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Glossary

Words and phrases defined in Papua New Guinea legislation, listed alphabetically. Each entry gives the definition, names the Act or Rules that define it, and links to the provision.

Words defined in legislation

These are statutory definitions

The entries below are not our paraphrases. Each is a term defined by an Act, Organic Law or rule of court, and each names the provision that defines it with a link to the text. A word can carry a different meaning in a different statute, so always check which Act you are working under.

231 defined terms. Jump to: A · B · C · D · E · F · G · H · I · J · L · M · N · O · P · Q · R · S · T · V · W

A

Accreditation
The process of accrediting mediators and other ADR Practitioners. The related term accreditation criteria means the requirements for the education, accreditation, and renewal of accreditation of mediators and other ADR Practitioners under the Rules.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
Accused
A person charged with a criminal offence and tried in the National Court. Once convicted, that person becomes an offender.

Defined in Criminal Practice Rules 2022 — Order 1 Rule 3.
Act
A Constitutional Law or an Act of the Parliament, as those terms are defined in Schedule 1.2 of the Constitution.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Act of adultery
Committed where a spouse engages in voluntary sexual intercourse with a person other than his spouse. The intercourse must be voluntary, so a person who is raped commits no act of adultery.

Defined in Adultery and Enticement Act 1988 — section 2.
Action in rem
An Admiralty action in rem — an action against the ship or property itself, which must be begun by writ of summons in Form 105 and in which the property may be arrested by warrant.

Defined in National Court Rules 1983 — Order 21 Rules 1 and 3.
Address for service
The address of a place within 15 km of the Registry at which documents in the proceedings may, during ordinary business hours, be left for that person, and to which documents may be posted.

Defined in National Court Rules 1983 — Order 6 Rule 7(1).
Administration
Includes administration with the will annexed, administration de bonis non and limited and special administration. An administrator is a person to whom administration is granted.

Defined in National Court Rules 1983 — Order 19 Rule 1.
Administration bond
A bond in Form 82 which, on an application for administration, shall be filed — and, except where the bond is given by a guarantee company approved by the Court, there shall be two sureties to the bond. The Court may dispense with the bond or a surety, or reduce its penalty.

Defined in National Court Rules 1983 — Order 19 Rule 25(5)–(8).
Administration proceedings
Proceedings for the administration of an estate or the execution of a trust under the direction of the Court. Relief of the same kind may be sought without asking for general administration.

Defined in National Court Rules 1983 — Order 15 Rules 1 and 2.
ADR
Forms of alternative dispute resolution which includes mediation, arbitration, conciliation, expert case appraisal, early neutral evaluation, settlement conferencing, any combination of them and such other forms of dispute resolution that are different from the formal court process — and includes any process undertaken to avoid or otherwise minimise prolonged disputes in the future.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
ADR Practitioner
A person who practises any form of ADR other than mediation under these Rules. In Order 5 (discipline of mediators), the phrase is read as covering mediators and other ADR Practitioners.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2); Order 5 Rule 1(2).
Affiliation
The relationship of a child to his biological father or mother.

Defined in Lukautim Pikinini Act 2015 — section 2.
Allocutus
The procedure by which an offender is given the opportunity to address the Court on why sentence should not be passed on them pursuant to s 593 of the Code and any matters in mitigation of the sentence. It should be administered after presentation of the antecedents report and before counsel make submissions.

Defined in Criminal Practice Rules 2022 — Order 11 Rule 2.
Appeal Book
An appeal book described in Order 7 rule 43 or an application book as referred to in Rule 7, and “Book” has the same meaning. No substantive matter is added to the Callover List until a Book is filed.

Defined in Supreme Court Rules 2012 — Order 13 Rules 1 and 7.
Appellant (Listings Rules)
The party who filed the originating process (whether an appeal, reference or application) in the Court. So the obligations Order 13 places on an appellant fall equally on an applicant for review and on a referrer.

Defined in Supreme Court Rules 2012 — Order 13 Rule 1.
Appellant (Supreme Court Act)
Includes a person who wishes to appeal under this Act. So the protections given to an appellant are not confined to a person who has already filed.

Defined in Supreme Court Act (Chapter 37) — Section 1(1).
Application (Supreme Court Rules)
An application allowed under these rules, and “applicant” has a corresponding meaning.

