.
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Who Pays the Costs of a National Court Case?
Costs in the PNG National Court under Order 22 of the National Court Rules 1983: the general rule, when an order is needed, the specific costs rules, and the bases of taxation.
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What Are Solicitor and Client Costs?
Solicitor and client costs in Papua New Guinea under Order 22 Rules 34 and 35 of the National Court Rules 1983: what is allowed, client approval, unusual costs, and disabled clients.
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When Will the Court Order Indemnity Costs?
Indemnity costs in Papua New Guinea: what Order 22 of the National Court Rules 1983 actually provides, the solicitor and client basis, and the express power in the ADR Rules 2022.
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How Are Costs Taxed?
Taxation of costs in the PNG National Court under Order 22 Divisions 3 and 4 of the National Court Rules 1983: the application, the hearing, the taxing officer’s powers, and the certificate.
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Can I Object to a Bill of Costs?
Objecting to a bill of costs in the PNG National Court: attending the taxation, review under Order 22 Rules 60 and 61 of the National Court Rules 1983, and the limits on a review.
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Can a Lawyer Be Ordered to Pay Costs Personally?
Personal costs orders against lawyers in Papua New Guinea under Order 22 Rule 65 of the National Court Rules 1983, and the taxing officer’s powers under Rules 56 and 57.
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Do I Get My Costs If I Win Against the State?
Costs against the State in Papua New Guinea: section 11 of the Claims By and Against the State Act 1996, no execution under section 13, and satisfaction through the section 14 certificate.
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How Do I Apply for Habeas Corpus?
Applying for a writ of habeas corpus in Papua New Guinea under Order 17 Rules 1 to 3 of the National Court Rules 1983: the summons, the affidavit, infants, and refusal.
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What Is Discovery Before Suit?
Discovery before suit in Papua New Guinea under Order 3 of the National Court Rules 1983: the three conditions, the orders available, procedure, conduct money and costs.
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What Is an Admiralty Proceeding?
Admiralty proceedings in the PNG National Court under Order 21 of the National Court Rules 1983: actions in rem, arrest, caveats, preliminary acts, limitation actions and sale.
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How Does Arbitration Work Under the National Court Rules?
Court-referred arbitration in Papua New Guinea under Order 14 Division 8 of the National Court Rules 1983: notice, the award, remuneration, service, and setting aside.
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How Does the National Court Deal with Children?
Children in the PNG National Court under Order 20 of the National Court Rules 1983: custody and guardianship applications, adoption orders, dispensing with notice and consent.
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What Does It Cost to Run a National Court Case?
The cost of a National Court case in Papua New Guinea: court fees, legal fees, disbursements, the risk of adverse costs, and the specific costs rules that apply.
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How Long Does a National Court Case Take?
How long a case takes in the PNG National Court: the Rules’ timetables, the listing process under Order 10 Rule 9A, mediation, and the specialist tracks with their own targets.
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Do I Need a Lawyer in the National Court?
Whether you need a lawyer in the PNG National Court: representation of corporations, election petitions, criminal matters, and where to get help.
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Can I Represent Myself in the National Court?
Representing yourself in the PNG National Court: the protections in Order 1, address for service, the practical requirements, and the limits.
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How Do I Get an Adjournment?
Adjournments in the PNG National Court: the discipline in the Rules, who bears the costs, the consequences of not appearing, and how to make the application.
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How Should I Behave in the National Court?
Conduct in the PNG National Court: attendance, the open court principle, scandal in documents, contempt, and the standards the Rules set for parties and lawyers.
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Where Can I Get Free Legal Help?
Free and low-cost legal help in Papua New Guinea: the Public Solicitor, free filing of human rights proceedings, fee-free criminal applications, internal mediation and Registrar assistance.
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What Are the Two Kinds of Marriage in PNG?
The two valid forms of marriage in Papua New Guinea under the Marriage Act (Chapter 280), how they differ, and how they interact.
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What Is a Customary Marriage?
Section 3 of the PNG Marriage Act (Chapter 280): customary marriage, how custom is proved, and what makes such a marriage valid.
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Is a Customary Marriage Recognised for All Purposes?
Section 3(2) of the PNG Marriage Act (Chapter 280): the full recognition of customary marriage and what it means across the rest of the law.
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Can You Have a Customary and a Statutory Marriage?
Section 71(8) of the PNG Marriage Act (Chapter 280): combining a customary marriage with a statutory ceremony, and the bar on marrying two different people.
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What Does the Marriage Act Mean by “Native”?
The undefined term “native” in section 3 of the PNG Marriage Act (Chapter 280), its origin, and how it falls to be read today.
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Can a Couple Have a Second Marriage Ceremony?
Section 71 of the PNG Marriage Act (Chapter 280): the prohibition on second ceremonies and the four exceptions, including the doubt procedure and religious ceremonies.
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How Do I Prove a Marriage in PNG?
How to prove a marriage in Papua New Guinea: certificates and judicial notice under the Marriage Act, and proving a customary marriage by evidence.
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Is Polygamy Legal in PNG?
Polygamy in Papua New Guinea: customary polygamous marriage, the statutory bar in sections 17 and 57 of the Marriage Act, and where the two systems collide.
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What Is Bride Price in PNG Law?
Bride price in Papua New Guinea law: its place in customary marriage, its role in proof, its treatment on dissolution, and its limits.
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What Happens to Marriages That Took Place Before the Act?
Section 2 of the PNG Marriage Act (Chapter 280): the commencement date of 21 January 1965 and the position of earlier marriages.
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What Is the Marriageable Age in PNG?
Section 7 of the PNG Marriage Act (Chapter 280): the marriageable ages, the exceptional order procedure, and how it interacts with the Lukautim Pikinini Act 2015.
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What Is Child Marriage Under PNG Law?
Section 86 of the PNG Lukautim Pikinini Act 2015: the child marriage offence, how it applies to customary marriage, and its relationship with the Marriage Act.
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When Is a Marriage Void?
Section 17 of the PNG Marriage Act (Chapter 280): the five grounds on which a marriage is void, including duress, fraud and mistake.
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Can a Court Allow a Marriage Within Prohibited Degrees?
Sections 20 and 21 of the PNG Marriage Act (Chapter 280): applying to a Judge for permission to marry within the prohibited degrees.
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When Is a Marriage Voidable?
Section 22 of the PNG Marriage Act (Chapter 280): the four grounds on which a marriage is voidable, and the definition of “mental defective”.
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What Is the Difference Between a Void and a Voidable Marriage?
Void and voidable marriages compared under the PNG Marriage Act (Chapter 280) and Matrimonial Causes Act (Chapter 282), and why the distinction matters.
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What Happens to Children of a Void Marriage?
Section 54 of the PNG Marriage Act (Chapter 280): the legitimacy of children of a void marriage, the reasonable belief test, and the property saving.
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How Is a Statutory Marriage Solemnised?
An overview of Part V of the PNG Marriage Act (Chapter 280): the steps to a valid statutory marriage.
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What Words Must Be Said at a Marriage Ceremony?
Section 40 of the PNG Marriage Act (Chapter 280): the form of ceremony, the statutory words, and the conclusive evidence rule in section 40(3).
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What Is Bigamy?
Section 57 of the PNG Marriage Act (Chapter 280): the bigamy offence, the presumption-of-death defence, and the exemption for customary polygamy.
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What Is Legitimation by Marriage?
Sections 51 to 53 of the PNG Marriage Act (Chapter 280): legitimation by the subsequent marriage of the parents, the connecting factors, and foreign legitimations.
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What Is a Matrimonial Cause?
Section 1 of the PNG Matrimonial Causes Act (Chapter 282): what a matrimonial cause is, which court hears one, and the customary marriage exclusion in section 4.
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What Is Adultery as a Ground for Divorce?
Section 17(a) of the PNG Matrimonial Causes Act (Chapter 282): adultery as a ground for dissolution, joinder of the adulterer, and the bars that apply.
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What Is Desertion as a Ground for Divorce?
Section 17(b) of the PNG Matrimonial Causes Act (Chapter 282): desertion, its elements, the two-year period, and the extensions in sections 19 and 20.
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What Is Constructive Desertion?
Section 18 of the PNG Matrimonial Causes Act (Chapter 282): constructive desertion, its two elements, and why intention is irrelevant.
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What Is Separation as a Ground for Divorce?
Sections 17(m) and 25 of the PNG Matrimonial Causes Act (Chapter 282): the separation ground, the five-year period, and the six qualifications in section 25.
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Can I Divorce for Habitual Drunkenness?
Section 17(f) of the PNG Matrimonial Causes Act (Chapter 282): habitual drunkenness and drug intoxication as a ground for dissolution.
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Can I Divorce for Unsoundness of Mind?
Sections 17(l) and 24 of the PNG Matrimonial Causes Act (Chapter 282): unsoundness of mind as a ground for dissolution, and the conditions that must persist to the hearing.
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What Are Condonation, Connivance and Collusion?
Sections 27 and 28 of the PNG Matrimonial Causes Act (Chapter 282): the absolute bars of condonation, connivance and collusion.
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What Are the Discretionary Bars to Divorce?
Section 29 of the PNG Matrimonial Causes Act (Chapter 282): the four discretionary bars, how they differ from the absolute bars, and how the discretion is exercised.
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What Is a Decree of Nullity?
Sections 35 to 39 of the PNG Matrimonial Causes Act (Chapter 282): decrees of nullity, who may petition, the restrictions, and the effect of a decree.
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What Is Incapacity to Consummate a Marriage?
Sections 36(a) and 37 of the PNG Matrimonial Causes Act (Chapter 282): incapacity to consummate, the conditions for a decree, and the harsh and oppressive bar.
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What Is Judicial Separation?
Sections 40 and 41 of the PNG Matrimonial Causes Act (Chapter 282): judicial separation, its grounds, and which divorce provisions apply to it.
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What Is Jactitation of Marriage?
Sections 53 and 54 of the PNG Matrimonial Causes Act (Chapter 282): the decree of jactitation of marriage, its elements, and the discretion to refuse.
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Which Court Hears a Divorce?
Section 14 of the PNG Matrimonial Causes Act (Chapter 282): the jurisdiction of the National Court, the domicile requirements, and the six-month Australian rule.
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What if the Wife Lives in a Different Country?
Section 15 of the PNG Matrimonial Causes Act (Chapter 282): the special provisions on a wife's domicile, and why they were needed.
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How Do I Start Divorce Proceedings?
Sections 56 and 57 of the PNG Matrimonial Causes Act (Chapter 282): instituting proceedings by petition, cross-petitions in the answer, and entitlement to a decree.
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What Is a Decree Nisi?
Section 58 of the PNG Matrimonial Causes Act (Chapter 282): the decree nisi, why the Act requires one, and what happens between nisi and absolute.
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What Happens to a Divorce When There Are Children Under 16?
Section 59 of the PNG Matrimonial Causes Act (Chapter 282): the requirement to satisfy the court about arrangements for children under 16 before a decree becomes absolute.
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Can a Decree Nisi Be Rescinded?
Sections 62, 63 and 69 of the PNG Matrimonial Causes Act (Chapter 282): rescission of a decree nisi on reconciliation, on miscarriage of justice, and on intervention.
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Can a Court Order Someone to Sign a Document?
Section 77 of the PNG Matrimonial Causes Act (Chapter 282): execution of deeds and instruments by order of the court where a party refuses to sign.
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What Orders Can Be Made if a Petition Is Dismissed?
Section 78 of the PNG Matrimonial Causes Act (Chapter 282): when Part VII orders survive the dismissal of a petition for principal relief.
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How Is a Maintenance Order Enforced?
Part X of the PNG Matrimonial Causes Act (Chapter 282), sections 86 to 88: attachment, recovery as a judgment debt, enforcement against an estate, and summary registration.
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What Happens to Costs in a Matrimonial Cause?
Sections 97 and 98 of the PNG Matrimonial Causes Act (Chapter 282): costs, security for costs, and the dismissal of frivolous or vexatious proceedings.
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What Are the Matrimonial Causes Rules 2022?
The Matrimonial Causes Rules 2022 of Papua New Guinea: what they are, the twenty-odd matters the Matrimonial Causes Act leaves to them, and how to find them.
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How Do I File a Petition for Divorce in PNG?
Filing a divorce petition in Papua New Guinea: section 56 of the Matrimonial Causes Act (Chapter 282), what the petition must contain, and the documents filed with it.
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How Is a Divorce Petition Served?
Section 94 of the PNG Matrimonial Causes Act (Chapter 282): service of process in and outside Papua New Guinea, substituted service and dispensation.
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What Happens at the Hearing of a Divorce Petition?
The hearing of a divorce petition in Papua New Guinea: reconciliation, evidence, section 57 entitlement to a decree, the section 59 declaration and the decree nisi.
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What Is the Lukautim Pikinini Act 2015?
An overview of the PNG Lukautim Pikinini Act 2015: what it repealed, what it established, its fifteen Parts, and how it fits with the Constitution and other family legislation.
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What Are the Principles of the Lukautim Pikinini Act?
Sections 4 and 5 of the PNG Lukautim Pikinini Act 2015: the objectives of the Act, the fifteen interpretive principles, the child’s right to participate and the duty to maintain.
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What Rights Does a Child Have in PNG?
Sections 6 and 7 of the PNG Lukautim Pikinini Act 2015, the constitutional rights of children, and the rights recognised in the Convention on the Rights of the Child.
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Who Must Maintain a Child in PNG?
