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District Court
The court most Papua New Guineans actually use. It deals with summary offences, commits the serious ones to the National Court, decides civil claims up to its money limit, and sits as the Family Court under the Lukautim Pikinini Act 2015.
Where it comes from
(1) Acts of the Parliament may establish, or provide for the establishment of, courts within the National Judicial System in addition to the Supreme Court and the National Court, and may define their powers, functions and jurisdictions and their relationship with other components of the System.
(3) Full-time members of such courts are appointed by the Judicial and Legal Services Commission, and may be removed only for incapacity or misbehaviour.
A Magisterial Service is established, consisting of the Chief Magistrate, all other members of courts established under section 172, and such other persons employed in connection with the National Judicial System.
The District Court is constituted under the District Courts Act (Chapter 40), which sets out its criminal and civil jurisdiction, its monetary limits, and its practice and procedure. Its magistrates are members of the Magisterial Service under Constitution section 173.
The District Courts Act (Chapter 40) is not available on PacLII at the time of writing, so no link is given for it here. Monetary limits and fees are set by that Act and by regulations, and they change — check the current position at the court registry.
All 79 forms prescribed by Schedule 2 of the District Courts Regulation, from the complaint and information to the notice of appeal, are on the District Court Forms page, each downloadable in Microsoft Word and PDF.
Criminal jurisdiction
| Function | What happens |
|---|---|
| Summary offences | Tried and determined by a magistrate, without a jury and without an indictment |
| Indictable offences triable summarily | Some offences may be dealt with summarily where the Act allows — see, for example, which cybercrime offences a District Court can hear |
| Committal proceedings | For offences that must be tried on indictment, the District Court decides whether there is sufficient evidence to commit the accused to the National Court — see committal proceedings and bail |
| Bail | In most cases; the most serious charges go to the National Court — see bail money, guarantors and conditions |
| Warrants | Search warrants and warrants of arrest |
At a committal the District Court is not deciding guilt. It is deciding whether the evidence is sufficient to put the accused on trial in the National Court.
Constitution section 37 protects the accused throughout: the presumption of innocence in s 37(4)(a), the right to be informed of the charge, and the right to a fair hearing within a reasonable time by an independent and impartial tribunal.
Where the accused is a child, the Juvenile Justice Act 2014 applies — and section 119(b) of the Lukautim Pikinini Act 2015 directs that it does.
Civil jurisdiction
The District Court hears civil claims up to the limit fixed by the District Courts Act. Claims above it belong in the National Court, which under Constitution section 166(1) is a court of unlimited jurisdiction.
The advantages of the District Court are real: it sits in every district centre, its procedure is simpler, and it is far cheaper. The limit is the constraint.
Appeals from the District Court lie to the National Court.
The Family Court
(1) The Minister may, on the advice of the Judicial and Legal Services Commission, by notice in the National Gazette, establish a Family Court in and for a specified area.
(3) All District Court Magistrates shall be deemed as Family Court magistrates.
(5) The practice and procedure of the District Courts shall apply to the Family Court with relevant modifications where necessary.
Because every District Court magistrate is deemed a Family Court magistrate, the Family Court sits wherever a District Court sits.
Under section 88 it has jurisdiction over child protection, parenting orders (custody), maintenance of a child and parent, access, guardianship and matters relating to an adopted child.
That matters because the Matrimonial Causes Act (Chapter 282), which operates only in the National Court, excludes customary marriages entirely. For most Papua New Guinean families, the Family Court is the only realistic route.
Proceedings are begun by complaint, may be conducted informally and without regard to legal forms, and appeals lie to the National Court within 40 days.
Other work in the District Court
Maintenance orders registered from the National Court. Section 88 of the Matrimonial Causes Act allows a maintenance order to be registered in a court of summary jurisdiction and enforced there.
Attachment of earnings. Schedule 2 of that Act allows an application to the National Court or to a court in which the order is registered — see attachment of earnings orders.
Adultery and enticement. The Adultery and Enticement Act 1988 defines “Court” as a District Court — see that Act.
Coronial inquiries. A report of the death of a child in a licensed place goes to the police, who report to the coroner or a magistrate — see section 75 of the Lukautim Pikinini Act 2015.
- The National Judicial System
- The Family Court
- The National Court · Courts at provincial and local level
- Criminal law · Civil claims and court procedure
Sources
- Constitution — ss 37, 155, 158, 172, 173
- District Courts Act (Chapter 40) — not available on PacLII
- Lukautim Pikinini Act 2015 — ss 87–96, 115
- Matrimonial Causes Act (Chapter 282) — ss 4, 88
- Juvenile Justice Act 2014
Jump to a subject
90 questions and answers, grouped by subject.