Defined in Supreme Court Rules 2012 — Order 1 Rule 7(1).
Arbitration
A process which is similar to a court process in which the parties to a dispute appoint a neutral third-party dispute resolution practitioner (the arbitrator) to whom the parties present their evidence and arguments and the arbitrator makes a decision for them which is binding and can be enforced as a court order, subject to meeting certain procedural requirements.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
Arbitrator
Includes referee; and “award” includes report. Where the Court refers a matter, the arbitrator must give not less than seven days’ notice of the hearing and send the award to the Registrar in a sealed envelope.

Defined in National Court Rules 1983 — Order 14 Rules 62, 63 and 68.
Attachment of earnings order
An order directing a defendant’s employer to deduct maintenance from earnings before they are paid, made under Schedule 2.4 or 2.5.

Defined in Matrimonial Causes Act (Chapter 282) — Schedule 2.1.
Authority (special reference)
In relation to any special reference, the authority by whom the reference is made under Constitution, s 19. Section 19(3) lists those authorities exhaustively.

Defined in Supreme Court Rules 2012 — Order 1 Rule 7(1).

B

Basic Rights
The rights and freedoms described in Order 23 Rule 5 — the eighteen rights in Division III.3 of the Constitution, from the right to freedom (s 32) to equality of citizens (s 55). Also known as Human Rights.

Defined in National Court Rules 1983 — Order 23 Rule 1.
Beginning party
At a civil trial, the plaintiff where the burden of proof on any issue lies on him; or the defendant where the burden of proof on all the issues lies on him. The beginning party opens the case and adduces evidence first.

Defined in National Court Rules 1983 — Order 10 Rule 10(1).
Bill (Supreme Court costs)
“Bill” means bill of costs. It shall be in the form prescribed in Part 2 of the Fourth Schedule and contain particulars of work done by the Lawyer, his servants and agents, costs claimed for that work, and disbursements made, endorsed with a certificate signed by a Lawyer verifying the additions.

Defined in Supreme Court Rules 2012 — Order 12 Rules 1 and 33.
Bill of costs
“Bill” means bill of costs. It must contain particulars of the work done by the lawyer, his servants and agents, the disbursements made, and the costs claimed for the work done, with professional charges in a column separate from disbursements and every column cast before it is left for taxation.

Defined in National Court Rules 1983 — Order 22 Rules 1 and 49.
Blended process
A form of ADR that combines two or more forms of ADR employed to help resolve a dispute or conflict.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
Bougainville Constitution
The Constitution of the Autonomous Region of Bougainville. Proceedings under its section 183 for enforcement of Basic Rights are placed on the Human Rights List.

Defined in National Court Rules 1983 — Order 23 Rules 1 and 5(b).
Business name
A name, style, title or designation under which a person carries on a business, not being a name consisting of the name of that person and the name of each other person (if any) in association with whom that person carries on business, without any addition.

Defined in National Court Rules 1983 — Order 5 Rule 33.

C

Callover List
The list established by Order 13 Rule 7(1). A substantive matter is added when the Book is filed, and the Registrar shall call all matters on the call over list once every month on the second Tuesday of the month.

Defined in Supreme Court Rules 2012 — Order 13 Rules 1 and 7.
Care
Includes parental responsibility, custody and supervision.

Defined in Lukautim Pikinini Act 2015 — section 2.
Caregiver
A person providing an out-of-home care service, or employed by that service to care for a child.

Defined in Lukautim Pikinini Act 2015 — section 2.
Cause of action (payment into Court)
In Order 8 Division 6, a cause of action for the recovery of debt or damages. Payment into Court is available only for money claims.

Defined in National Court Rules 1983 — Order 8 Rule 68.
Caveat (probate)
A document lodged in the Registry by a person claiming to have an interest in an estate … in respect of any grant or reseal being made in the estate (Form 95), or by a person having an interest in an estate … requiring proof in solemn form of any will (Form 96). It shall state fully the nature of the interest and an address for service, and remains in force for six months unless the Court orders otherwise.

Defined in National Court Rules 1983 — Order 19 Rules 60–62.
Certificate (costs)
Includes allocatur. The taxing officer shall, after the conclusion of the taxation of any bill, make a final certificate of his disallowance of the costs in the bill or of the amount at which he allows the costs.