Section 8 of the PNG Lukautim Pikinini Act 2015: the duty to maintain a child, the six things a child is entitled to, and how the duty is enforced.
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What Is Parental Responsibility in PNG?
Section 9 of the PNG Lukautim Pikinini Act 2015: who holds parental responsibility, the four routes by which relatives may exercise it, and how it relates to custody and guardianship.
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What Is the Office for Child and Family Services?
Sections 12 to 15 and 29 to 34 of the PNG Lukautim Pikinini Act 2015: the Office for Child and Family Services, its powers and functions, the register, and the Director.
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What Is the National Child and Family Services Council?
Sections 16 to 23 of the PNG Lukautim Pikinini Act 2015: the composition, powers, functions, meetings and reporting duties of the National Child and Family Services Council.
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What Do Provincial and District Child Committees Do?
Sections 24 to 28 of the PNG Lukautim Pikinini Act 2015: the Provincial Child and Family Services Councils and the District Child and Family Services Committees.
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Who Is a Child in Need of Protection?
The definition of “child in need of protection” in section 2 of the PNG Lukautim Pikinini Act 2015, and what follows from a child falling within it.
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Who Must Report Child Abuse in PNG?
Section 38 of the PNG Lukautim Pikinini Act 2015: the duty to report a child in need of protection, who is a mandatory reporter, and what happens on failure.
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Am I Protected if I Report Child Abuse?
Section 39 of the PNG Lukautim Pikinini Act 2015: immunity for a person who reports a child in need of protection, and the limits of that protection.
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What Happens if I Make a Malicious Report About a Child?
Section 40 of the PNG Lukautim Pikinini Act 2015: the offence of making a malicious child protection report, and how it differs from an honest report that turns out to be wrong.
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How Is a Child Protection Report Investigated?
Section 42 of the PNG Lukautim Pikinini Act 2015: investigation procedures, the Safety Assessment, the Safety Placement Decision and confidentiality of the reporter.
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Who Are Child Protection Officers?
Sections 35 to 37 of the PNG Lukautim Pikinini Act 2015: the appointment and powers of Child Protection Officers, and child protection volunteers.
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When Can a Child Protection Warrant Be Issued?
Section 43 of the PNG Lukautim Pikinini Act 2015: the child protection search warrant, who may apply, the grounds, and the requirement that a Child Protection Officer accompany the search.
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When Can a Child Be Removed From Home?
Section 44 of the PNG Lukautim Pikinini Act 2015: removal of a child to a place of safety, the child’s belongings, and the duty to provide medical or psychosocial support.
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What Happens if a Child Is in Immediate Danger?
Sections 45 and 46 of the PNG Lukautim Pikinini Act 2015: the emergency protection powers, who may exercise them, the entry power and the 24-hour reporting duty.
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What Is the Offence of Abandoning a Child?
Sections 47 and 48 of the PNG Lukautim Pikinini Act 2015: the offence of abandoning a child, and the rules about taking an abandoned child from a hospital nursery.
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What Happens to a Lost or Runaway Child?
Section 49 of the PNG Lukautim Pikinini Act 2015: taking charge of a lost or runaway child, locating parents, the child who refuses to return, and mediation.
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Must Parents Be Notified When a Child Is Taken?
Section 50 of the PNG Lukautim Pikinini Act 2015: the duty to notify parents when a child is removed, and the limits of that duty.
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What Is Temporary Custody Under the Lukautim Pikinini Act?
Section 51 of the PNG Lukautim Pikinini Act 2015: temporary custody by the Office, the Director’s power to consent to health care, and when temporary custody ends.
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What Are the Director’s Responsibilities for a Child in Care?
Section 52 of the PNG Lukautim Pikinini Act 2015: the Director’s general responsibilities for a child in temporary or permanent care, the six ways of providing care, and permanency.
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What Is Child Labour Under PNG Law?
Section 54 of the PNG Lukautim Pikinini Act 2015: the offence of child labour, the liability of parents and employers, and the corporate penalty.
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What Is the Offence of Exposure or Exhibition of a Child?
Section 53 of the PNG Lukautim Pikinini Act 2015: the definition of exposure or exhibition of a child, the approval requirement, and the offence.
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Can a Child Live With a Mother in Prison?
Sections 56, 58 and 59 of the PNG Lukautim Pikinini Act 2015: children living in prison with their mothers, breastfeeding access, and access to a parent in prison.
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What Happens to a Pregnant Woman in Prison?
Sections 57, 60 and 62 of the PNG Lukautim Pikinini Act 2015: the entitlements of a pregnant inmate, the offence of endangering the pregnancy, and pregnant and breastfeeding remandees.
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What Standards Must a Childcare Centre Meet?
Sections 68 to 72 of the PNG Lukautim Pikinini Act 2015: minimum standards, staff qualifications, registers and daily logs, restrictions on removing a child, and inspection.
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What Happens if a Childcare Centre Breaks Its Licence?
Sections 73 to 76 of the PNG Lukautim Pikinini Act 2015: non-compliance with licence conditions, the offence of operating an unlicensed place, notice of the death of a child, and service of notices.
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What Offences Protect Children Under the Lukautim Pikinini Act?
Part XI of the PNG Lukautim Pikinini Act 2015, sections 78 to 86: the general offences protecting children and their penalties.
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What Are Harmful Customary Practices Under PNG Law?
Section 80 of the PNG Lukautim Pikinini Act 2015: the offence of subjecting a child to a harmful social or customary practice, and how it fits with the constitutional recognition of custom.
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What Is the Family Court in PNG?
Sections 87, 89 and 90 of the PNG Lukautim Pikinini Act 2015: the establishment of the Family Court, who sits in it, and the practice and procedure that applies.
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What Jurisdiction Does the Family Court Have?
Section 88 of the PNG Lukautim Pikinini Act 2015: the six heads of Family Court jurisdiction, and what falls outside them.
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How Do I Start Proceedings in the Family Court?
Sections 91 and 92 of the PNG Lukautim Pikinini Act 2015: instituting Family Court proceedings by complaint, the corroboration requirement, and summons or warrant.
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What Happens at a Child Protection Hearing?
Sections 93 and 95 of the PNG Lukautim Pikinini Act 2015: the child protection hearing, the court’s own-initiative summons power, informal procedure and closed hearings.
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What Must a Court Consider When Placing a Child?
Section 94 of the PNG Lukautim Pikinini Act 2015: the four placement considerations, and the duty to consider placement within the family or community before removal.
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Can Family Court Proceedings Be Reported?
Section 96 of the PNG Lukautim Pikinini Act 2015: the offence of publishing information identifying a child in Family Court proceedings, and the closed-hearing provisions.
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When Does a Court Find a Child in Need of Protection?
Section 97 of the PNG Lukautim Pikinini Act 2015: the finding at a child protection hearing, the mandatory return where no protection is needed, and consideration of the care plan.
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What Is a Care Plan for a Child?
Section 98 of the PNG Lukautim Pikinini Act 2015: the care plan the Office must prepare, what it should address, and its enforcement under section 78(2)(b).
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What Child Protection Orders Can a Court Make?
Sections 99 and 100 of the PNG Lukautim Pikinini Act 2015: temporary and permanent child protection orders, and allowances from the Child Protection Trust Fund.
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What Is a Parenting Order in PNG?
Section 101 of the PNG Lukautim Pikinini Act 2015: parenting orders, who may apply for one, and how they differ from custody orders in a divorce.
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What Are the Best Interests of the Child in PNG?
Section 103 of the PNG Lukautim Pikinini Act 2015: the primary and additional considerations in determining a child’s best interests, and the parallel list in section 5(3).
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How Is a Guardian Appointed for a Child?
Section 104 of the PNG Lukautim Pikinini Act 2015: appointment of a guardian by the court or by deed or will, the guardian’s responsibilities, and removal.
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What Are Affiliation Proceedings in PNG?
Sections 105 and 106 of the PNG Lukautim Pikinini Act 2015: affiliation proceedings for a child born outside marriage, who may complain, and what the complaint must state.
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Who Pays Confinement Expenses for a Child?
Section 107 and the section 2 definition of confinement expenses in the PNG Lukautim Pikinini Act 2015: what they cover and how they are ordered.
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How Do I Get a Maintenance Order for a Child?
Sections 108 and 109 of the PNG Lukautim Pikinini Act 2015: obtaining a child maintenance order and a maintenance order for a deserted spouse.
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How Long Does a Child Maintenance Order Last?
Sections 110 to 112 of the PNG Lukautim Pikinini Act 2015: the duration of child and spousal maintenance orders, variation after 18, funeral expenses and the time limit.
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What Is the Adoption of Children Act?
An overview of the PNG Adoption of Children Act (Chapter 275): its seven Parts, the key definitions, and how statutory adoption sits alongside customary adoption.
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Which Court Can Make an Adoption Order in PNG?
Section 2 of the PNG Adoption of Children Act (Chapter 275): the National Court’s exclusive adoption jurisdiction, and what the Family Court and Local Courts may do instead.
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Who Must Be Notified of an Adoption Application?
Section 10 of the PNG Adoption of Children Act (Chapter 275): notice of an adoption application, the anonymity requirement, dispensation, and the court’s power to direct further notice.
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Who Are the Parties to an Adoption Application?
Section 11 of the PNG Adoption of Children Act (Chapter 275): joinder of parties to an adoption application, the two permitted purposes, and the Director’s right to appear.
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What Form Must a Consent to Adoption Take?
Sections 18 and 19 of the PNG Adoption of Children Act (Chapter 275): the prescribed form and authentication of a consent, and consents given under Australian law.
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Who Is the Guardian of a Child Awaiting Adoption?
Section 23 of the PNG Adoption of Children Act (Chapter 275): the Director’s guardianship of a child awaiting adoption, when it begins, how it ends, and the one-year report.
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What Is an Interim Adoption Order?
Sections 33 to 35 of the PNG Adoption of Children Act (Chapter 275): interim orders for custody pending an adoption, their duration and discharge.
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How Does Adoption Affect Inheritance in PNG?
Sections 29 and 32 of the PNG Adoption of Children Act (Chapter 275): the effect of adoption on dispositions of property, the pre-1969 exceptions, and protection for trustees.
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What Happens if an Adoption Application Is Refused?
Section 12 of the PNG Adoption of Children Act (Chapter 275): orders for the care and control of a child after an adoption application is refused.
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What Is Adoption by Custom Under Part VI?
Part VI of the PNG Adoption of Children Act (Chapter 275), sections 52 to 58: adoption by custom, Local Court certificates, fosterage and guardianship, and appeals.
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What Is the Married Women’s Property Act?
An overview of the PNG Married Women’s Property Act (Chapter 281): what it changed, its twenty sections, and how it relates to divorce and family law.
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What Capacity Does a Married Woman Have to Own Property?
Sections 2, 3 and 4 of the PNG Married Women’s Property Act (Chapter 281): the capacity of married women, joint liability of spouses, and joint powers.
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Is a Husband Liable for His Wife’s Debts?
Section 14 of the PNG Married Women’s Property Act (Chapter 281): the husband’s liability for his wife’s torts and ante-nuptial contracts, and what the section preserves.
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How Can a Property Dispute Between Spouses Be Decided Summarily?
Section 15 of the PNG Married Women’s Property Act (Chapter 281): the summary determination of questions as to property between husband and wife.
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What Is a Restraint on Anticipation?
Sections 5(2), 19 and 20 of the PNG Married Women’s Property Act (Chapter 281): restraints on anticipation, settlements, and costs out of restrained property.
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What Is the Adultery and Enticement Act 1988?
An overview of the PNG Adultery and Enticement Act 1988: its four Parts, the key definitions, and why Parliament legislated.
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What Is an Act of Adultery Under PNG Law?
Sections 2 and 4(2) of the PNG Adultery and Enticement Act 1988: the definition of an act of adultery, the requirement that it be voluntary, and the single-act rule.
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Who Can Bring an Action for Adultery?
Sections 4 and 5 of the PNG Adultery and Enticement Act 1988: who may bring an action for adultery or enticement, and against whom.
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Can a Relative Bring an Action for Adultery?
Section 6 of the PNG Adultery and Enticement Act 1988: when a relative may bring an action on behalf of an aggrieved spouse, and the two alternative conditions.
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Can Adultery and Enticement Actions Be Joined?
Section 8 of the PNG Adultery and Enticement Act 1988: hearing actions together, joining the other party to an act of adultery, and the effect on compensation.
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What Defences Are There to an Adultery Action?
Section 9 of the PNG Adultery and Enticement Act 1988: the statutory defences of consent, forgiveness and reasonable belief, and the mandatory dismissal.
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How Much Compensation Can Be Ordered for Adultery?
Sections 11 to 15 of the PNG Adultery and Enticement Act 1988: the compensation caps for adultery and enticement, and apportionment between defendants.
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What Common Law Rights Did the Adultery Act Abolish?
Sections 21 and 22 of the PNG Adultery and Enticement Act 1988: the abolition of other compensation claims, the saving for pending actions, and the repeals.
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What Does the Police Act 1998 Cover?
An overview of the PNG Police Act 1998: its structure, what it governs, the constitutional rights it restricts, and where police powers over the public actually come from.
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How Is the Police Force Composed?
Section 7 of the PNG Police Act 1998: the composition of the Royal Papua New Guinea Constabulary, its four branches, the Commandant, and the Force as a State Service.
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What Happens if a Police Officer Is Charged With a Crime?
Sections 32 and 33 of the PNG Police Act 1998: suspension on a criminal charge, pay during that suspension, and mandatory dismissal on conviction.