- The District Court and its magistrates — 7 questions
- Criminal jurisdiction — 4 questions
- Informations, complaints and summonses — 8 questions
- Warrants of arrest and witnesses — 6 questions
- The criminal hearing — 5 questions
- Committal proceedings — 7 questions
- Bail and recognizances — 4 questions
- Sentences and orders — 7 questions
- Civil jurisdiction — 10 questions
- Civil procedure — 9 questions
- Enforcing a District Court order — 5 questions
- Appeals to the National Court — 9 questions
- Costs and fees — 3 questions
- Other work of the District Court — 5 questions
- Practical questions — 1 question
The District Court and its magistrates
What the District Court is, how it is established and constituted, who its magistrates and clerks are, where it sits, the Regulation and forms, and what happens when the Act does not cover the situation.
What Is the District Court of Papua New Guinea?
The District Court of Papua New Guinea explained: its constitutional basis, the District Courts Act (Chapter 40), what it can and cannot do, and how it differs from the National Court.
Read the answer → No. 2Who Are the Magistrates of the District Court?
Who sits as a magistrate in the PNG District Court: appointment by the Judicial and Legal Services Commission, the grades under the Magisterial Service Act, Reserve Magistrates, qualifications, and security of tenure.
Read the answer → No. 3What Is a Principal Magistrate, and Why Does the Grade Matter?
Principal Magistrates in the PNG District Court: what section 20(1A), section 21(1) and section 122(5) of the District Courts Act and section 420 of the Criminal Code reserve to them, and how the grade is filled.
Read the answer → No. 4What Does the Clerk of the District Court Do?
The Clerk of Court in the PNG District Court: appointment under section 18 of the District Courts Act, the registers under section 19 and the Regulation, the summonses and warrants a Clerk may issue, and the Clerk's role in enforcement and appeals.
Read the answer → No. 5Where Does the District Court Sit?
Where the PNG District Court sits: establishment for an area under section 14 of the District Courts Act, places for holding court under section 17, sitting outside a courthouse, Sundays, and what happens when a Court is abolished.
Read the answer → No. 6Is the District Court a Court of Record?
Why the PNG District Court is not a court of record: The State v Senior Stipendiary Magistrate; Ex parte Acting Public Prosecutor [1976] PNGLR 344, the functus officio rule, the limits on contempt, and what it means for litigants.
Read the answer → No. 7What Is the District Courts Regulation, and Do I Have to Use Its Forms?
The District Courts Regulation (Chapter 40) of PNG explained: the regulation-making power in section 278, the forms in Schedules 1 and 2, regulation 44 on non-compliance, regulation 46 on gaps, and the fee schedules.
Read the answer →Criminal jurisdiction
Section 20 and Schedule 2 of the Criminal Code: simple offences, indictable offences triable summarily, the Public Prosecutor's election, the six-month limit for laying a charge, venue, transfer to the National Court, sentencing limits, and children.
Which Criminal Cases Can the District Court Hear?
The criminal jurisdiction of the PNG District Court under section 20 of the District Courts Act: simple offences, Schedule 2 indictable offences triable summarily, committal for the rest, and the concurrent jurisdiction of the National Court.
Read the answer → No. 12What Is an Indictable Offence Triable Summarily?
Indictable offences triable summarily in Papua New Guinea: Schedule 2 and section 420 of the Criminal Code, the Public Prosecutor's election under the Public Prosecutor (Office and Functions) Act, the ten-year cap, and Ex parte the Public Prosecutor [1983] PNGLR 43.
Read the answer → No. 13What Is the Time Limit for Laying a Charge in the District Court?
Time limits for laying an information in the PNG District Court: the six-month rule in section 36 of the District Courts Act, the one-year rule in section 69 of the Summary Offences Act, indictable offences, and how time is counted.
Read the answer → No. 16What Is the Heaviest Sentence the District Court Can Give?
Sentencing limits in the PNG District Court: statutory maxima for simple offences, the ten-year cap in section 420(2) of the Criminal Code, fines under section 19 of the Code and section 200 of the District Courts Act, and the default imprisonment scale in section 201.
Read the answer →Informations, complaints and summonses
Part IV: the information and the complaint, one matter per information, defects and amendment, the summons and its service, substituted service, and who can sue and be sued.
How Does a Case Start in the District Court?
Commencing proceedings in the PNG District Court under section 28 of the District Courts Act: informations, complaints and Traffic Infringement Summonses, who may lay them, and what follows.
Read the answer → No. 20What Is a Complaint in the District Court?
