For most of an appeal’s life the person a litigant deals with is not a Judge but the Registrar. The office has statutory powers of its own, and the Listings Rules gave it a central place in deciding which appeals reach a bench.
The office
39. The Judicial and Legal Services Commission may appoint a person (including the Registrar of the National Court) to the office of Registrar of the Supreme Court, and such other officers as it considers necessary. A person so appointed is an officer of the Court and is not, while acting as such, subject to direction or control by any person other than the Chief Justice and the other Judges. 40. The Registrar may administer oaths and perform such duties in respect of any proceedings as are assigned by the Rules of Court or by any special order of the Court.
Order 1 Rule 7 of the Rules defines “Registrar” to include an acting, deputy or assistant Registrar, and Form 10C is addressed to the Registrar, Deputy Registrar (SC) or Assistant Registrar (SC). In practice the Registrar of the National Court holds both offices and a Deputy Registrar runs the Supreme Court Registry day to day.
What the Registrar does
| Function | Source |
|---|---|
| Accepts documents for filing, seals them, and refuses non-compliant ones (for example a statement of response over the length cap) | Act s 38; O 4 r 25(e) |
| Keeps the General List and the call over list; calls over on the second Tuesday monthly; refers matters to the Directions List or the summary determination list | O 13 rr 5–7 |
| Issues Form 10A notices of directions hearings and Form 18 or 5D notices of hearing; prepares the Hearing List | O 13 rr 8, 12; O 5 r 35 |
| Fixes the appointment to settle the appeal book, settles the index and the book | O 7 Divisions 11–15 |
| Lists extension of time applications before a Judge as soon as practicable | O 7 r 2 |
| Refers frivolous or vexatious notices for summary determination | Act s 11 |
| Gives Form 10D notice to show cause and refers stalled matters for summary determination | O 13 r 16; O 7 r 49 |
| Refers urgent requests and procedural questions to the Duty Judge or Chief Justice in Form 10C | O 13 r 14(5) |
| Fixes the date for the election petition review directions hearing; determines transcript costs | O 5 rr 21–22, 24 |
| Taxes costs, holds and pays out the K5,000 election review deposit | O 12 Division 10; O 5 rr 42, 44–47 |
| Drafts and enters orders where parties are unrepresented; sends dismissal orders to the National Court | O 13 r 16(2)(e)–(f) |
| Supplies appeal forms and instructions to prisons and anyone who asks | Act s 32 |
| Waives document and appeal book requirements that would cause hardship, after consulting the Chief Justice | O 11 r 10 |
| Administers oaths; takes examinations of witnesses as an officer of the Court | Act ss 8(1)(b)(ii), 40 |
The waiver power
Where compliance with the provisions of these rules relating to the preparation of documents or appeal books may cause unnecessary hardship, expense or delay, the Registrar may, after consultation with the Chief Justice, or if he is not available, the next most senior Judge in Chambers, waive compliance to such extent as in his opinion is reasonable.
This is the only general relieving power in the appeal rules, and it belongs to the Registrar, not a Judge. It covers the form and content of documents and books: the number of copies, the reproduction of a long transcript, the inclusion of exhibits. It does not extend to time limits or to the requirement that a book be filed at all. See whether the Supreme Court can waive its own Rules.
What the Registrar cannot do
The Registrar cannot grant leave, extend time, order a stay, dismiss an appeal or decide an objection to competency. Where the Registrar refers a matter for summary determination, it is the Court or a Judge that determines it under Order 13 Rule 16(2)(d) and section 11(2). A dispute about the contents of a book that the Registrar cannot resolve goes to the Duty Judge under Rule 7(5). A party dissatisfied with a taxation applies for review to a Judge. And the Registrar has no power to accept a document out of time; that needs an order.
Dealing with the Registry
The Registry is at the Supreme Court at Waigani, postal address PO Box 7018 Boroko, the address printed on the Second Schedule forms and Form 13. Filing is over the counter with the fee, and lawyers may take a compartment in the document exchange box under Order 11 Rule 4(a)(iv), deposit in which counts as service. Requests for urgent appointments are made in writing to the Registrar under Order 13 Rule 14. Order 2 Rule 1 applies the National Court Rules on the registry, documents, lawyers, fees and funds in court where the Supreme Court Rules are silent. See how documents are served and the Registrar’s role in a criminal appeal.
Sources
- Supreme Court Act (Chapter 37) — ss 8, 11, 32, 38, 39, 40
- Supreme Court Rules 2012 — O 1 r 7; O 2 r 1; O 4 r 25; O 5 rr 21–24, 35, 42–47; O 7 rr 2, 49, Divisions 11–15; O 11 rr 4, 10; O 12 Division 10; O 13 rr 5–8, 12, 14, 16; Forms 10A, 10C, 10D, 18
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.