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Can a Convicted Person Be Re-Appointed to the Police?
Section 34 of the PNG Police Act 1998: re-appointment and reinstatement after a conviction is set aside, and the restoration of service, seniority and salary.
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How Do You Join the Police Force in PNG?
Sections 39 to 47 of the PNG Police Act 1998: qualifications, examinations, recruitment, appointment to the Regular Constabulary, and filling vacancies.
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How Can a Police Officer Be Demoted or Dismissed?
Section 55 of the PNG Police Act 1998: demotion and dismissal for performance, the procedural protections, severance pay, and review by the Commissioner.
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When Must a Police Officer Retire?
Sections 91 to 93 of the PNG Police Act 1998: the retirement ages, retirement for infirmity, the 400-day rule, and resignation from the Force.
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What Is the Reserve Constabulary?
Part VI of the PNG Police Act 1998: the Reserve Constabulary Branch, its strength, appointment, conditions of service, pay and discipline.
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What Is a Company?
Sections 11 and 16 of the PNG Companies Act 1997: separate legal personality, the four essential requirements of a company, and what separateness means in practice.
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What Does the Companies Act Cover?
An overview of the PNG Companies Act 1997: its twenty-four Parts, the key definitions, how it interacts with other legislation, and where to find what.
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What Can a Company Do? Capacity and Powers
Sections 17 and 18 of the PNG Companies Act 1997: full capacity and powers, restrictions in a constitution, and why acts outside the company’s powers are still valid.
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What Is the Solvency Test?
Section 4 of the PNG Companies Act 1997: the two-limb solvency test, what directors must have regard to, contingent liabilities, and every transaction that depends on it.
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What Is a Holding Company and a Subsidiary?
Sections 5, 6 and 7 of the PNG Companies Act 1997: the four control tests, what “control of the board” means, shares that are disregarded, and why the definition matters.
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Who Is the Registrar of Companies?
Part XXI of the PNG Companies Act 1997: the Registrar and Deputy Registrars, the register, registration of documents, inspection and investigation powers, and appeals.
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How Do I Register a Company?
Sections 12 to 15 of the PNG Companies Act 1997: who may apply, what the application must contain, the signed consents required by section 13A, and the effect of the certificate.
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How Do I Choose and Reserve a Company Name?
Sections 21 and 23 of the PNG Companies Act 1997: the reservation requirement, how to apply, what the Registrar must tell you, and how a company name relates to business names and trade marks.
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How Do I Change a Company Name?
Section 24 of the PNG Companies Act 1997: the special resolution requirement, the new certificate of incorporation, and why a change of name changes nothing about the company itself.
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Can the Registrar Make Me Change My Company Name?
Section 25 of the PNG Companies Act 1997: directions to change a company name, the minimum notice period, the Registrar’s power to select a name, and how to respond.
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What Are Pre-Incorporation Contracts?
Sections 157 and 158 of the PNG Companies Act 1997: the definition, ratification, the implied warranties given by the promoter, and the measure of damages.
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How Does a Company Enter Into a Contract?
Sections 155 and 156 of the PNG Companies Act 1997: the three methods of contracting, the common seal, official seals for use overseas, and company attorneys.
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What Must I Do After My Company Is Incorporated?
A practical checklist of the first obligations of a new PNG company under the Companies Act 1997 — shares, registers, records, accounts, the annual return and external requirements.
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What Happened to Companies Registered Before the 1997 Act?
Part XXIV of the PNG Companies Act 1997: election to register, deemed registration, compensation for prejudiced members, and the continuity of existing documents, registers and appointments.
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Does a Company Need a Constitution?
Sections 27 to 29 of the PNG Companies Act 1997: the optional constitution, what the Act supplies by default, and how to decide whether your company needs one.
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What Can Go in a Company Constitution?
Sections 30 and 31 of the PNG Companies Act 1997: the form a constitution takes, what it may contain, the section 17(2) restriction, and what cannot be included.
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What Is a Share?
Sections 36 to 40 of the PNG Companies Act 1997: the legal nature of shares, the three default rights, classes of shares, the abolition of par value, and transferability.
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How Are Shares Issued?
Sections 42 to 44A, 48 and 49 of the PNG Companies Act 1997: issue on registration, board authority, terms of issue, notice to the Registrar, shareholder approval and when a share is issued.
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What Are Pre-Emptive Rights?
Section 45 of the PNG Companies Act 1997: which issues attract pre-emptive rights, what the offer must achieve, how long it must stay open, and how the constitution can vary it.
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What Is a Distribution and When Can One Be Made?
Sections 50 and 55 of the PNG Companies Act 1997: the board’s power to authorise distributions, the solvency certificate, the modified solvency test, and reductions of shareholder liability.
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What Are Dividends, and How Must They Be Paid?
Sections 51 to 53 of the PNG Companies Act 1997: the definition of a dividend, equality within a class, waiver, shares in lieu of dividends, and shareholder discount schemes.
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Can a Company Buy Back Its Own Shares?
Sections 56, 57 and 58 of the PNG Companies Act 1997: the exclusive routes to a buy-back, the board resolutions, the disclosure document and timing, and enforceability of a purchase contract.
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What Are Redeemable Shares?
Sections 59 to 62 of the PNG Companies Act 1997: what makes a share redeemable, the three redemption triggers, and why redemption at the holder’s option turns the holder into an unsecured creditor.
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Can a Subsidiary Hold Shares in Its Holding Company?
Section 64 of the PNG Companies Act 1997: the prohibition on cross-holdings, void issues and transfers, the grandfathering rule, trustee holdings, and nominees.
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How Are Shares Transferred?
Sections 40, 65, 66 and 77 of the PNG Companies Act 1997: the transfer procedure, the strict conditions for refusing registration, transfers by operation of law, and notice to the Registrar.
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What Happens to Shares When a Shareholder Dies or Goes Bankrupt?
Sections 66, 73, 74, 84 and 85 of the PNG Companies Act 1997: transmission of shares on death and bankruptcy, registration of representatives, and the extent of their liability.
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Who Is a Shareholder?
Section 78 of the PNG Companies Act 1997: the definition of shareholder, why the register governs, and what a shareholder is and is not entitled to.
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What Is a Special Resolution?
The section 2 definition of “special resolution” in the PNG Companies Act 1997, the matters requiring one under section 88, and how such resolutions are passed and rescinded.
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How Are Shareholders’ Meetings Called and Run?
Sections 101, 102 and 105 of the PNG Companies Act 1997, and Schedule 2: annual and special meetings, the 5 per cent requisition, the 21-day deadline, and the meeting procedure.
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Can Shareholders Decide Without Holding a Meeting?
Section 103 of the PNG Companies Act 1997: written resolutions in lieu of a meeting, the double 75 per cent test, counterparts and electronic signing, and the five-day notification duty.
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Can the Court Order a Shareholders’ Meeting?
Section 104 of the PNG Companies Act 1997: when the Court will order a meeting, who may apply, the terms it may impose, and its relationship to the section 102 requisition.
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What Is a Major Transaction?
Section 110 of the PNG Companies Act 1997: the three limbs of the definition, valuing contingent liabilities, the floating charge exception, and the receiver exception.
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Can the Board Delegate Its Powers?
Section 111 of the PNG Companies Act 1997 and Schedule 3: the power to delegate, the non-delegable powers, and the two conditions for escaping responsibility.
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What Duties Do Directors Owe?
Sections 112, 113 and 114 of the PNG Companies Act 1997: the duty of good faith and best interests, the group and joint venture exceptions, employees’ interests, and the duty to comply.
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What Standard of Care Does a Director Owe?
Section 115 of the PNG Companies Act 1997: the objective care and diligence standard, the four-limb business judgment rule, rationality, and criminal negligence.
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What Must a Director Disclose About an Interest?
Sections 117 and 118 of the PNG Companies Act 1997: when a director is “interested”, the security exception, the disclosure obligation, general notices and the ordinary-course exemption.
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What Happens if a Director Was Interested in a Transaction?
Sections 119 and 120 of the PNG Companies Act 1997: avoidance of interested transactions, the fair value defence, the onus of proof, and protection of third parties.
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Can a Director Use Company Information?
Section 123 of the PNG Companies Act 1997: the restriction on disclosing or using company information, the nominee director exception, and board-authorised use.
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How Are Directors Appointed?
Sections 131, 132 and 133 of the PNG Companies Act 1997: appointment of first and subsequent directors, the Court’s power to appoint, and the rule against bundled appointment resolutions.
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How Is a Director Removed?
Sections 134 and 135 of the PNG Companies Act 1997: removal by ordinary resolution, the notice requirement, the five ways an office is vacated, resignation, and continuing liability.
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How Do I Notify a Change of Directors?
Sections 136 and 137 of the PNG Companies Act 1997: validity of a director’s acts despite a defective appointment, the notice of change, the time limits, and the signed consent to be kept.
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Can Shareholders Ratify What the Directors Did?
Section 154 of the PNG Companies Act 1997: ratification of a purported exercise of a shareholder power, the retrospective effect, the preservation of the Court’s powers, and the general law.
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What Records Must a Company Keep?
Sections 164, 165 and 166 of the PNG Companies Act 1997: the company records, keeping them elsewhere, the form they must take, anti-falsification measures, and inspection by directors.
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What Is an Address for Service?
Sections 167 and 168 of the PNG Companies Act 1997: the address for service, how it must be described, changing it, and how it differs from the registered office.
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Does a Company Need a Secretary?
Sections 169 and 170 of the PNG Companies Act 1997: the optional secretary, residence, who may act in the secretary’s absence, appointment and removal, and the notice obligations.
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What Is the Annual Return?
Section 215 of the PNG Companies Act 1997: the annual return, the allocated month, the exemptions, the audited accounts, and the offences for failing to file.
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What Information Can a Shareholder Demand?
Section 219 of the PNG Companies Act 1997: a shareholder’s request for information, the four possible responses, the grounds of refusal, charges, and the Court’s power to compel.
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How Are Documents Served on a Company?
Sections 431 to 436 of the PNG Companies Act 1997: service on companies and overseas companies, service on shareholders and creditors, deemed receipt, and proving service.
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What Accounting Records Must a Company Keep?
Sections 188 and 189 of the PNG Companies Act 1997: the four objectives, the specific entries required, the form, the ten-year retention, and where the records may be kept.
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Does My Company Need an Auditor?
Sections 190 to 198 of the PNG Companies Act 1997: appointment of auditors, fees, partnerships, qualifications and disqualifications, automatic reappointment, replacement and resignation.
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What Does an Auditor Do?
Sections 199 to 203 of the PNG Companies Act 1997: the auditor’s report on reporting and exempt companies, the duty to report non-compliance to the Registrar, access to information, and attendance at meetings.
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What Must Go in a Company’s Annual Report?
Sections 209 to 214 of the PNG Companies Act 1997: the annual report obligation, the waiver, sending it to shareholders, its contents, and the effect of a failure to send.
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What Is the Accounting Standards Board?
Sections 204 to 208 of the PNG Companies Act 1997: the Accounting Standards Board, its membership, functions, approval and revocation of standards, and certificates.
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What Happens if the Accounts Are Not Prepared or Audited?
Sections 183 to 187 of the PNG Companies Act 1997 and the surrounding consequences: the offences, filing failures, section 348A liability, and what a director should do to fix a lapse.
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What Is a Charge, and Why Must It Be Registered?
Sections 221 and 222 of the PNG Companies Act 1997: the registrable charges, the two-month deadline, the consequence of non-registration, debenture series and the anti-avoidance rule.
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How Is a Charge Released From the Register?
Section 227 of the PNG Companies Act 1997: memoranda of satisfaction and release, who may lodge one, the evidence required, and how to correct the register if a release is refused.
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What Is an Amalgamation?
Sections 232, 233 and 234 of the PNG Companies Act 1997: what an amalgamation is, what the proposal must contain, the board resolutions and certificates, and the approval process.
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What Is a Short Form Amalgamation?
Section 235 of the PNG Companies Act 1997: the two short form routes, the required content of the board resolutions, notice to secured creditors, and the certificate.
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What Is a Receivership?
Sections 254 to 258, 263 and 266 of the PNG Companies Act 1997: what a receiver is, how one is appointed, the agency relationship, and the validity of a receiver’s acts.
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What Powers Does a Receiver Have?
Sections 262, 264, 265 and 267 of the PNG Companies Act 1997: obtaining documents and information, the statutory powers of a receiver, calls on shares, and Court-authorised sales.
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Who Gets Paid First in a Receivership?
Sections 279 and 280 of the PNG Companies Act 1997: the priority of preferential claims in a receivership under a floating charge, and a receiver’s position once the company goes into liquidation.
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What Is a Liquidation?
Sections 290 to 292, 298 and 299 of the PNG Companies Act 1997: how a liquidation commences, the three appointment routes, the effect of commencement, and when a liquidation is complete.
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Who Can Apply to Put a Company Into Liquidation?
Sections 291(2)(c), 296, 297 and 300 to 302 of the PNG Companies Act 1997: applying to the Court for the appointment of a liquidator, interim liquidators, stays, termination, and creditors who have started execution.
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Must a Liquidator Call a Meeting of Creditors?
Sections 293 to 295A, 362 and 363 of the PNG Companies Act 1997: the first meeting of creditors, dispensing with it, related-creditor voting, and liquidation committees.
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What Does a Liquidator Do?
Sections 303 to 310A of the PNG Companies Act 1997 and Schedule 8: the liquidator’s principal duty, reporting obligations, duty to report offences, and statutory powers.