The complaint in PNG District Court civil procedure: the definition in section 1 of the District Courts Act, sections 37 to 40, Form 15, particulars of demand under section 133, and the rule against dividing a demand.
Read the answer → No. 21Can One Information Charge More Than One Offence?
The rule against duplicity in PNG District Court informations: section 29 of the District Courts Act, joinder of matters, uncertainty, the prosecution's election, joint defendants and Kereku v Dodd.
Read the answer → No. 22What If the Charge Has a Mistake in It?
Defective informations in the PNG District Court: sections 32 to 34 of the District Courts Act on variances and amendment, the adjournment for a misled defendant, the limit in Ganta v Nandi, and the curative provisions in sections 163 and 245.
Read the answer → No. 23How Is a District Court Summons Served?
Service of summonses in the PNG District Court under section 47 of the District Courts Act: personal service, service at the last known abode, service on companies and corporations, the 72-hour rule, the affidavit of service, and the consequences of defective service.
Read the answer → No. 24What Is Substituted Service in the District Court?
Substituted service in the PNG District Court: section 48 of the District Courts Act, what must be shown on oath, the forms of substituted service, regulation 8, and the effect on ex parte hearings under section 143.
Read the answer → No. 25Can a Young Person Sue or Be Sued in the District Court?
Minors as parties in PNG District Court civil cases: section 39 of the District Courts Act, suing under 21, being sued from 16, next friends and guardians ad litem, and the extension of limitation periods under the Frauds and Limitations Act.
Read the answer → No. 26Can I Sue a Business Name or a Partnership in the District Court?
Parties in PNG District Court civil cases: companies, partnerships and firm names under regulation 23 of the District Courts Regulation, business names, joint defendants under regulations 21 and 22, associations, and the State.
Read the answer →Warrants of arrest and witnesses
Part IV Division 5 and Part V Division 2: warrants in the first instance, execution anywhere and on a Sunday, what happens after arrest, disobeying a summons, search warrants, and compelling witnesses.
When Can a Magistrate Issue a Warrant of Arrest?
Warrants of arrest in the PNG District Court: sections 35, 49 to 54 of the District Courts Act, section 8 of the Arrest Act, warrants after a summons is disobeyed, what a warrant must contain, and bail endorsed on the warrant.
Read the answer → No. 28What Happens After I Am Arrested on a District Court Warrant?
Rights and procedure after arrest on a warrant in Papua New Guinea: sections 55 and 56 of the District Courts Act, Constitution section 42, the Arrest Act, section 5 of the Bail Act, regulation 3, and the first appearance.
Read the answer → No. 29Can a District Court Warrant Be Executed Anywhere in PNG?
The reach of PNG District Court warrants and summonses under sections 10 to 12 of the District Courts Act: execution anywhere in the country, Sundays, warrants that do not lapse, warrants of execution levied more than once, and the police duty to obey under section 274.
Read the answer → No. 30What Happens If I Ignore a District Court Summons?
Consequences of not answering a summons in the PNG District Court: sections 93, 125, 126, 130 and 143 of the District Courts Act, the constitutional limit on trials in absence, warrants for non-appearance, ex parte civil orders, and how to fix it afterwards.
Read the answer → No. 31How Does a Magistrate Issue a Search Warrant?
Search warrants in Papua New Guinea: section 6 of the Search Act, the constitutional limits in sections 44 and 49, what the police affidavit must show, village searches, execution under section 10 of the District Courts Act, and the consequences of an unlawful search.
Read the answer → No. 32How Do I Make a Witness Come to the District Court?
Compelling witnesses in the PNG District Court: summonses to give evidence and to produce documents under sections 66, 67 and 71 of the District Courts Act, service and expenses, warrants under sections 68 and 69, witnesses about to leave the country under section 72, and witnesses' fees.
Read the answer →The criminal hearing
Parts V and VII: representation, the plea, hearings in the defendant's absence, withdrawal of a charge, burden of proof, adjournment and remand, open court, and dealing with difficult witnesses.
Can Someone Who Is Not a Lawyer Represent Me in the District Court?
Representation in the PNG District Court under section 59 of the District Courts Act: lawyers, Legal Training Institute trainees, law students, police prosecutors, lay representatives by leave, the right to appear in person, and the Public Solicitor.
Read the answer → No. 35What Happens If I Plead Guilty in the District Court?
Pleading guilty in the PNG District Court: what the magistrate must check, equivocal pleas, the allocutus and mitigation, the Criminal Law (Compensation) Act, restriction of movement, discharge without conviction under section 132, and appeals after a guilty plea.
