Leave is only the door. Order 5 Division 2 then runs the review on a timetable measured in days, because an election result must be settled quickly. Each step has a rule and most have a form.
Step 1: file the application within 14 days
18. The application for review shall be filed within 14 days from the date of grant of leave or such further period as the Judge determines upon application made within those 14 days. 19. It shall state that the application lies with leave and the date leave was granted; whether the whole or part of the judgment is reviewed; briefly but specifically the grounds; the judgment or relief sought; be in Form 5B; and be signed by the applicant. 20. At the time of filing the applicant shall indicate whether a transcript is required and request it, and file a draft Index of the Review Book. 21. The application shall include the date and time fixed by the Registrar for the Directions Hearing. 22. That date shall not exceed 14 days from filing. 23. The application shall be filed in the Supreme Court Registry at Waigani.
Form 5B carries, after the application itself, the applicant’s and lawyer’s details, the transcript boxes, and the Registrar’s appointment of the directions hearing with its ten-item agenda. Rule 24 makes the applicant pay for the transcript at the cost the Registrar fixes. The forms are on the Supreme Court Forms page.
The timetable
| Step | Time | Rule | Form |
|---|---|---|---|
| File application to review, draft index, transcript request | 14 days from leave | rr 18–20, 23 | 5B |
| Serve on respondents and any person the Court considers interested | 7 days from filing | r 25 | — |
| Respondents file notice of appearance | 7 days from service | r 26 | 5C |
| Directions hearing before a Judge | Within 14 days of filing | rr 27–28 | 5B appointment |
| Review book compiled, filed and served | 14 days after the directions hearing | rr 29–32 | — |
| Pre-hearing conference before a Judge | Within 21 days of the directions hearing | rr 33–34 | — |
| Notice of hearing | After the pre-hearing conference fixes the date | r 35 | 5D |
| Hearing of the review and any objection to competency | Date fixed | r 36 | — |
Step 2: the directions hearing
Rule 28 lists what the Judge considers: legal representation; the grounds of review; identification of the legal issues; consolidation of multiple applications about the one election; the transcript; objections to competency; the manner of argument including extracts of submissions; settlement of the index; compilation of the review book; and the number of hearing days. This is where an objection to competency is flagged so that it can be heard with the review under Rule 36, and where the index is settled so that the book can be built. See the review book.
Step 3: the pre-hearing conference
At the Pre-Hearing Conference, the Judge shall consider and determine or give such directions as may be necessary to ensure prompt disposition: (a) legal representation; (b) the correctness of the Review Book; (c) the grounds to be argued; (d) the legal issues to be argued; (e) consolidation; (f) the manner of presentation of argument including filing extracts of written submissions; (g) the number of days; (h) fix a date for the hearing.
The Registrar then issues Form 5D, the notice of hearing, under Rule 35.
Default, stay and dispensation
37. Where a party has not done an act required, has not prosecuted the application with due diligence, or has failed to comply with a direction, the Court or a Judge may, on its own motion or on application, (a) dismiss the application for leave or for review where the defaulting party is the applicant; (b) where the defaulting party is the respondent, set the matter down for an expedited hearing; or (c) fix a time peremptorily and make such orders as it deems just. 38. The filing of an application for review does not operate as a stay of enforcement of the National Court decision. 39. The Court or a Judge may dispense with compliance with any requirement of the Rules, before or after the occasion for compliance, unless it is a requirement of the Organic Law.
Rule 38 means that where the National Court has declared the election void, the seat stays vacant, and where it has upheld the member, the member sits, unless a stay is obtained on application. Rule 39 is the only general dispensing power in the Supreme Court Rules and it lives in this Division alone; it cannot save a step the Organic Law itself fixes. See whether the Supreme Court can waive its own Rules.
Costs and the deposit
Costs are in the Court’s discretion under Rule 40, taxed by the Registrar on the Third Schedule scale under Rules 41 and 42, with a 7-day review to a Judge under Rule 43. The K5,000 security deposit paid on the leave application under Rule 13 is paid out to the party awarded costs after taxation, shared equally where several respondents are awarded costs, and refunded to the applicant if not claimed within three months. See the security deposit and the election petition review scale of costs. The leave stage is covered in how to file an election petition review.
Sources
- Supreme Court Rules 2012 — O 5 rr 7–48; Forms 5A–5D; Third Schedule
- Constitution — s 155(2)(b)
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.