Defined in National Court Rules 1983 — Order 22 Rules 1 and 59.
Charge (Supreme Court Act)
Includes an indictment and an information.

Defined in Supreme Court Act (Chapter 37) — Section 1(1).
Charging instrument
The document containing the charge(s) against the accused — an indictment in Form 13 where the prosecution is conducted by the Public Prosecutor, or an information in Form 14 where it is conducted by a private prosecutor under section 616 of the Criminal Code.

Defined in Criminal Practice Rules 2022 — Order 2 Rules 12–14.
Child (Adoption of Children Act)
A person who has not attained the age of 21 years, or a person who has attained that age and in respect of whom an adoption order is sought or has been made.

Defined in Adoption of Children Act (Chapter 275) — section 1.
Child (Lukautim Pikinini Act)
A person including a boy or girl child under the age of 18 years. Note that the Adoption of Children Act uses 21, and other statutes use other ages for other purposes.

Defined in Lukautim Pikinini Act 2015 — section 2.
Child in care
A child who is in the care and custody of the Director or any person authorised by the Director.

Defined in Lukautim Pikinini Act 2015 — section 2.
Child in need of protection
A child within any of eleven categories — including a child whose parents are dead or incapacitated with no adequate provision made; who has been abandoned; who has been or is likely to be physically harmed or sexually or emotionally abused; whose development is likely to be seriously impaired by a treatable condition the parents refuse to treat; who lives in a household where there have been incidents of domestic violence; who is consistently engaged in child labour; or who is involved in child trafficking.

Defined in Lukautim Pikinini Act 2015 — section 2.
Child labour
Work that deprives a child of his childhood, his potential and his dignity, and that is harmful to his physical and psychological development.

Defined in Lukautim Pikinini Act 2015 — section 2.
Child Protection Officer
A person appointed under section 35 of the Act. For the emergency powers in Division 3 of Part V, the officer must also be authorised by the National Child and Family Services Council.

Defined in Lukautim Pikinini Act 2015 — sections 2 and 45.
Child with a disability
A child with physical, psychological or intellectual impairment.

Defined in Lukautim Pikinini Act 2015 — section 2.
Child with special needs
A child who is not likely to achieve or maintain a reasonable standard of health, education or normal development without services; or who is vulnerable or subjected to violence, abuse, neglect or exploitation.

Defined in Lukautim Pikinini Act 2015 — section 2.
Children of the marriage
Defined widely to include a child adopted since the marriage by the parties or by either with the other’s consent; a child of both born before the marriage; and a child of either party, including an illegitimate child, who was ordinarily a member of the household. A child adopted by someone else is deemed not to be a child of the marriage.

Defined in Matrimonial Causes Act (Chapter 282) — section 2.
Circuit Calendar
The annual circuit calendar for the year as determined by the Chief Justice. The Chief Justice assigns Judges to hearings in accordance with it, and at such other times and places as he decides having regard to the volume of appeals and the urgency or importance of an issue to be decided.

Defined in Supreme Court Rules 2012 — Order 13 Rules 1 and 4.
Citation to see proceedings
A citation issued against any person who is not a party to the proceedings but who has an adverse interest to the applicant, notifying them that if they do not answer it by giving notice of intention to defend, the proceedings may be heard and determined in his absence.

Defined in National Court Rules 1983 — Order 19 Rule 52.
Claimant (interpleader)
A person making a claim to property in dispute in interpleader proceedings.

Defined in National Court Rules 1983 — Order 14 Rule 51.
Commencement date (Adoption of Children Act)
23 May 1969 — the date of commencement of the pre-Independence Adoption of Children Act 1968. It fixes the boundary for the property provisions in section 29.

Defined in Adoption of Children Act (Chapter 275) — section 1.
Commencement date (National Court Rules)
4 July 1983 — the date on which the Rules came into force, with the exception of Order 21.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Commercial List
A list established by Order 10A of the National Court Rules to expeditiously resolve commercial matters, conducted by a Judge allocated by the Chief Justice and maintained by a Commercial List Clerk. Files on it shall bear the abbreviation “COMM” beside the file reference.

Defined in National Court Rules 1983 — Order 10A Rules 1–7.
Common fund basis
A basis of taxation which is expressly a more generous basis than the party and party basis: there shall be allowed a reasonable amount in respect of all costs reasonably incurred.