Read the answer → No. 38What Happens If the Prosecutor Does Not Turn Up?
Absence of the complainant or police prosecutor in the PNG District Court: section 124 of the District Courts Act, the discretion to adjourn, Getsi v PNG Harbours Board, the certificate of dismissal under section 162, and costs under section 260A.
Read the answer → No. 40Who Has to Prove What in a District Court Criminal Case?
Burden and standard of proof in PNG District Court criminal cases: Constitution section 37(4)(a) and (10), section 64 of the District Courts Act, section 2 of the Summary Offences Act, the no-case submission, and the difference between the criminal and civil standards.
Read the answer → No. 41Can the District Court Adjourn My Case and Keep Me in Custody?
Adjournment and remand in the PNG District Court: sections 75 to 77 and 88 to 92 of the District Courts Act, the 15-day limit for indictable matters, remand in custody, bail on adjournment under the Bail Act, part-heard cases under section 90, and witnesses at adjourned hearings.
Read the answer →Committal proceedings
Part VI: the hand-up brief, service of the statements, committal without considering the evidence, the section 94C inquiry, the sufficiency test, cross-examination, the section 96 statement, committal for sentence, challenging a committal, and the ex officio indictment.
What Is a Hand-Up Brief?
The hand-up brief in PNG committal proceedings: section 94 of the District Courts Act, the certificate of truth in section 94(1A), the affidavit status under section 94(1B), exhibits and inspection, waiver and oral evidence under section 94(6), and the offence of false statement under section 94A.
Read the answer → No. 47What Is Committal Without Consideration of the Evidence?
Committal on the papers under section 94B of the District Courts Act of Papua New Guinea: the conditions, the role of the defendant's lawyer, the request for a sufficiency submission, and the consequences of committal without consideration of the evidence.
Read the answer → No. 48Must the Magistrate Check That a Witness Understood Their Statement?
The section 94C inquiry in PNG committal proceedings: the duty to be satisfied that a witness read and understood their statement, The State v Kai Wabu [1994] PNGLR 498, interpreter certificates, statements from illiterate witnesses, and the consequences of non-compliance.
Read the answer → No. 49What Is the Test for Committing Someone for Trial?
The sufficiency test in PNG committal proceedings: sections 95 and 100 of the District Courts Act, the prima facie case in R v McEachern, Yarume v Euga on assessing the elements, the magistrate's assessment of credibility in Ex parte Dyer, and what is not relevant.
Read the answer → No. 53Can I Challenge a Decision to Commit Me for Trial?
Challenging a committal in Papua New Guinea: judicial review under Order 16 for jurisdictional error and natural justice, State v Rush, Tohian v Geita, Lak v Magaru, Tkatchenko v Magaru, Maladina v Poloh, Akia v Francis, and Wartoto v The State on civil interference with criminal proceedings.
Read the answer → No. 54Can the Public Prosecutor Charge Me After the District Court Discharged Me?
The ex officio indictment in Papua New Guinea: section 526 of the Criminal Code, why a committal discharge is not an acquittal, the Public Prosecutor's independence under Constitution section 176, service of depositions, and the limits on the District Court and National Court in Ex parte Dyer and Yawari v English.
Read the answer → No. 55What Happens to My File After Committal?
After committal in Papua New Guinea: transmission under sections 118 and 119 of the District Courts Act, the Public Prosecutor's decision under section 525 of the Criminal Code, exhibits under section 121, witness recognizances, bail before the National Court sitting, and the four-month report under Constitution section 37(14).
Read the answer →Bail and recognizances
Part VI Division 2 and the Bail Act: what the District Court can and cannot grant, the section 9 grounds, recognizances and sureties, bail after committal, breach of bail, witnesses in custody, and what to do when bail is refused.
Can the District Court Grant Me Bail?
The bail jurisdiction of the PNG District Court: Constitution section 42(6), sections 4, 6, 7 and 8 of the Bail Act, sections 104 to 110 of the District Courts Act, police bail under section 5, and the abolition of common law bail powers.
Read the answer → No. 58What Is a Recognizance?
Recognizances in the PNG District Court: sections 81 to 86 and 107 of the District Courts Act, sureties, oral and written recognizances, continuous bail, recognizances taken out of court under section 84, forfeiture under sections 271 to 273, and recognizances for the peace and on appeal.
Read the answer → No. 59Can I Get Bail After Being Committed for Trial?
Bail after committal in Papua New Guinea: section 8 of the Bail Act, sections 105 to 110 of the District Courts Act, the bail certificate, the warrant of deliverance, when a magistrate's jurisdiction ends, and applying to the National Court.