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When Is a Company Unable to Pay Its Debts?
Sections 335 and 336 of the PNG Companies Act 1997: the presumptions of inability to pay debts, the one-month rule for statutory demand evidence, contingent liabilities, and applications by contingent creditors.
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When Can a Company Be Struck Off the Register?
Sections 365 and 366 of the PNG Companies Act 1997: what removal from the register is, and the seven grounds on which the Registrar may remove a company.
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How Is a Company Removed From the Register?
Sections 367 to 372 of the PNG Companies Act 1997: the notice procedures for removal from the register, objections, the Court’s power, and the Registrar as representative of a defunct company.
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Can a Struck-Off Company Be Restored?
Sections 378 to 381 of the PNG Companies Act 1997: restoration by the Registrar, restoration by the Court, the effect of restoration, and the revesting of property including land.
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Does a Foreign Company Need to Register in PNG?
Sections 382 to 387 of the PNG Companies Act 1997: what counts as carrying on business, the duty to register, name reservation, registration for name protection, and the application requirements.
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What Must an Overseas Company Do in PNG?
Sections 388 to 393 of the PNG Companies Act 1997 and Schedule 12: name disclosure, notifying changes, financial reporting, annual returns, ceasing to carry on business, and liquidation of PNG assets.
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What Happens if Someone Makes a False Statement?
Section 420 of the PNG Companies Act 1997: false statements in documents and in reports about a company’s affairs, who they may be made to, and the deemed authorisation by voting.
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Who Is Banned From Managing a Company?
Sections 425 to 429 of the PNG Companies Act 1997: automatic prohibition, Court disqualification orders, Registrar prohibition notices, and personal liability for acting in contravention.
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Can Share Rights Be Changed?
Sections 37, 38, 97, 98, 99 and 100 of the PNG Companies Act 1997: the rights attaching to shares, classes and interest groups, altering shareholder rights, and the buy-out remedy.
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How Are Dividends Paid in an Insolvency?
Sections 121 to 128 of the PNG Insolvency Act (Chapter 253): declaring and notifying dividends, provision for distant creditors and undetermined claims, late proofs, future debts, actions for dividends, forfeiture, and the final dividend.
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What Is a Liquidation by Arrangement or a Composition?
Part XIV of the PNG Insolvency Act (Chapter 253), sections 181 to 199: liquidation by arrangement, compositions with creditors, registration, the effect on creditors, and conversion to insolvency.
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What Is the Investment Promotion Act?
An overview of the PNG Investment Promotion Act 1992: its purposes, the certification requirement, the Authority, and how the Act fits with the Companies Act 1997.
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Who Is a Foreign Enterprise?
The definitions in section 3 of the PNG Investment Promotion Act 1992: enterprise, citizen, national enterprise, foreign enterprise, foreign investor and investment.
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What Counts as Carrying on Business in PNG?
The definition of “carrying on business” in section 3 of the PNG Investment Promotion Act 1992 — what triggers the certification requirement and what does not.
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What Is the Investment Promotion Authority?
The Investment Promotion Authority under the PNG Investment Promotion Act 1992: its functions, powers, Board, Managing Director, and its power to unblock delays in other agencies.
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Does a Foreign Company Need an IPA Certificate?
When a foreign enterprise needs an IPA certificate under the PNG Investment Promotion Act 1992, the consequences of not having one, and the section 26 exemption.
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How Do I Apply for an IPA Certificate?
How to apply for a certificate under section 28 of the PNG Investment Promotion Act 1992: the requirements, the 35-day decision period, the deposit power, and the duty to notify changes.
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What Does an IPA Certificate Contain?
Sections 29, 30 and 31 of the PNG Investment Promotion Act 1992: the contents of a certificate, the Register of Certificates, and public inspection.
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What Are Reserved Activities?
Section 27 of the PNG Investment Promotion Act 1992: reserved activities, the review obligation, the grandfathering rules, and the offences for breach.
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What Happens if Ownership of a Certified Enterprise Changes?
Section 32 of the PNG Investment Promotion Act 1992: when a change of ownership triggers a fresh application, the thresholds, the exclusions, and variation under section 33.
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When Can an IPA Certificate Be Cancelled or Suspended?
Section 36 of the PNG Investment Promotion Act 1992: the grounds for cancelling or suspending a certificate, the notice requirements, and winding up after cancellation.
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What Is Certification to Participate in a National Enterprise?
Part IVA of the PNG Investment Promotion Act 1992: sections 36A to 36G, relevant interests, applications, certificates and the transitional rules.
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What Are the Offences Under the Investment Promotion Act?
Sections 41 to 44B of the PNG Investment Promotion Act 1992: the offences, the reversed burden of proof, void contracts, false statements, prosecutions and cease orders.
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How Do I Appeal an IPA Decision?
Section 40 of the PNG Investment Promotion Act 1992: the five appellable decisions, the 20-working-day deadline, the Minister’s duties, and judicial review.
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What Does the Trade Marks Act Cover?
An overview of the PNG Trade Marks Act (Chapter 385): its fourteen Parts, the key definitions, what a trade mark is, and how registered and unregistered marks are protected.
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What Is the Difference Between Part A and Part B of the Register?
Part A and Part B of the PNG Register of Trade Marks compared — sections 15, 16, 33(5), 49, 51, 52 and 53(2) of the Trade Marks Act (Chapter 385).
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What Is the Date of Registration of a Trade Mark?
Sections 44, 45 and 46 of the PNG Trade Marks Act (Chapter 385): when the Registrar registers a mark, the date of registration, and the 10-year term.
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How Do I Renew a Trade Mark?
Sections 46, 60 and 61 of the PNG Trade Marks Act (Chapter 385): the 10-year term, renewal, the Registrar’s expiry notice, and removal for failure to renew.
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What Happens if I Miss My Trade Mark Renewal?
Sections 62 and 63 of the PNG Trade Marks Act (Chapter 385): restoration of a removed trade mark, and the status of an un-renewed mark against later applicants.
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What Is Trade Mark Infringement?
Section 53 of the PNG Trade Marks Act (Chapter 385): the elements of infringement, the deceptive similarity test, and the special defence available against a Part B mark.
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Can I Remove or Alter a Trade Mark on Goods I Own?
Section 54 of the PNG Trade Marks Act (Chapter 385): infringement by breach of restrictions, the notice requirement, the acts caught, and the good faith purchaser exception.
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What Remedies Can I Get for Trade Mark Infringement?
Sections 56, 57, 58, 89 and 92 of the PNG Trade Marks Act (Chapter 385): relief in infringement actions, evidence of trade usage, jurisdiction, certificates of validity and pleading.
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What Is Passing Off?
Passing off in Papua New Guinea: the three elements, how it differs from statutory infringement, and the effect of section 59 of the Trade Marks Act (Chapter 385).
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What Are the Criminal Offences for Trade Mark Forgery?
Sections 75, 76, 80 and 81 of the PNG Trade Marks Act (Chapter 385): forgery of a trade mark, false application, the deeming provisions, penalties, and the burden of proof.
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What Are the Rights of a Registered User?
Sections 69, 70 and 71 of the PNG Trade Marks Act (Chapter 385): the effect of permitted use, previous use by the user, common law rights of the proprietor, infringement proceedings, and the bar on assignment.
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How Can a Trade Mark Be Removed for Non-Use?
Section 14 of the PNG Trade Marks Act (Chapter 385): the two non-use grounds, the goods of the same description answer, place and export limitations, and special circumstances in the trade.
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Who Owns the Minerals in Papua New Guinea?
Section 5 of the PNG Mining Act 1992: State ownership of minerals, what it means for customary landowners, the section 53 Constitution saving, and what landowners do keep.
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What Does the Mining Act 1992 Cover?
An overview of the PNG Mining Act 1992: its ten Parts, what land is available for mining, the constitutional declaration, the Acts it repealed, and how it fits with environment and safety law.
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Who Administers Mining Law in Papua New Guinea?
Part III of the PNG Mining Act 1992: the Mining Advisory Council and its membership, meetings and functions, the Registrar of Tenements, and the Wardens.
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When Can Land Be Reserved From Mining?
Sections 6 to 8 of the PNG Mining Act 1992: land available for mining, the Minister's reservation power, the effect on pending applications, and consent for land reserved under other Acts.
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What Is a Mining Development Contract?
Part IV of the PNG Mining Act 1992: the State's power to enter agreements, when the Minister may require a mining development contract, its effect, and the limits on what it can do.
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What Mining Tenements Are There?
The six tenements under the PNG Mining Act 1992 compared: who may hold each, the maximum term and area, what each authorises, and how they fit together.
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What Is an Exploration Licence?
Division 1 of Part V of the PNG Mining Act 1992: the grant, term, area and relinquishment rules for an exploration licence, the rights it confers, expenditure requirements and the approved programme.
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What Is a Special Mining Lease?
Division 2 of Part V of the PNG Mining Act 1992: the grant of a special mining lease, its 40-year term, the mining development contract prerequisite, applications and extension.
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What Is an Alluvial Mining Lease?
Division 4 of Part V of the PNG Mining Act 1992: who may hold an alluvial mining lease, the area and depth limits, the rights conferred, the ban on transfer and consolidation, and the exploration licence holder's objection rights.
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What Is a Lease for Mining Purposes?
Division 5 of Part V of the PNG Mining Act 1992: the grant of a lease for mining purposes, the six permitted purposes, term, area, the rights conferred, and the exploration licence holder's objection rights.
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What Is a Mining Easement?
Division 6 of Part V of the PNG Mining Act 1992: the grant of a mining easement, the nine permitted facilities, area and term, rights conferred, and the Minister's duty where it crosses another tenement.
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How Do Mining Tenements Interact With Each Other?
How tenements overlap under the PNG Mining Act 1992: sections 29 to 31, the excision and reversion rules, and the notice, objection and negotiation regime in sections 59 to 64, 75 to 79 and 90 to 95.
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How Do I Apply for a Mining Tenement?
Division 1 of Part VI of the PNG Mining Act 1992: lodging an application, the preliminary examination, what the Registrar does next, the notice requirements, and the duties on grant.
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What Happens at a Warden’s Hearing?
Section 108 of the PNG Mining Act 1992: the conduct of a Warden's hearing, the four mandatory steps, adjournments, the Warden's 14-day report, and how it feeds the Council's recommendation.
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How Is a Mining Tenement Registered?
Division 2 of Part VI of the PNG Mining Act 1992: the Register of Tenements, registration and provisional registration, the effect of registration, and rectification of the Register.
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Can I Transfer or Mortgage a Mining Tenement?
Sections 116 to 126 of the PNG Mining Act 1992: creating interests in writing, approval and registration of transfers, other instruments, mortgages, devolution, and the two prohibitions on dealings.
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Can I Lodge a Caveat Over a Mining Tenement?
Division 3 of Part VI of the PNG Mining Act 1992: lodging a caveat over a tenement, what it must contain, the Registrar's duties, and how and when a caveat lapses.
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How Does a Mining Tenement End?
Divisions 4 to 6 of Part VI of the PNG Mining Act 1992: consolidation of tenements, surrender in whole or part, cancellation for breach, expiry, and what happens to the security.
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What Compensation Are Landowners Entitled To?
Section 154 of the PNG Mining Act 1992: the principles of compensation, the eight heads, economic tree values, what may never be paid for, and compensation for neighbouring land.
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Can a Miner Enter My Land?
Section 155 of the PNG Mining Act 1992: the bar on entry until compensation is settled, what it covers, marking out and survey entry, and the separate right of entry for investigations.
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How Is Mining Compensation Agreed?
Section 156 of the PNG Mining Act 1992: the compensation agreement procedure, the Chief Warden's review, registration by the Registrar, and the binding effect under section 159.
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What Happens to Mining Compensation When Ownership Is Disputed?
Sections 4 and 160 of the PNG Mining Act 1992: land disputes and tenements, determination of compensation where ownership is contested, the statutory trust, and the Land Disputes Settlement Act.
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What Say Do Landowners Have in a Mining Project?
A practical map of where landowners can be heard about a mining project in PNG: objections, the Warden's hearing, the development forum, compensation, and environmental public review.
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What Royalties Are Payable, and Who Gets Them?
Section 148 of the PNG Mining Act 1992 and the royalty regime: what royalty is, how it differs from compensation, the prohibition in section 154(4), and where royalty fits alongside the development forum.
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What Happens to Mineral Data and Drill Cores?
Sections 5A, 161 and 162 of the PNG Mining Act 1992: the mineral and geological data repository, the central monitoring hub, the power to require information, and the preservation of cores.
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How Does the Mining Act Work With Environment Law?
How the PNG Mining Act 1992 and Environment Act 2000 fit together: the two approval streams, preparatory work, referral, the two compensation regimes, and the two securities.
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Who Is Responsible for Mine Safety?
How mine safety is regulated in PNG: the Mining (Safety) Act (Chapter 195A), the safety conditions built into every tenement, inspectors, and the employment and environment provisions that apply alongside.
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What Offences Does the Mining Act Create?
Sections 167 and 168 of the PNG Mining Act 1992: the eight offences, the power to stop unauthorised mining, rehabilitation orders on conviction, the general penalty, and the liability of company officers.
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Can I Appeal a Mining Decision?
Review and appeal under the PNG Mining Act 1992: the section 158 compensation appeal, the absence of a merits appeal on grant, judicial review, and the separate Environment Act review.
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What Happened to Mining Titles Granted Before 1992?
Part X of the PNG Mining Act 1992: the saving and transitional provisions, conversion of old titles, preservation of existing agreements, pending proceedings, and old mortgages and compensation agreements.
