The Supreme Court is not in continuous session. It sits in blocks, and everything in the Listings Rules is timed backwards from those blocks. Knowing the calendar tells you when an appeal can realistically be heard.
Who fixes the sittings
36. The Chief Justice, after consultation with the other Judges, shall determine the Principal Seat of the Supreme Court. 37. The Chief Justice, after consultation with the other Judges, shall determine (a) the place and frequency of sittings of the Supreme Court; and (b) the location and number of registries of the Court.
The Chief Justice will assign Judges to conduct hearings of the Court as may be determined in the Annual Circuit Calendar issued by the Chief Justice; and at such other times and places as the Chief Justice decides having regard to the volume of appeals and the urgency or importance of an issue to be decided.
The Principal Seat and the main registry are at Waigani in Port Moresby, and the forms in the First Schedule are addressed to the Registrar there. Rule 1 defines the “Circuit Calendar” as the annual calendar for the year as determined by the Chief Justice, and it is published by the Registry. Sittings are typically held in most months of the year, each lasting one or two weeks, with the bench for each matter assigned under Rule 4.
The monthly cycle
| When | What | Who | Rule |
|---|---|---|---|
| Second Tuesday of the month | Call over of every matter with a book filed | Registrar | O 13 r 7(7) |
| Immediately after | Form 10A notices of the directions hearing | Registrar | O 13 r 8(b) |
| First Monday of the circuit month | Directions hearing; hearing dates fixed; Form 18 notices | Duty Judge | O 13 r 8 |
| During the month | Further directions hearings; motions days; urgent applications | Duty Judge | O 13 rr 9, 14, 15 |
| Monday of the week before the sittings | Status conference; Hearing List confirmed | Duty Judge | O 13 r 10 |
| Within 2 days | Hearing List issued to all parties | Registrar | O 13 r 12(2) |
| The sittings | Appeals heard by benches of three or more Judges | The Court | Constitution s 161; O 13 r 4 |
So an appeal whose book is filed early in one month can, if everything is in order, be called over that month, given directions at the start of the next, and heard at the sittings of that or the following month. In practice transcripts, books and submissions stretch the timetable. See how long a Supreme Court appeal takes.
If the appeal is not reached
If a matter is not heard at the appointed time it must not be adjourned generally. The matter must be fixed or adjourned to either the next sittings of the Court or the next call over or the next Directions Hearing, whichever is appropriate. Order 7 Rule 61 adds that if for any reason an appeal is not heard or disposed of at the sittings for which it was set down, it shall, subject to any direction, stand adjourned to the next sittings.
Rule 13(3) to (5) govern adjournment of a listed hearing: sufficient cause must be shown, by written application on affidavit to the bench before which the matter is listed, filed and served three clear days before the hearing. See adjourning a Supreme Court appeal.
Between sittings
The Court as a bench of three sits only in the sittings, but a single Judge is available throughout the month. The Duty Judge hears applications for leave to appeal, extensions of time, bail, security for costs, stays and directions under sections 5 and 10 of the Act. The Registrar is open for filing, settles appeal books and taxes costs. Judgments reserved at a sittings may be delivered at any later sittings, and section 12 of the Act allows the opinion of an absent Judge to be read by another. See the Duty Judge and reserved judgments.
Sittings outside Waigani
Section 37 allows sittings anywhere in the country, and the Court has from time to time sat in Lae, Mount Hagen and other centres, particularly for criminal appeals where the appellant is in custody in the region. Section 9 of the Act requires an appellant in custody to be present at the hearing unless he consents to its proceeding in his absence, so circuit sittings reduce the cost of producing prisoners. Form 18, the notice of hearing, refers to the sittings “at Waigani” but the Registrar substitutes the place fixed. Filing remains at the Waigani Registry unless a sub-registry is designated under section 37(b).
Election petition reviews
Election petition reviews run on their own clock under Order 5 Division 2, with a directions hearing within 14 days of filing and a pre-hearing conference within 21 days, and are heard as the Circuit Calendar allows, usually with priority because of the public interest in settling the result. See what happens after leave in an election petition review.
Sources
- Supreme Court Act (Chapter 37) — ss 5, 9, 10, 12, 36, 37
- Supreme Court Rules 2012 — O 13 rr 1, 4, 7–15; O 7 r 61; O 5 rr 27, 33
- Constitution — s 161
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.