Read the answer → No. 60What Happens If I Breach District Court Bail?
Breach of bail in the PNG District Court: section 83 and 86 of the District Courts Act, section 10 of the Arrest Act, revocation under section 21 of the Bail Act, forfeiture under section 22 of the Bail Act and sections 271 to 273 of the District Courts Act, guarantors, and the bail offences.
Read the answer →Sentences and orders
Part IX Division 6 and Part X: the sentencing options, discharge without conviction, good behaviour bonds, fines and default imprisonment, community work, restriction of movement, compensation, sureties of the peace, and contempt.
What Sentences Can the District Court Impose?
Sentencing options in the PNG District Court: imprisonment, fines and default terms, conditional discharge under section 132, probation, community work under section 199A, restriction of movement under section 205B, compensation under the Criminal Law (Compensation) Act, restitution and costs.
Read the answer → No. 64Can the District Court Let Me Off Without a Conviction?
Discharge without conviction in the PNG District Court under section 132 of the District Courts Act: the grounds, dismissal versus conditional discharge, the good behaviour recognizance, the effect of section 132(2), breach of the bond, and how it compares with section 19 of the Criminal Code.
Read the answer → No. 65What Is a Good Behaviour Bond?
Good behaviour bonds in the PNG District Court: the section 132 recognizance, the Part X recognizance to keep the peace, sureties, the period, what "good behaviour" requires, breach and forfeiture under sections 217 and 272, and dispensing with a bond under section 200.
Read the answer → No. 67What Is a Community Work Order?
Community work orders in the PNG District Court under section 199A of the District Courts Act: when they can be made, the limits on hours and duration, the anticipatory order, the constitutional limit in section 43 on forced labour, supervision, and comparison with probation and the Juvenile Justice Act.
Read the answer → No. 68Can the District Court Order Me to Stay Away From a Place?
Restriction of movement orders in the PNG District Court under section 205B of the District Courts Act: exclusion and return-home orders, the five-year limit, conditions and reporting, the definition of "home", the offence of breach, Constitution section 52, and family protection orders as an alternative.
Read the answer → No. 69Can the District Court Order Me to Pay Compensation to the Victim?
Compensation orders in PNG District Court sentencing: the Criminal Law (Compensation) Act 1991, the factors in section 3, restitution under section 421 of the Criminal Code, compensation under the Summary Offences Act, the Family Protection Act, enforcement and instalments, and the interaction with customary compensation.
Read the answer → No. 70What Is a Surety to Keep the Peace?
Sureties of the peace and good behaviour under Part X of the PNG District Courts Act: sections 209 to 218, the information, process and warrant, the hearing, the recognizance, refusal and commitment, forfeiture under section 217, costs, and comparison with family protection orders.
Read the answer →Civil jurisdiction
Sections 21 to 22D: what the District Court can hear, the money limit, the excluded cases, land disputes, summary ejectment, equitable relief, suing the State, which court to sue in, and the customary marriage certificate.
What Civil Claims Can the District Court Hear?
The civil jurisdiction of the PNG District Court under sections 21 and 22 of the District Courts Act: personal actions at law or in equity, the money limit, the excluded cases, jurisdiction conferred by other Acts, venue, and the ancillary jurisdiction to grant relief.
Read the answer → No. 73What Is the District Court Money Limit?
The monetary jurisdiction of the PNG District Court: section 21(1) of the District Courts Act, the K10,000 and K8,000 limits, the uncommenced 2009 increase to K50,000 and K15,000, abandoning the excess under section 38, set-off above the limit under section 154, and claims where the limit does not apply.
Read the answer → No. 74Which Civil Claims Can the District Court Not Hear?
Claims excluded from the PNG District Court by section 21(4) of the District Courts Act: wills and settlements, trade names, slander of title, false imprisonment and malicious prosecution, seduction and breach of promise, land title, plus the constitutional and statutory matters reserved to the National Court.
Read the answer → No. 75Can the District Court Decide a Dispute About Land?
Land disputes in the PNG District Court: section 21(4)(f) of the District Courts Act, Yandu v Waiyu and Siwi v Mathew on when title is bona fide in dispute, indefeasibility under the Land Registration Act, customary land and the Land Disputes Settlement Act, and the Summary Ejectment Act.
Read the answer → No. 76Can the District Court Evict Someone Under the Summary Ejectment Act?
Summary ejectment in the PNG District Court: sections 3 to 6 of the Summary Ejectment Act, rent in arrear, recovery from persons without right, Gawi v PNG Ready Mixed Concrete, Yagon v Nowra and Kikia v Solowet on occupiers with an equitable interest, the warrant of possession, and section 143 on service.