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What Should a Landowner Group Do When a Miner Arrives?
A practical guide for landowner groups in PNG: organising, recording, objecting, the Warden's hearing, compensation, the environment process, and the traps to avoid.
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What Does the Environment Act 2000 Cover?
An overview of the Environment Act 2000 in Papua New Guinea: what it regulates, its eleven Parts, the Acts it repealed, and how it fits with mining, petroleum and forestry law.
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What Is the General Environmental Duty?
Section 7 of the PNG Environment Act 2000: the general environmental duty, the five factors, why breach is not an offence, and the defences in section 7(4).
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What Counts as “Environmental Harm”?
Environmental harm under the PNG Environment Act 2000: the definition, material and serious environmental harm, the monetary thresholds, and the offences in sections 11 and 12.
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Who Administers the Environment Act?
Part III of the PNG Environment Act 2000: the Minister's powers, the Director of Environment, the Environment Council, the Environment Consultative Group and Provincial Environment Committees.
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What Are the “Matters of National Importance”?
Sections 4, 5 and 6 of the PNG Environment Act 2000: the objects, the matters of national importance, the precautionary approach, and how the objects are to be achieved.
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When Do I Need an Environment Permit?
Sections 41 to 46 of the PNG Environment Act 2000: what counts as carrying out an activity, when a permit is required, existing and level 1 activities, notices to apply, and the restraint on other authorities.
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What Is Environmental Impact Assessment?
Division 3 of Part V of the PNG Environment Act 2000: registering preparatory work, the notice to undertake assessment, the seven stages, the inception report and the 60-day deemed approval.
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What Happens to an Environmental Impact Statement?
Sections 54 to 59 of the PNG Environment Act 2000: assessment of an impact statement, public review and submissions, acceptance, referral to the Council, the fifteen criteria, and approval in principle.
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How Do I Apply for an Environment Permit?
Sections 60 to 67 of the PNG Environment Act 2000: who applies, acceptance of applications, the procedural Regulations and Operational Procedures, the criteria for grant, and the fourteen matters the Director must weigh.
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How Are Environment Permits Renewed, Transferred and Amended?
Sections 70 and 71 of the PNG Environment Act 2000: renewal, transfer and surrender of permits, annual fees and returns, and the major or minor amendment decision.
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Who Owns the Water in Papua New Guinea?
Sections 78 and 79 of the PNG Environment Act 2000: vesting of water rights in the State, the customary rights saving, the domestic use exclusion, and what a water permit authorises.
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What Rights Do I Have to Take and Use Water?
Sections 80 and 81 of the PNG Environment Act 2000: the public right to take water, the rights of a riparian owner or occupier, permanent installations, the Director's quantity notice, and the offences.
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What Compensation Is Payable Under the Environment Act?
Section 87 of the PNG Environment Act 2000: who is entitled to compensation, what it covers, agreement and determination by the Director, the 90-day timetable, security, and appeal to the National Court.
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What Is an Environment Protection Order?
Sections 101 and 102 of the PNG Environment Act 2000: when an Environment Protection Order may be issued, what it must contain, the requirements it may impose, variation, and the penalty for non-compliance.
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What Are the Penalties for Polluting?
The offences and penalties under the PNG Environment Act 2000: the harm offences, permit offences, order offences, false information, the general penalty, continuing offences, and strict liability.
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What Are Environmental Audits and Improvement Plans?
Part VI of the PNG Environment Act 2000: environmental audits and investigations, environmental improvement plans, the 60-day deemed rejection, emergency authorisations, and data collection.
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What Fees, Levies and Bonds Apply?
Part VIII of the PNG Environment Act 2000: charges for use of the environment, fees, the Environmental Protection Trust Fund, the Environmental Levy, and environmental bonds.
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What Does the Employment Act Cover?
An overview of the PNG Employment Act (Chapter 373): what it regulates, its twelve Parts, who it applies to, the exemption power, and the rule against contracting out.
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How Much Notice Must Be Given to End Employment?
Section 34 of the PNG Employment Act: the statutory notice periods for terminating a contract of service, the equal-notice rule, how notice is given, and payment in lieu.
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When Can an Employer Dismiss Without Notice?
Section 36 of the PNG Employment Act: the grounds for summary dismissal, the employee's corresponding right to leave without notice, the promptness requirement, and industrial disputes.
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What Kinds of Employment Contract Are There?
The four types of contract of service under the PNG Employment Act - casual, oral, written and piece-rate - how each is formed and which rules apply to which.
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What Is a Casual Worker, and When Do They Stop Being One?
Casual workers under the PNG Employment Act: section 9, the six-day deeming rule in section 10, termination without notice, and the full day's pay protection in section 35(4).
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How Long Does an Oral Contract of Service Last?
Sections 15 to 17 of the PNG Employment Act: the duration of an oral contract, the automatic renewal rule, and the written record that decides wage disputes.
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When Must an Employment Contract Be in Writing?
Section 19 of the PNG Employment Act: the two routes to a valid written contract, the literacy endorsement, the labour officer's attestation for illiterate employees, and the minimum contractual age of 16.
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What Is an Attested Contract, and Why Does It Matter?
Attested contracts under the PNG Employment Act: sections 19(b), 23, 24 and 131, the labour officer's six checks, refusal to attest, and the extra protections on repatriation, final pay and court awards.
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How Long Can an Employment Contract Run?
Section 22 of the PNG Employment Act: fixed and unspecified terms, when the contract period starts, the automatic extension in section 22(2), and the two and three year caps on attested contracts.
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Can My Employment Contract Be Transferred to Another Employer?
Sections 25 and 26 of the PNG Employment Act: transfer of a written contract of service, the consent requirement, labour officer approval for attested contracts, the transferee's liabilities, and what happens when an employer dies.
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What Is a Piece-Rate Contract?
Division 5 of the PNG Employment Act: piece-rate contracts, the gazettal requirement, group contracts, the Piece-rate Register, and the stamped measuring instrument.
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Who Enforces Employment Law in Papua New Guinea?
Enforcement of the PNG Employment Act: authorised officers under section 8, inspection powers under section 142, prosecutions under section 145, and the court's duty to act by equity and good conscience under section 149.
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Am I an Employee or an Independent Contractor?
Distinguishing a contract of service from a contract for services in Papua New Guinea: the Employment Act definitions, the common law tests, and why the label on the document does not decide it.
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What Records Must an Employer Keep?
The record-keeping duties under the PNG Employment Act - sections 15, 20, 31, 57, 82, 83, 117, 147, 148 and 148A - who may inspect them, and the evidential consequence of not having them.
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What Offences Does the Employment Act Create?
The offences under Part X and elsewhere in the PNG Employment Act - sections 133 to 141 and 94 to 96 - their penalties, who prosecutes, and the general penalty in section 141.
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What Can I Claim for Unlawful Termination?
Remedies for unlawful termination of employment in Papua New Guinea: the measure of damages, section 38 awards on attested contracts, the industrial route, and what to prove.
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What Is My Final Pay When I Leave a Job?
Final pay under the PNG Employment Act: sections 84, 85, 86 and 90 - what is owed on leaving, deferred wages, the refund of repatriation deductions, and payment before a labour officer.
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What Happens When an Employee Dies?
Sections 27, 42, 42A and 84(3) of the PNG Employment Act: an employer's duties on the death of an employee, repatriation of dependants, funeral transport, and distribution of wages.
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What Is the Employer’s Duty to Repatriate an Employee?
Division 7 of the PNG Employment Act: section 40 and the five triggers for repatriation, what the expenses cover, transport standards, and the labour officer's role.
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Are My Dependants Entitled to Repatriation?
Section 42 of the PNG Employment Act: repatriation of accompanying dependants, who counts as a dependant, the election to a different destination, and the limit on the employer's liability.
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Who Pays for Repatriation, and When Is an Employer Exempt?
Sections 41, 43 and 44 of the PNG Employment Act: what repatriation costs cover, the labour officer's power to exempt an employer, the three-month rule, and the industrial dispute route.
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What Are the Legal Hours of Work?
Sections 47 to 49 of the PNG Employment Act: maximum daily hours, meal and rest periods, the weekly rest day, shift work rules, and what counts as overtime.
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When Can the Maximum Hours Be Exceeded?
Section 50 of the PNG Employment Act: the exhaustive list of circumstances in which the 12-hour maximum and rest periods may be exceeded, the Secretary's power to vary shift work rules, and the duty to make the rest up.
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Can I Be Made to Work Overtime?
Section 51 of the PNG Employment Act: the employer's right to require reasonable overtime, the agreement requirement for Sundays and public holidays, and the fatigue rule for dangerous work.
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What Are the Overtime Rates?
Section 52 of the PNG Employment Act: overtime rates, how the hourly rate is calculated, time off instead of pay, and the section 55 deadline for payment.
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What Are Stand-By and Call-Out Duty, and What Do They Pay?
Sections 53 and 54 of the PNG Employment Act: the definitions of stand-by and call-out duty, how each is paid, the three-hour minimum, and the ban on stand-by during rest periods.
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Do I Get Paid for Public Holidays?
Sections 74, 86, 52 and 56 of the PNG Employment Act: public holiday pay, the counting rule, working on a holiday, Good Friday and Christmas Day, and the position of casual and piece-rate employees.
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How Much Recreation Leave Am I Entitled To?
Division 3 of Part IV of the PNG Employment Act: recreation leave entitlement, continuity of service, accrual to four years, pro-rata payment on termination, and how leave pay is calculated.
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What Sick Leave Am I Entitled To?
Division 4 of Part IV of the PNG Employment Act: sick leave entitlement, the certificate requirement, the 72-hour notification rule, accumulation to 18 days, and when sick leave is not paid.
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What Is the Minimum Wage, and When Are Wages Not Payable?
Sections 76 and 77 of the PNG Employment Act: minimum wages by registered award, minimum rates for piece-rate work, and the two circumstances in which an employee is not entitled to wages.
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How Often Must Wages Be Paid?
Sections 78 and 79 of the PNG Employment Act: the maximum intervals between wage payments for casual, piece-rate and other employees, and the date from which wages commence.
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How Must Wages Be Paid?
Sections 80, 81, 92 and 95 of the PNG Employment Act: currency, direct payment, bank transfers, payment to an authorised person, and the prohibitions on truck and on paying wages in a liquor outlet.
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What Must a Pay Statement Show?
Sections 82 and 83 of the PNG Employment Act: the particulars a pay statement must contain, the wages register the employer must keep, who may inspect it, and what to do when the figures do not match.
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What Deductions Can Be Made From My Wages?
Sections 88, 89, 91 and 94 of the PNG Employment Act: the permitted deductions, the written consent requirement, the 50 per cent cap, deductions required by law, and the prohibition on fines.
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What If My Employer Does Not Pay My Wages?
Sections 90, 93, 96, 145, 146 and 149 of the PNG Employment Act: the offence of failing to pay wages, the priority of wages over other debts, deferred wages on demand, and how to enforce.
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When Must an Employer Provide Housing?
Part VIII of the PNG Employment Act: when adequate housing must be provided, the urban and rural rules, the exemptions, deductions for housing, and the employee's right to remain.
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What Standards Must Employer Housing Meet?
Sections 121 to 124 of the PNG Employment Act: water, electricity and lighting, mosquito nets, and the duty to keep housing clean - with the labour officer's notice power and the penalties.
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What Food Rations Must an Employer Supply?
Division 5 of Part IV of the PNG Employment Act: the ration scale in Schedule 1, the daily issue, standards and storage of food, and the employer's duty to provide cooks.
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When Can an Employer Require a Medical Examination?
Section 131 of the PNG Employment Act: the medical examination before attestation, what must be certified, what happens where no practitioner is available, and the consequences of an adverse finding.
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What Welfare and Safety Duties Does an Employer Have?
The general welfare and safety duties in the PNG Employment Act - sections 5, 51(3), 104, 124, 127, 132, 142 and 147 to 148A - and how they are enforced.
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What Are the Rules on Employing Women?
Division 1 of Part VI of the PNG Employment Act: section 97 on discrimination and equal pay, section 98 on heavy labour and underground mining, and section 99 on night work.
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What Maternity Leave Am I Entitled To?
Sections 100 to 102 of the PNG Employment Act: protection from dismissal on pregnancy, the length of maternity leave, whether it is paid, nursing breaks, and resuming duty early.
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What Are the Rules for Employing Young Persons?
Division 2 of Part VI of the PNG Employment Act: the minimum age of employment, the conditions for employing 11 to 15 year olds, injurious conditions, and the night work prohibitions.
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What Are the Rules for Employment Agents?
Division 2 of Part VII of the PNG Employment Act: licensing of employment agents, who may hold a licence, cancellation and appeal, the ban on charging job-seekers, and the register.
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What Is Unlawful Hiring Out of Labour?
Section 136 of the PNG Employment Act: the offence of hiring out labour for gain, the three permitted categories of supervision, the Secretary's consent, and how labour hire differs from employment.
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Do I Need a Work Permit to Work in Papua New Guinea?
The Employment of Non-Citizens Act 2007: who needs a work permit in PNG, what counts as employment, who is exempt, and the offences for employing or working without one.
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What Types of Work Permit Are There?
Sections 7 to 11 and 23 of the Employment of Non-Citizens Act 2007: the three types of work permit, their purposes and terms, the limits on occupation and employer, and permit conditions.
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How Do I Apply for a Work Permit?