Read the answer → No. 77Can the District Court Grant an Injunction or Equitable Relief?
Equitable relief in the PNG District Court: sections 21(1) and 22 of the District Courts Act, restraining orders, accounts and specific relief, the limit in Ngan v Yai, interim orders, enforcement under section 171, the 2009 amendment on ex parte orders, and when the National Court is the better forum.
Read the answer → No. 78Can I Sue the State in the District Court?
Suing the State in the PNG District Court: section 2 of the Claims By and Against the State Act 1996, the section 5 notice, service under section 7, the 90-day defence period under section 9(d), section 12 on judgments, the bar on execution in section 13, satisfaction under section 14, and Tohian v Tau Liu.
Read the answer → No. 79Which District Court Do I Sue In?
Venue for civil complaints in the PNG District Court: section 21(5) to (8) of the District Courts Act, residence, place of business, where the cause of action arose, defendants in Australia, the objection under section 150, compensation under section 151, and transfer under section 24.
Read the answer → No. 80Can I Sue Someone Who Is About to Leave the Country?
Absconding defendants and debtors in the PNG District Court: section 148 of the District Courts Act on strangers about to leave the country, section 72 on evidence from a departing witness, section 192(1)(e)(ii) and section 193 on imprisonment of a debtor leaving the country, and section 237 on an appellant about to leave.
Read the answer → No. 81Can the District Court Certify That My Customary Marriage Has Ended?
The certificate of dissolution of a customary marriage under section 22A of the PNG District Courts Act: who may apply, what must be proved, the role of custom and of Village Court orders, the conclusive effect of the certificate, and why it matters for remarriage, maintenance and property.
Read the answer →Civil procedure
Part VIII: starting a claim, default summonses, setting aside a default judgment, the hearing, set-off and special defences, payment into court, non-appearance, setting aside ex parte orders, discontinuance, mediation and amendment.
How Do I Start a Civil Claim in the District Court?
Starting a civil case in the PNG District Court: the complaint under section 28 and Form 15, particulars of demand under sections 133 and 134, choosing between an ordinary and a default summons, fees, service under section 47, and what to check before filing.
Read the answer → No. 83What Is a Default Summons?
Default summonses in the PNG District Court: sections 155 to 158 of the District Courts Act, what counts as a liquidated demand, service and the six-day rule, the notice of intention to defend, judgment without a hearing, and the magistrate's checks before making an order.
Read the answer → No. 84How Do I Defend a Default Summons?
Defending a default summons in the PNG District Court: the notice of intention to defend under section 157(4), serving the Clerk and the complainant, the 48-hour rule, appearing without a notice under section 158, permission to defend on terms, adjournment, and set-off and special defences.
Read the answer → No. 86What Happens at a Civil Hearing in the District Court?
The contested civil hearing in the PNG District Court: sections 139 to 146 of the District Courts Act, the statement of defence under section 140, the order of evidence, cross-examination, the written record under section 145, the decision under section 146, discontinuance under section 147, and mediation.
Read the answer → No. 87What Is a Set-Off in the District Court?
Set-off in the PNG District Court: the definition in section 1 of the District Courts Act, notice under section 153 and regulation 24, particulars under section 133, recovery of the excess under section 154, set-off above the money limit, and the difference between a set-off and a cross-claim.
Read the answer → No. 90What If the Other Side Does Not Turn Up to a Civil Hearing?
Non-appearance in PNG District Court civil cases: section 143 of the District Courts Act on the absent defendant, section 144 on the absent complainant, proof of service, the discretion to adjourn, Philipae v Igaso, ex parte orders and section 25, and default summonses.
Read the answer → No. 91How Do I Set Aside an Ex Parte Order of the District Court?
Setting aside ex parte orders in the PNG District Court under section 25 of the District Courts Act: the three-part test in Commodity Development v Karai, notice, terms, the powers of the Court on the application, Malipu v Laka, the uncommenced section 24A, and appeal as the alternative.
Read the answer → No. 92Can I Withdraw My Complaint and Sue Again?
Discontinuance and finality in the PNG District Court: section 147 of the District Courts Act on withdrawing a complaint or set-off to avoid dismissal, the costs condition, section 152 on the finality of a determination, the certificate of dismissal under section 162, and abandonment of the excess under section 38.
Read the answer → No. 94Can I Amend My Claim at the District Court Hearing?
Amendment in PNG District Court civil cases: sections 133(4), 137 and 138 of the District Courts Act, further particulars under section 135, terms as to costs and adjournment, the limits set by the money limit and section 21(4), inaccuracies that do not mislead, and the contrast with amending an information.
Read the answer →Enforcing a District Court order
Part IX: the minute of decision, warrants of execution, exempt goods, adverse claims, attachment of debts, oral examination of the debtor, imprisonment of fraudulent debtors, instalments, transfer of enforcement and orders to do an act.
What Is a Warrant of Execution?
Warrants of execution in the PNG District Court: sections 173 to 177 of the District Courts Act, issue without the Court's direction, execution by police, seizure, impounding household goods, public auction, the five-day and 14-day rules, exempt goods, money and cheques under section 175, costs of execution, payment to the Clerk, and offences by the executing officer.
Read the answer → No. 99How Do I Garnishee a Debt in the District Court?
Attachment of debts in the PNG District Court: sections 180 to 191 of the District Courts Act, the ex parte order nisi under section 182, service binding the debt under section 183, undisputed and disputed debts under sections 184 to 186, third-party claims under sections 187 and 188, the garnishee's discharge under section 189, the Debt Attachment Book, costs, and wages and bank accounts.
Read the answer → No. 100Can I Examine a Judgment Debtor About What They Own?
Oral examination of judgment debtors in the PNG District Court: section 181 of the District Courts Act, regulation 43, the summons, examination on oath, questions about debts and property, witnesses, the use of the examination for warrants of execution and garnishee orders, and the link with section 192.
Read the answer → No. 102Can the District Court Order Payment by Instalments?
Instalment orders in the PNG District Court: section 165 of the District Courts Act, time to pay, security, the Instalment Book under regulations 14 and 15, default in an instalment, section 172 postponement of a warrant, the Manual's guidance, Criminal Code section 421 restitution by instalments, and the State.
Read the answer → No. 103How Is a District Court Order Enforced in Another Town?
Enforcing PNG District Court decisions in another place: section 10 of the District Courts Act on execution anywhere in the country, the transfer of fine certificate under section 166, onward transfers, service of the minute on the debtor, accounting for money recovered, and the position for civil orders and fines.
Read the answer →Appeals to the National Court
Part XI: who may appeal, the notice of appeal, the recognizance on appeal, the one-month limit, entering the appeal within 40 days, release pending appeal, the magistrate's report, the powers of the National Court, fresh evidence, costs, judicial review and habeas corpus.
Can I Appeal a District Court Decision?
Appeals from the PNG District Court to the National Court under Part XI of the District Courts Act: who may appeal, what may be appealed, the steps and time limits in sections 220 to 227, the substantial miscarriage test in section 230(2), and the National Court's Appeal Rules.
Read the answer → No. 107How Do I Lodge an Appeal From the District Court?
Instituting an appeal from the PNG District Court under sections 220 and 221 of the District Courts Act: the notice of appeal in Form 71, lodging with the Clerk not the National Court, stating the grounds, service under section 238, the recognizance under section 222, the file reference in the National Court, and Moses v Magiten and Rabaul Shipping v Ruru.
Read the answer → No. 108What Is a Recognizance on Appeal?
The recognizance on appeal under section 222 of the PNG District Courts Act: its conditions, the surety, the alternative deposit, how the magistrate fixes the amount, the exemption for the State and juveniles, Nikints v Rumints on non-waiver, release from custody under section 223, and the application of the deposit to costs under section 235.
Read the answer → No. 109What Is the Time Limit for a District Court Appeal?
Time limits for appeals from the PNG District Court: the one-month limit in sections 220 to 222 of the District Courts Act, the 40-day limit in section 226, computation under the Interpretation Act, extension and dispensation under section 231, the OS (App) procedure under Order 18 rule 12, and the cases on non-compliance.
Read the answer → No. 113What Can the National Court Do on a District Court Appeal?
The National Court's powers on appeal from the PNG District Court under section 230 of the District Courts Act: the powers in section 230(1), the substantial miscarriage of justice test in section 230(2), curative provisions in sections 163, 244 and 245, remittal, Kereku v Dodd, Philipae v Igaso and Malipu v Laka.
Read the answer → No. 114Can I Bring New Evidence on a District Court Appeal?
Fresh evidence on appeal from the PNG District Court: section 229 of the District Courts Act, section 145(4) deeming the record complete, Order 18 rule 10(3) and rule 5(5)(j) of the National Court Rules, the principles for admitting fresh evidence, the alternative of remittal under section 230(1)(d), and section 25 where the party was absent.
Read the answer → No. 115Can I Fix a Defective Notice of Appeal?