Parts V and VI of the Employment of Non-Citizens Act 2007: who applies and when, what the application must contain, the outside-the-country rule, the 42-day decision, and the appeal to the Minister.
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Which Occupations Are Reserved for Citizens?
Sections 12 to 14 of the Employment of Non-Citizens Act 2007: reserved occupations, advertised occupations, the review with the National Training Council, and the protection for permits already granted.
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How Do I Renew a Work Permit?
Part VII of the Employment of Non-Citizens Act 2007: applying for renewal, what the Secretary may take into account, the 42-day decision, the 60-day continuation, and the appeal to the Minister.
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When Can a Work Permit Be Cancelled?
Part VIII of the Employment of Non-Citizens Act 2007: automatic invalidity, the cancellation grounds, the show-cause procedure, the national interest exception, the appeal, and the duty to terminate employment.
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Who Pays to Repatriate a Non-Citizen Employee?
Part X of the Employment of Non-Citizens Act 2007: the employer's repatriation liability, what the expenses cover, dependants, death, the statement to the Secretary, and the K10,000 offence.
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What Are the Penalties for Breaching the Work Permit Rules?
The offences and penalties under the Employment of Non-Citizens Act 2007, infringement notices, liability of company officers, who prosecutes, and where proceedings are brought.
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What Is the Difference Between Customary Land and Government Land?
Customary land and State land in Papua New Guinea compared: section 4 of the Land Act 1996, what customary land means, how land is declared State land, and why the distinction decides everything.
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What Is a State Lease?
State leases in Papua New Guinea explained: what a State lease is, how it is granted, the implied reservation of minerals and petroleum, and why the purpose clause matters.
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Who Administers Land in Papua New Guinea?
Who does what in PNG land administration: the Minister, the Departmental Head, the Land Board, the Registrar of Titles, the Custodian for Trust Land, and the Land Titles Commission.
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Can Customary Land Be Bought or Sold?
Section 132 of the Land Act 1996: why customary land cannot be sold, what “void” means for money already paid, and the lawful routes for dealing with customary land.
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How Does the State Acquire Customary Land?
How the State acquires customary land in PNG under the Land Act 1996: acquisition by agreement, the “not required” test, determination of ownership, and the appointment of an agent.
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What Is Lease-Leaseback, and What Is an SABL?
Lease-leaseback and special agricultural and business leases (SABLs) in PNG: section 11 of the Land Act 1996, the suspension of customary rights, and the section 66 protection.
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When Can the State Compulsorily Acquire Land?
Compulsory acquisition under section 12 of the PNG Land Act 1996: the three triggers, what vesting means, conversion of interests into compensation claims, and the constitutional limits.
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What Happens to a Mortgage When the State Takes the Land?
Division 7 of Part III of the PNG Land Act 1996: what happens to a mortgage on compulsory acquisition, the mortgagee's election, deemed waiver, and the effect on the mortgagor.
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What Happens to Land the State No Longer Needs?
Division 9 of Part III of the PNG Land Act 1996: disposal of resumed land, the seven-year rule for former customary land, the substantial improvements exception, and protection of purchasers.
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What Is Reserved Land?
Part V of the PNG Land Act 1996: reservation of land from lease or further lease, what it means for existing lessees, and how reservations are made and revoked.
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Who Can Claim Compensation When Land Is Taken?
Section 21 of the PNG Land Act 1996: who may claim compensation for compulsorily acquired land, the one-year limit, acceptance and rejection, and the three-month deeming rule.
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How Is Compensation for Acquired Land Assessed?
Division 3 of Part IV of the PNG Land Act 1996: the principles of compensation, the no-scheme rule, severance, set-off for enhancement, and the special defence and navigation rule.
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How Do I Actually Make a Compensation Claim?
The practical mechanics of a compensation claim under Part IV of the PNG Land Act 1996: what to include, the deadlines, prima facie evidence, and what to do if the claim is rejected.
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Can a Court Decide My Compensation?
Division 6 of Part IV of the PNG Land Act 1996: when you can sue for compensation, which court, how the proceedings run, joinder of other claimants, and the costs trap.
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When Is Compensation Paid, and Is Interest Payable?
Division 8 of Part IV of the PNG Land Act 1996: the conditions of payment, proving title to the Attorney-General, payment into court, deduction of rates and taxes, and interest.
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Who Decides Compensation for Customary Land?
Section 19 of the PNG Land Act 1996: the Land Titles Commission's jurisdiction over compensation for customary land, how it differs from the National Court route, and the practical steps for a landowner group.
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What Is the Land Board and What Does It Do?
The PNG Land Board under sections 55 to 58 of the Land Act 1996: its composition, functions, meeting procedure, quorum, notice requirements and the right to object.
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How Do I Apply for a State Lease?
Applying for a State lease in PNG under sections 68 to 79 of the Land Act 1996: advertisement, exemptions, tenders, the Letter of Grant, the 28-day acceptance and extinguishment.
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How Are Customary Land Disputes Decided?
How customary land disputes are resolved in PNG: the Land Disputes Settlement Act (Chapter 45), land mediators, Local and Provincial Land Courts, and the Land Titles Commission.
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What Types of State Lease Are There?
The eight kinds of State lease under Part X of the PNG Land Act 1996 compared: purpose, maximum term, rent, key conditions, and which Division governs each.
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What Is an Agricultural Lease?
Agricultural leases under Division 3 of Part X of the PNG Land Act 1996: the grant, the 99-year maximum, minimum improvement conditions, and what happens if they are not met.
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What Is a Pastoral Lease?
Pastoral leases under Division 4 of Part X of the PNG Land Act 1996: the grant, minimum stocking conditions, inquiry into depasturing, and destocking notices.
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What Is a Business or Residence Lease?
Business and residence leases under Division 5 of Part X of the PNG Land Act 1996: the grant, the 99-year term, specifying classes of business, and the tender requirement.
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What Is a Mission Lease?
Mission leases under Division 6 of Part X of the PNG Land Act 1996: who may hold one, the permitted purposes including aerodromes, the 99-year term, and why no rent is payable.
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What Is a Lease of a Government-Owned Building?
Section 99 of the PNG Land Act 1996: leases of government-owned buildings, why most of the Act does not apply, periodic tenancies, and the absence of Torrens title.
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What Is a Special Purposes Lease?
Special purposes leases under Division 8 of Part X of the PNG Land Act 1996: when they are used, the residence restriction, royalties, re-appraisal of rent, and the tender requirement.
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What Is a Special Agricultural and Business Lease?
Special agricultural and business leases (SABLs) under Division 9 of Part X of the PNG Land Act 1996: who may hold one, the conclusive-evidence rule in section 102(3), no rent, and backdated commencement.
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What Conditions Are in Every State Lease?
Section 82 of the PNG Land Act 1996: the reservations and conditions implied into every State lease, the bona fide purpose condition, and what the Minister may add.
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What Rent Is Payable on a State Lease?
Section 83 of the PNG Land Act 1996: how State lease rent is set, the ten-year re-assessment of unimproved value, remission and postponement, payment dates, and the gazetted arrears list.
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Can I Change the Purpose of My State Lease?
Part XII of the PNG Land Act 1996: varying the purpose of a State lease, the two statutory limits, relaxation of covenants for special hardship, and how to apply.
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I Have Received a Notice to Show Cause. What Do I Do?
How to respond to a notice to show cause under section 122 of the PNG Land Act 1996: what the notice must contain, what “good cause” means, and the applications to make alongside your response.
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Do I Need Approval to Sell or Transfer My State Lease?
Part XVII of the PNG Land Act 1996: controlled dealings, which leases are caught, why approval is withheld for unpaid rent or unmet improvement conditions, and the 28-day lodgement offence.
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What Happens If I Deal With a Lease Without Approval?
The consequences of an unapproved dealing under sections 128 and 129 of the PNG Land Act 1996: voidness, the K10,000 and K50,000 penalties, the share-dealing rule, and how to fix a void transaction.
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What Are the Offences for Occupying or Damaging Land Unlawfully?
Part XXIV of the PNG Land Act 1996: trespass and unlawful occupation of government and customary land, the penalties, the removal of the claim-of-right defence, and forcible ejection.
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What Is the Torrens System, and How Does It Work in PNG?
The Torrens system of title by registration in Papua New Guinea: the Land Registration Act (Chapter 191), the Register, certificates of title, and the three principles behind it.
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What Is an Incorporated Land Group?
Incorporated Land Groups in PNG: what the Land Groups Incorporation Act does, why ILGs matter for customary land dealings, registration and resource projects, and the common problems.
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What Is a Caveat, and What Does It Do?
Part VIII of the PNG Land Registration Act: who may lodge a caveat, what it forbids, the three-month lapse, cancellation by the Registrar, and liability for lodging without reasonable cause.
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How Is Registered Land Transferred?
Part V of the PNG Land Registration Act: the requirements for a transfer, stating the consideration, the offence of misstating it, partial transfers, no vendor's lien, and the notice rule in section 45.
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What Is the Assurance Fund?
Part XIV of the PNG Land Registration Act: the Assurance Fund, how it is funded, payments out, the Consolidated Revenue Fund backstop, and the breach-of-trust exclusion.
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How Is a Lease Registered, and What Terms Are Implied?
Part VI of the PNG Land Registration Act: when a lease must be registered, the mortgagee consent requirement, the implied powers of the lessor, re-entry, and covenants implied against the lessee.
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What Happens to Registered Land When the Owner Dies?
Part XII Division 2 of the PNG Land Registration Act: transmission of registered land on death, who counts as a personal representative, the application to the Registrar, and how it differs from a transfer.
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What Can I Do If the Registrar Refuses to Register My Dealing?
Section 145 of the PNG Land Registration Act: summoning the Registrar to show cause, the six-day notice, who bears the costs, and the Assurance Fund certificate.
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What Powers Does the Registrar of Titles Have?
Part XVII of the PNG Land Registration Act: the Registrar's powers to refuse, requisition, summon, dispense with production, register informal documents, and correct the Register.
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What Is a Certificate of Title, and What Does the Register Look Like?
Part III Division 1 of the PNG Land Registration Act: preparation of certificates of title, the Register and its folios, registration, and the certificate as conclusive evidence.
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How Are Instruments Registered, and Who Gets Priority?
Part III Division 4 of the PNG Land Registration Act: registration of instruments, the priority rule in section 24, the memorial, and what happens if you cannot produce the title.
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What Happens If I Lose My Certificate of Title?
Section 162 of the PNG Land Registration Act: replacing a lost, destroyed or defaced instrument of title, the evidence required, the 14-day advertisement, and the validity of the replacement.
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How Are State Leases Recorded on the Register?
Part IV of the PNG Land Registration Act: the Register of State Leases, the State lease as a folio, the section 35(4) bar on registering dealings, and notifying variations.
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How Do I Search a Title, and What Should I Look For?
How to search a land title in Papua New Guinea: what the folio shows, the interests that bind without appearing on it, the Land Act searches, and a due diligence checklist.
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What Is the Fraud Exception to Indefeasibility?
The fraud exception in section 33(1)(a) of the PNG Land Registration Act: what counts as fraud, whose fraud matters, why notice is not fraud, and how it must be pleaded and proved.
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What If There Are Two Titles Over the Same Land?
Section 33(1)(c) of the PNG Land Registration Act: overlapping and duplicate titles, why the prior instrument prevails, how duplicate titles arise, and what the later proprietor can recover.
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What If the Boundaries or Description on My Title Are Wrong?
Sections 33(1)(d) and (e) and Part XVI of the PNG Land Registration Act: omitted easements, wrong descriptions and boundaries, and how to apply to amend a certificate of title.
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Can a Registered Title Be Challenged?
How and when a registered title can be attacked in PNG: the nine section 33 exceptions, why Mudge closed the door on grant irregularities, the practical routes, and the compensation alternative.
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If I Know About Someone Else’s Unregistered Interest, Am I Bound by It?
Notice and unregistered interests in PNG land law: sections 24(1)(b) and 45 of the Land Registration Act, why notice is not fraud, the section 28 occupation qualification, and how to protect an unregistered interest.
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Who Can Object to a Customary Land Registration Plan?
Sections 34G to 34J of the PNG Land Registration Act: publication of a customary land Registration Plan, the objection period, what an objection must contain, and the Final Registration Plan.
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What Are Derivative Interests in Customary Land?
Derivative interests in PNG customary land: what they are, how section 34F of the Land Registration Act records them on a Registration Plan, and why they matter in acquisitions and SABLs.
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Does Registering Customary Land Let the Group Sell It?
What customary land registration under Part IIIA of the PNG Land Registration Act does and does not permit: section 132 of the Land Act, the lawful dealing routes, and the difference from tenure conversion.
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Can Someone Else Deal With My Land for Me?
Part XIII of the PNG Land Registration Act: powers of attorney over land, depositing with the Registrar, the memorial, evidentiary effect, and why the Registrar may presume the power unrevoked.
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What Happens Between Signing the Contract and Being Registered?
The gap between contract and registration in PNG land transactions: why priority runs from production, the section 24(2) duplicate-title rule, caveats, and a settlement checklist.
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How Do I Transfer Only Part of My Land?
Transferring part of a parcel in PNG: section 42(6)(b) and section 13 of the Land Registration Act, the survey requirement, new certificates of title, and the Land Act subdivision step.
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Can a Company Hold and Transfer Land?
Companies as registered proprietors of land in PNG: execution, the citizenship limits on freehold and customary land, the section 129(3) share-dealing rule, and due diligence on a company vendor.
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What Is an Easement, and How Is It Registered?