Amending a notice of appeal from the PNG District Court: section 232 of the District Courts Act, defects of substance and form, amendment on terms, the difference between a defective notice and a failure to comply with sections 220 to 222, the directions hearing under Order 18, and drafting grounds of appeal.
Read the answer → No. 116Who Pays the Costs of a District Court Appeal?
Costs of an appeal from the PNG District Court: sections 234 and 235 of the District Courts Act, payment to the Registrar, the certificate of non-payment, enforcement by a magistrate, application of the appellant's deposit, repayment where the decision is quashed, and the costs of the hearing below.
Read the answer → No. 117What Is the Difference Between an Appeal and Judicial Review of a District Court Decision?
Appeal versus judicial review of PNG District Court decisions: Part XI of the District Courts Act against Order 16 of the National Court Rules and Constitution section 155(3), the grounds, leave, time, the merits and process distinction, Kekedo v Burns Philp on alternative remedies, committals, and Constitution section 155(4).
Read the answer →Costs and fees
Part XIII and the Regulation schedules: who pays costs, the costs of an acquitted defendant, court fees, lawyers' scale costs and witnesses' expenses.
Who Pays Costs in the District Court?
Costs in the PNG District Court: section 260 of the District Courts Act, the just and reasonable test, fixing the sum in the order, the Schedule 4 lawyer's scale and Schedule 5 witness allowances, adjournment costs, enforcement by execution or under section 168, Getsi v PNG Harbours Board, and the limits in sections 260A, 261 and 265.
Read the answer → No. 121What Court Fees and Lawyer Costs Apply in the District Court?
Fees and lawyer costs in the PNG District Court: section 262 of the District Courts Act and Schedule 3 court and bailiff fees, service fee refunds under regulation 47, section 263 and the Schedule 4 lawyer's scale, section 264 witness expenses, Schedule 6 copies, the police exemption, and the Family Protection Act fee waiver.
Read the answer → No. 122Are Witnesses Paid for Attending the District Court?
Witness expenses in the PNG District Court: section 264 of the District Courts Act and Schedule 5 of the Regulation, section 260(1)(f) allowance to persons attending whether examined or not, who pays and when, conduct money and the section 68 penalty, police and expert witnesses, the parties' own attendance, and witnesses at committals.
Read the answer →Other work of the District Court
Suing a magistrate, family protection orders, the supervision of Village Courts, Village Court appeals, coroners, property in police custody, and the records of the Court.
Can I Sue a Magistrate?
Suing a magistrate in Papua New Guinea: sections 247 to 259 of the District Courts Act, the jurisdiction requirement, quashing first, the six-month limit and one-month notice, malice under section 256, nominal damages under section 258, protection of clerks, the Magisterial Service Act disciplinary route in Jacob v Manuhu, and the alternatives of appeal and review.
Read the answer → No. 124How Do I Get a Family Protection Order?
Family protection orders in the PNG District Court: the Family Protection Act 2013, who can apply under section 7, domestic violence under section 5, interim orders under sections 12 to 14, protection orders under sections 16 to 19, conditions under sections 8 to 11, the section 20 breach offence, compensation, variation, section 25 no fees, and the Village Court's power.
Read the answer → No. 125What Is the District Court's Role Over Village Courts?
The District Court's supervisory role over PNG Village Courts: Constitution section 172, the Village Courts Act 1989, endorsement of fines and execution orders under sections 64 and 65, appeals and reviews under sections 87 to 92, Provincial Supervising Magistrates under section 15, records under section 84, and Raramu and Kabia Maris on unlawful Village Court imprisonment.
Read the answer → No. 126How Do I Appeal a Village Court Decision?
Appealing a Village Court decision in Papua New Guinea: the three-month time limit and twelve-month extension, the District Court magistrate sitting with Village Court magistrates under sections 89 and 90 of the Village Courts Act, the grounds in section 92(2), confirm, quash or remit, the lapse-of-time rule, review by the Provincial Supervising Magistrate, no legal representation, and the habeas corpus route in Kabia Maris.
Read the answer → No. 127When Does a Magistrate Sit as a Coroner?
Coroners in Papua New Guinea: appointment under sections 2 and 3 of the Coroners Act, jurisdiction over deaths under section 7, fires under section 17 and missing persons under section 20, the decision whether to hold an inquest, section 22 applying District Courts Act committal powers, findings under section 10, committal on an inquisition under section 19, the inquisitorial nature in State v Toroken ex parte Perera, and reopening.
Read the answer →Practical questions
Whether you need a lawyer, the time limits at a glance, getting copies of the record, and where to get help.
Acts are amended, and figures and time limits change. Every article names the sections it relies on so you can read them. 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.