Part IX of the PNG Land Registration Act: registering easements over dominant and servient land, the short-form right of carriage-way, incorporeal rights, and customary rights registered through the Custodian.
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How Does a Registered Lease End?
How a registered lease ends in PNG: expiry, surrender, the section 50 implied power of re-entry, determination of the head lease, and the effect on subleases under section 54(6).
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How Does a Mortgagee Sale Work?
Section 68 and 69 of the PNG Land Registration Act: the mortgagee's power of sale, how the land may be sold, the order of application of proceeds, and the protection of the purchaser.
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How Is a Mortgage Discharged?
Section 77 of the PNG Land Registration Act: discharging a mortgage or charge, partial discharges, why registration is essential, and transferring a mortgage under section 66.
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What Is a Charge, and How Does It Differ From a Mortgage?
Charges under Part VII of the PNG Land Registration Act: how a charge differs from a mortgage, the creditor and debtor terminology, instalment securities, and the shared remedies.
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Who Can Lodge a Caveat, and What Interest Do You Need?
Section 82 of the PNG Land Registration Act: who may lodge a caveat, what counts as a caveatable interest, what does not, the form requirements, and acceptance by the Registrar.
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A Caveat Is Blocking My Sale. How Do I Remove It?
Removing a caveat in PNG: withdrawal under section 93, consent under section 86(2), cancellation by the Registrar under section 89, and the section 88 summons to show cause.
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What Happens When a Caveat Lapses?
Section 91 of the PNG Land Registration Act: the three-month lapse of a caveat, the two exceptions, the section 92 bar on re-lodging, and what to do before time runs out.
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Can I Be Sued for Lodging a Caveat?
Section 90 of the PNG Land Registration Act: liability in damages for lodging a caveat without reasonable cause, what “reasonable cause” means, who can sue, and how to protect yourself.
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How Are Trusts Dealt With on the Register?
Part XI of the PNG Land Registration Act: the curtain principle, the prohibition on entering trusts in the Register, instruments of nomination, separate declarations of trust, and how a beneficiary protects an interest.
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How Does an Estate Transfer Land to the Beneficiaries?
Getting registered land from a deceased estate to the beneficiaries in PNG: transmission then transfer, why the second step is a controlled dealing, keeping a State lease alive, and customary land.
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What If There Is No Will, or No One Willing to Administer the Estate?
Intestacy and unadministered estates in PNG: letters of administration, an order to administer by the Public Trustee, how the Land Registration Act treats each, and the risks of doing nothing.
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Can I Bring an Ejectment Action Against a Registered Proprietor?
Division 2 of Part XV of the PNG Land Registration Act: ejectment against a registered proprietor, the eight exceptions in section 146(2), and the protection of a good faith purchaser.
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Who Can Hold Freehold Land in Papua New Guinea?
Section 56(1)(b) of the PNG Constitution and the Land (Ownership of Freeholds) Act (Chapter 359): who may acquire freehold land, what the Act does, and why the restriction exists.
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How Is Freehold Converted Into a State Lease?
Part IV of the PNG Land (Ownership of Freeholds) Act: converting freehold interests and frustrated rights into substitute State leases, the application, objections to the National Court, and the grant.
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Can a Dual Citizen Acquire Freehold Land?
Dual citizenship and freehold land in PNG: how section 56 of the Constitution frames the restriction, what it means in practice, and the alternatives available.
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What Happens If a Non-Citizen Acquires Freehold?
The consequences of a non-citizen acquiring freehold land in PNG: the constitutional prohibition, indirect interests under section 4, the registration position, and the lawful alternatives.
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What Is a Substitute Lease, and What Are Its Terms?
Sections 22 to 26 of the PNG Land (Ownership of Freeholds) Act: the terms of a substitute lease, its effect on ownership, the section 53 constitutional protection, and stamp duty relief.
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Why Does Papua New Guinea Restrict Freehold Land?
The policy behind PNG's freehold restriction: the Fourth and Fifth National Goals, section 56(1)(b), the customary land prohibition, and how leasehold became the working commercial tenure.
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What Is Customary Tenure Conversion?
The PNG Land (Tenure Conversion) Act 1963: what conversion does, who may apply, the conversion plan and objection period, and how it differs from customary land registration.
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What Are the Rules Against Fragmentation of Converted Land?
Part III of the PNG Land (Tenure Conversion) Act 1963: the minimum area and frontage rule, the six-owner limit, restrictions on later dealings, and the 25-year consent and mortgage limits.
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How Do I Apply for Tenure Conversion?
Applying for tenure conversion in PNG: the application under section 7, the conversion plan, the notice and 30-day objection period, boundary inspection, and what the Commission must be satisfied of.
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What Can You Do With Converted Land Afterwards?
Dealing with land after tenure conversion in PNG: section 26 of the 1963 Act, the endorsed limitations, mortgaging converted land, and the interaction with the Land Registration Act.
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Does the Preamble to the PNG Constitution Have Legal Force?
The Preamble to the Papua New Guinea Constitution explained: what it contains, why the National Goals are non-justiciable under section 25, and where it still binds government.
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What Are the Five National Goals and Directive Principles?
The five National Goals and Directive Principles in the PNG Constitution explained in plain language, with what each one actually calls for and what legal weight it carries.
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What Are the Basic Social Obligations in the PNG Constitution?
The Basic Social Obligations declared in the Preamble to the PNG Constitution, what each one requires, and whether they can be enforced in a court.
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What Does the Constitution Say About PNG's Territory and Sovereignty?
Sections 1 to 5 of the PNG Constitution explained: the Independent State, the area of the country, absolute sovereignty over natural resources, the National Capital District and provinces.
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What Are PNG's National Symbols, and Who Protects Them?
Section 3 of the PNG Constitution on national symbols, the National Seal Act, protection of the country's name, and what the law does about misuse of national symbols.
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What Are the Laws of Papua New Guinea?
Section 9 of the PNG Constitution lists the sources of Papua New Guinean law. What each source is, how they rank, and why the closed list matters.
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What Does It Mean That the Constitution Is the Supreme Law?
Section 11 of the PNG Constitution explained: supreme law, invalidity to the extent of inconsistency, self-executing provisions, and how a law is struck down.
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What Is an Organic Law, and How Is It Different From an Act?
Section 12 of the PNG Constitution on Organic Laws: the three requirements, why they rank as supreme law, how they are amended, and a list of PNG's Organic Laws.
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How Is the PNG Constitution Amended?
How the Papua New Guinea Constitution is amended: sections 13 to 17, the double-debate requirement, Gazette publication, the Speaker's certificate and the self-evident error shortcut.
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What Is a Section 19 Special Reference?
Section 19 of the PNG Constitution: who can make a special reference to the Supreme Court, what questions can be asked, and why the opinion binds like any other decision.
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What Is the Underlying Law, and Where Does Custom Fit?
Schedule 2 of the PNG Constitution and the Underlying Law Act 2000 explained: how custom is recognised, how English common law was adopted, and how courts must develop an indigenous jurisprudence.
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Who Is Subject to the Leadership Code?
Section 26 of the PNG Constitution: the full list of leaders subject to the Leadership Code, how the list can be extended, and who decides doubtful cases.
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What Duties Does the Leadership Code Impose?
Section 27 of the PNG Constitution explained: the four duties of leadership, the ban on using office for personal gain, responsibility for family and associates, and what makes conduct misconduct in office.
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What Is a Conflict of Interest Under the Leadership Code?
Conflict of interest under section 27 of the PNG Constitution: what counts, the “could have” test, contracts with governmental bodies, and how a leader should manage a conflict.
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What Happens at a Leadership Tribunal?
Leadership tribunals in PNG explained: how they are established under section 28, the natural justice requirement, the mandatory dismissal recommendation and the section 28(1A) exception.
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Who Has Basic Rights in Papua New Guinea?
Who the Basic Rights in Part III Division 3 of the PNG Constitution protect: all persons, citizens only, and non-dual citizens only, plus how section 34 applies rights between individuals.
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What Is the Difference Between an Absolute and a Qualified Right?
Absolute versus qualified rights in the PNG Constitution: Subdivision B, Subdivision C, the section 38 test, and what “reasonably justifiable in a democratic society” means under section 39.
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What Is the Right to Freedom Under Section 32?
Section 32 of the PNG Constitution explained: freedom based on law, the least-restriction principle, and how the right to freedom works alongside custom and social obligations.
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What Is the Right to Life Under Section 35?
Section 35 of the PNG Constitution explained: the right to life, the permitted exceptions, the reasonableness requirement on the use of force, and the preservation of criminal and civil liability.
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What Is Freedom From Inhuman Treatment Under Section 36?
Section 36 of the PNG Constitution explained: the absolute prohibition on torture and inhuman treatment, what it covers, and how it is enforced under sections 57 and 58.
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What Is “The Protection of the Law” Under Section 37?
Section 37 of the PNG Constitution explained subsection by subsection: fair hearing, no offence without written law, no double jeopardy, no retrospective crime, appeal rights and treatment in custody.
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What Is the Presumption of Innocence in PNG?
The presumption of innocence under section 37(4)(a) of the PNG Constitution: what it means, the reverse-onus exception, and how it works with bail and the right to silence.
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What Does Section 41 Do About Acts That Are Harsh or Oppressive?
Section 41 of the PNG Constitution explained: proscribed acts, the three limbs, the balance of probabilities standard, and how section 41 interacts with damages under section 58.
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What Rights Do I Have When I Am Arrested?
Section 42 of the PNG Constitution explained: the grounds for lawful detention, the rights on arrest, the duty to bring a person before a court without delay, the section 42(5) complaint and the right to bail.
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What Is Freedom From Arbitrary Search and Entry Under Section 44?
Section 44 of the PNG Constitution explained: search warrants, court orders, inspection powers, and how section 44 works with the Search Act and section 49 privacy.
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What Is Freedom of Conscience, Thought and Religion?
Section 45 of the PNG Constitution explained: freedom of religion and conscience, protection from compelled religious observance, the ban on forcing religion on others, and traditional beliefs.
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What Is Freedom of Expression Under Section 46?
Section 46 of the PNG Constitution explained: freedom of expression and publication, freedom of the press, the three permitted restrictions, and access to mass communications media.
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What Are Freedom of Assembly and Association Under Section 47?
Section 47 of the PNG Constitution explained: peaceful assembly, freedom of association, the right not to join, registration of associations, and public order restrictions.
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What Are Freedom of Employment and Freedom of Movement?
Sections 48 and 52 of the PNG Constitution explained: freedom of choice of employment, industrial organisation membership, freedom of movement, and the ban on expelling citizens.
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What Is the Right to Privacy Under Section 49?
Section 49 of the PNG Constitution explained: reasonable privacy of private and family life, communications and papers, the biometric exception, and how privacy works with section 44.
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What Is the Right to Vote and Stand for Public Office?
Section 50 of the PNG Constitution explained: who has the right to vote and stand, the three disqualifications, the reasonable-opportunity requirement, and how elections are regulated.
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Do I Have a Right to See Government Documents?
Section 51 of the PNG Constitution explained: the right of reasonable access to official documents, the ten exceptions, the duty to establish access procedures, and the protection of Parliament's access.
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Can the Government Take My Property?
Section 53 of the PNG Constitution explained: compulsory acquisition, the public purpose requirement, just compensation on just terms, the six exclusions, and customary land under section 54.
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What Is Equality of Citizens Under Section 55?
Section 55 of the PNG Constitution explained: the equality guarantee, the listed grounds, affirmative action under section 55(2), and the pre-Independence law exception.
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How Do I Enforce a Basic Right?
Section 57 and section 58 of the PNG Constitution explained: who can apply to enforce a Basic Right, what orders a court can make, anticipatory relief, and damages including exemplary damages.
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What Are the Principles of Natural Justice?
Sections 59 to 62 of the PNG Constitution explained: the principles of natural justice, the duty to act fairly, the development of a PNG administrative law, and decisions in “deliberate judgement”.
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Who Is an Automatic Citizen of Papua New Guinea?
Section 65 of the PNG Constitution explained: automatic citizenship on Independence Day, the two-grandparent rule, what counts as an adjacent area, and the exclusions.
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How Do I Apply for Citizenship by Naturalisation?
Citizenship by naturalisation under section 67 of the PNG Constitution: the eight-year residence rule, the seven criteria, children, the sport and investment route, and the Citizenship Advisory Committee.
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What Is Citizenship by Descent and by Marriage?
Section 66 of the PNG Constitution explained: citizenship by descent for children and grandchildren, citizenship by marriage, the residence and character requirements, and adoption.
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How Can PNG Citizenship Be Lost or Regained?
Sections 70 to 74 of the PNG Constitution: automatic loss of citizenship, acts done under compulsion of foreign law, renunciation, regaining citizenship, and children.
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What Rights Do Non-Citizens Have in Papua New Guinea?
The constitutional position of non-citizens in PNG: which Basic Rights apply, where restrictions are permitted, property under section 53(7), and detention under section 42.
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Who Is Papua New Guinea's Head of State?
Part V of the PNG Constitution: the Head of State, the Queen's successors, precedence, the Royal Style and Titles, and how the Head of State's functions are exercised.
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How Is the Governor-General Chosen and Removed?
Sections 87 to 95 of the PNG Constitution: qualifications for Governor-General, the exhaustive secret ballot, term of office, resignation, dismissal, removal for incapacity and suspension.
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How Is the National Parliament Made Up?
Section 99 to 102 of the PNG Constitution: the three arms of government, the composition of the National Parliament, open and provincial electorates, nominated members and women's electorates.
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How Long Does a Parliament Last, and When Are Elections Held?
Sections 104 to 106 of the PNG Constitution: the term of a member, when a seat becomes vacant, when general elections must be held, and the rules on by-elections.
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What Is Parliamentary Privilege?
Section 115 of the PNG Constitution: parliamentary privilege, freedom of speech in Parliament, immunity from proceedings, freedom from arrest for civil debt, and the Leadership Code exception.
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How Does a Bill Become an Act of Parliament?
How a Bill becomes law in Papua New Guinea: sections 109 to 116 of the Constitution, the Speaker's certificate, commencement, recommittal, and disallowance of subordinate legislation.
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What Do Parliamentary Committees Do?
The committee system in the PNG Parliament: section 118, the Public Accounts Committee, permanent parliamentary committees, the summons power, and protection for witnesses.
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What Is the National Executive Council?
Sections 138 to 150 of the PNG Constitution: the executive power, the National Executive Council, the Ministry, collective responsibility and the Secretary to the Council.
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How Is the Prime Minister Appointed?
Section 142 of the PNG Constitution: the appointment of the Prime Minister, the first-item rule, dismissal, removal for incapacity, suspension, and the Acting Prime Minister.
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How Does a Vote of No Confidence Work?
Section 145 of the PNG Constitution: motions of no confidence in the Prime Minister, the Ministry or a Minister, the notice requirement, the grace period and the nomination rule.
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How Are Ministers Appointed and Dismissed?
Section 144 of the PNG Constitution: the number of Ministers, appointment on the Prime Minister's advice, dismissal, suspension, portfolios and resignation.
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What Courts Make Up the National Judicial System?
Sections 154 to 159 and 172 to 175 of the PNG Constitution: the National Judicial System, the National Justice Administration, the Magisterial Service, and courts applying custom.
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What Does the Supreme Court of PNG Do?
The Supreme Court of Papua New Guinea: composition, the three-judge rule, appellate and constitutional jurisdiction, section 155(2), and how a case reaches it.
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What Is Section 155(4), and Why Do Lawyers Cite It Constantly?
Section 155(4) of the PNG Constitution explained: prerogative orders, the power to do justice in a particular case, the primary-rights limit, and section 155(5) review.
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How Are Judges Appointed, and Can They Be Removed?
Sections 168 to 183 of the PNG Constitution: appointment of the Chief Justice and other judges, the three grounds of removal, removal tribunals, and suspension on full pay.
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What Protects Judicial Independence in PNG?
Section 157 of the PNG Constitution and the wider architecture of judicial independence: the ban on directions, security of tenure, appointment by commission, and remuneration by Organic Law.
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What Does the Public Prosecutor Do?
Sections 176 and 177 of the PNG Constitution: the Public Prosecutor's functions, independence from direction, the national-security exception, and the tabling requirement.
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What Does the Public Solicitor Do, and Can I Get a Free Lawyer?
Section 177 of the PNG Constitution: the Public Solicitor's functions, the two-year rule, how “need” is assessed, court directions to provide aid, and applying for help.
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What Is the Provincial and Local-level Government System?
Part VIA of the PNG Constitution: the provincial and local-level government system, the Organic Law, funding and taxation, devolution of powers, and the National Economic and Fiscal Commission.
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Who Does What — National, Provincial or Local Government?
Section 187D of the PNG Constitution and the allocation of powers between the National Government, Provincial Governments and Local-level Governments, and how conflicts are resolved.
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What Does the Public Services Commission Do?
Sections 190 to 194 of the PNG Constitution: the Public Services Commission, its appointment by a five-member committee, its review functions, independence, and annual report.
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What Does the Constitution Say About the Police Force?
Sections 196 to 199 of the PNG Constitution: control of the Police Force, its primary functions, independence in charging decisions, the Commissioner of Police, and the one-force rule.
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What Does the Constitution Say About the Defence Force?
Sections 200 to 206 of the PNG Constitution: unauthorized forces, control of the Defence Force, its functions, call-out in aid to the civil power, and active service abroad.
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What Is the National Budget Process?
Section 209 of the PNG Constitution: the National Budget, the three separate appropriations, estimates from the Speaker and Chief Justice, and consultation with parliamentary committees.
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What Does the Auditor-General Do?
Sections 213 and 214 of the PNG Constitution: the Auditor-General's appointment, independence, audit functions, reach over statutory bodies, and reporting to Parliament.
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What Is the Public Accounts Committee?
Sections 215 and 216 of the PNG Constitution: the Public Accounts Committee, its functions, its reach over Auditor-General reports, and the protection for witnesses who give evidence.
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What Does the Ombudsman Commission Do?
Sections 217 to 220 of the PNG Constitution: the Ombudsman Commission, how it is appointed, what “wrong conduct” means, the limits on its jurisdiction, and its powers of enforcement.
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What Is the Independent Commission Against Corruption?
Division VIII.3 of the PNG Constitution: the Independent Commission Against Corruption, its purposes and functions, independence, oversight committee, and relationship with the Ombudsman Commission.
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Who Are the Constitutional Office-holders, and Why Are They Protected?
Part IX of the PNG Constitution: who is a constitutional office-holder, the guarantees in section 223, protection of emoluments, and the duty to provide facilities.
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When Can a National Emergency Be Declared?
Sections 226 to 229 and 239 of the PNG Constitution: what counts as an emergency, who declares it, the 21-day expiry, parliamentary extension and revocation.
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What Happens to My Rights During a Declared Emergency?
Section 233 and section 40 of the PNG Constitution: which Basic Rights an emergency law may alter, the six that are untouchable, and the extra limits on Emergency Regulations.
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What Is an Emergency Regulation, and What Limits Apply?
Sections 230 to 232 of the PNG Constitution: Emergency Acts, Emergency Regulations, the automatic expiry rule, emergency orders and the limits on all of them.
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How Do I Read a Section of the Constitution?
How to read the PNG Constitution: Schedule 1 interpretation rules, the numbering system, non-justiciable provisions, and the aids to interpretation in sections 24 and 39.
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What Is the Autonomous Bougainville Government?
Part XIV of the PNG Constitution: the Autonomous Bougainville Government, the Bougainville Peace Agreement, the Bougainville Constitution, and the institutions of autonomy.
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What Does the Constitution Say About the Bougainville Referendum?
Sections 338 to 343 of the PNG Constitution: when the Bougainville referendum was to be held, the good-governance and weapons-disposal conditions, the question, and what happens with the results.
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What Is Stamp Duty, and Who Has to Pay It?
Stamp duty is a tax on documents, not on things. Which instruments are still chargeable, who bears the duty, and the 60-day stamping deadline.
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What Stamp Duty Is Payable on a Lease?
Rates by length of term, the jump at five years, exemptions for State and mining leases, and the refund where a lease ends early.
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Is There Stamp Duty on Transferring Shares?
1% on ordinary transfers, but land-holding shares are taxed on the property scale up to 5% — and Division 10A catches acquisitions in landholding companies.
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Which Stamp Duties Have Been Abolished?
Mortgages, bills of lading, credit transactions, company constitutions, memoranda of agreement, insurance policies and the debits tax — all gone in 2008.
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What Happens If I Do Not Stamp a Document?
An offence, penalty duty of 10% of the unpaid duty for every 30 days, and a document that cannot be given in evidence when you need it.
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How Is Stamp Duty Assessed, and Can I Object?
The Collector assesses and can amend. You have 30 days to object — and must pay first — then 60 days to appeal to the National Court.
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Is There Stamp Duty on a Gift or an Inheritance?
A gift is dutiable; a transfer to beneficiaries under a will or letters of administration is exempt. The trustee and charitable exemptions too.
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Can I Get a Refund of Stamp Duty?
Rescission, early determination of a lease, an instrument that never took effect, or a successful objection — and the 12-month limit that ends the right.
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Splitting a Deal to Reduce Duty: What the Act Says
Section 16A taxes split transactions as one, sections 45 and 92 make evasive instruments and agreements void, and Division 3A reaches deals done with no document at all.
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When Can You Be Searched?
The five situations in section 3, the limits in section 4 on decency and force, and the rule that a woman may only be searched by or before an adult female.
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Searching Without a Warrant
Three vehicle powers, a craft safety power, and the single building power — immediate pursuit — plus the duty to leave a searched place as it was found.
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Search Warrants
Which courts may issue a warrant, what must be sworn, what the warrant must say, and the special rule requiring a commissioned officer for a village search.
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Can Police Search Me on the Street?
What section 3(1) actually requires, why a general sweep is not authorised, how the search must be conducted, and what to do at the time.
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Can Police Search My House Without a Warrant?
The single immediate-pursuit exception, what a warrant must contain, what the search party may do inside, and the statutory duty to leave your house tidy.
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Police Want to Search Our Village — What Are the Rules?
The village warrant under section 6(2), the duty to endeavour to obtain the co-operation of the customary leaders first, and the record a community should keep.
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Can I Sue Over an Unlawful Search?
The section 17 remedy, the breaches that found a claim, the constitutional route under sections 44, 49 and 53, and the six-month notice that defeats most claims.
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What Is Adoption in Papua New Guinea?
The two legal routes — a National Court adoption order under the Adoption of Children Act (Chapter 275) and adoption by custom under Part VI — and what each one really means.
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Who Can Adopt a Child in PNG?
Age, marriage and residence requirements, when a single person may adopt, and the jurisdictional rule that catches applicants living overseas.
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Consent — Who Must Agree Before a Child Can Be Adopted?
Whose consent the Act requires in each situation, the formalities that make it valid, and the grounds on which a court may dispense with it.
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Customary Adoption in Papua New Guinea
Section 53 deems a child adopted by custom to be adopted for the purposes of any law — but subject to the limitations and conditions of that custom.
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What an Adoption Order Actually Changes
Parentage, surname, domicile and inheritance from the moment the order is made — and the few things that do not change.
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How Do I Apply to Adopt a Child in Papua New Guinea?
The steps from first contact with the Office of Child and Family Services to the National Court order, the Director’s report, and what it costs.
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Can I Adopt My Relative’s Child, or a Child I Am Already Raising?
The relative carve-out in section 43, adoption of a person already brought up as your own, and adult adoption under section 6(1)(b).
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Can the Birth Parents Change Their Mind and Take the Child Back?
Revoking a consent, the effect of an order once made, and the narrow grounds for discharging an adoption order under section 13.
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Can a Foreigner Adopt a Child from Papua New Guinea?
The residence and domicile requirement that decides jurisdiction, what Rosalind Dawn Glass decided, and the practical intercountry position.
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Who Is the Public Trustee?
The office once called the Public Curator: what kind of body it is, the agents it appoints, its statutory functions, and who audits it.
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What Is a Deceased Estate?
Real estate and personal estate, the 21-year lease line, what customary land does not form part of, and what comes out of an estate before anyone inherits.
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What Is an Order to Administer?
The seven situations in section 10 that let the Public Trustee take over an estate — including the three-month rule that catches families unaware.
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When Does the Public Trustee Hold a Trust?
Trusts for children, trusts under the Mental Health and Insolvency Acts, the power to decline, and the Investment Advisory Board that oversees trust money.
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The Public Trustee Is Handling My Relative’s Estate — What Are My Rights?
The written request that compels disclosure of the estate file, the section 34 power to make the Office show cause in the National Court, and the limits of its indemnity.
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Why Is It Taking So Long — and What Happens to Unclaimed Money?
The waiting periods built into the Act, the six-year rule that sends estate money to the Consolidated Revenue Fund, and how to get it back by court order.
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Can I Get Bail for Wilful Murder or Murder in PNG?
Why the two homicide charges are treated differently, what Yausase and Felix Kange decided about the section 42(6) presumption, and what actually persuades a court.
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How Much Is Bail in PNG, and Do I Get the Money Back?
There is no bail scale in PNG. How amounts are set, what the Act says about affordability, figures from reported cases, and the Form 24 order that refunds your cash.
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What Is an Arrest in Papua New Guinea?
What an arrest legally is, why section 30 means every power of arrest must come from a written law, the two-part test for “reasonable grounds”, and how the Arrest Act is put together.
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Can Police Arrest You Without a Warrant in PNG?
The five powers of arrest without warrant in Part II of the Arrest Act, how the citizen’s power differs from the police power, when a court will issue a warrant, and whether it must be shown to you.
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What Are Your Rights When You Are Arrested in PNG?
What must be said to you at the moment of arrest, the limits on force, the duties of the officer-in-charge under section 18, and the rules on finger-prints and medical examinations.
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What Is Bail in Papua New Guinea?
Bail explained from the beginning: what it actually is, the right in section 42(6) of the Constitution, and the three questions in every bail decision.
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Who Can Grant Bail in PNG? Police Bail, District Court and National Court Explained
Which bail authority you deal with, the section 4 charges only the National Court can hear, when police may grant bail, and the Bail Rules 2021.
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Why Was My Bail Refused? The Ten Grounds in Section 9 of the Bail Act
The only ten grounds on which bail can be refused, what Fred Keating v The State decided about the court’s discretion, and what “showing cause” takes in practice.
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Bail Refused? How to Make Another Bail Application in PNG
Section 13 gives a right to apply again immediately. How a fresh application differs from an appeal, the document you must have, and how to make the second attempt stronger.
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Bail Money, Guarantors and Conditions in PNG: What You Are Really Signing
What sections 17 to 22 and 28 mean for the person on bail and for the guarantor — the five limits on conditions, forfeiture, and the 14-day right to go back to court.
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