Defined in National Court Rules 1983 — Order 22 Rule 32.
Conciliation
A less formal process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the conciliator), identify the issues in dispute, develop options, consider alternatives and endeavour to reach an agreement. The conciliator may have an advisory role on the content of the dispute or the outcome of its resolution, but not a determinative role.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
Condition of mind
Includes any disorder or disability of mind, any malice and any fraudulent intention, but does not include knowledge. A party pleading a condition of mind must give particulars of the facts relied on.

Defined in National Court Rules 1983 — Order 8 Rule 31(2).
Confinement expenses
The mother’s maintenance for one month before the birth; reasonable medical and nursing expenses for one month before and three months after; and maintenance of mother and child for three months after the birth.

Defined in Lukautim Pikinini Act 2015 — section 2.
Constitutional rights (pleading the underlying law)
In Order 8 Rule 20A, the National Goals and Directive Principles and Basic Social Obligations established in the Constitution and the basic rights guaranteed by Division III.3 (Basic Rights). A party pleading customary law must address whether the rule is consistent with these.

Defined in National Court Rules 1983 — Order 8 Rule 20A(1)(c).
Contemnor
A person guilty or alleged to be guilty of contempt of the Court.

Defined in National Court Rules 1983 — Order 14 Rule 37.
Contentious business
Includes all actions, suits and proceedings.

Defined in National Court Rules 1983 — Order 22 Rule 1.
Contract (Married Women's Property Act)
Includes the acceptance of a trust or of the office of executrix or administratrix.

Defined in Married Women’s Property Act (Chapter 281) — section 1.
Convention country
A foreign country to which a convention in that behalf extends. Whether a country is a convention country determines the channel for service of documents abroad under Order 6 Division 3.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Corporation
Includes any artificial person.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Counsel
A person admitted to practise as a lawyer under the Lawyers Act 1986. The Rules define solicitor and barrister in the same terms.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Counsel (Supreme Court Rules)
A lawyer instructed by another lawyer to advise or appear.

Defined in Supreme Court Rules 2012 — Order 12 Rule 1.
Court (Adultery and Enticement Act)
A District Court. Actions for adultery and enticement are not brought in the National Court.

Defined in Adultery and Enticement Act 1988 — section 1.
Court (National Court Rules)
“Court” means a Judge or acting Judge of the National Court. “The Court” means the National Court of Justice, and includes a Judge or Judges exercising the jurisdiction of the Court under any Act or the Rules. The capital “T” matters.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Court (Supreme Court Rules)
The full court of the Supreme Court of Justice. Distinguish “Judge”, which means a judge of the Supreme Court sitting alone. Where the Rules confer a power on the Court, a single Judge cannot ordinarily exercise it.

Defined in Supreme Court Rules 2012 — Order 1 Rule 7(1).
Court file
The papers filed in the Registry for the use of the Court.

Defined in Criminal Practice Rules 2022 — Order 1 Rule 3.
Court holidays
Any day observed as a public holiday as defined in the Interpretation Act 1975; any day specified by the Rules or by resolution of the Judges; and any part of a day during vacation when the Registry is closed.

Defined in National Court Rules 1983 — Order 2 Rule 14.
Custody (Lukautim Pikinini Act)
Parental responsibility. The Act collapses the older distinction between custody and parental responsibility into one concept.

Defined in Lukautim Pikinini Act 2015 — section 2.
Customary form of mediation
A form of mediation that is based on a customary process which may involve the provision of some wise counsel by the mediator based on experience, knowledge and exposure to the subject matter in dispute between the parties.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).

D

Damages (summary judgment)
In Order 12 Rule 38, includes the value of goods. The Court may direct entry of judgment for damages so defined, to be assessed.

Defined in National Court Rules 1983 — Order 12 Rule 38(3).
Decision (election petition review)
Any decision of the National Court regarding an election petition that is susceptible to review under s 155(2)(b) of the Constitution and, for the avoidance of doubt, includes a decision to refuse an objection to competency of the petition and a decision to refuse a no-case submission made after the close of the petitioner’s case at the trial of the petition.

Defined in Supreme Court Rules 2012 — Order 5 Rule 7.
Deemed conviction (unsoundness of mind)
Where a person is acquitted on the ground of unsoundness of mind which was not set up by him, he shall be deemed to have been convicted, and any order to keep him in custody shall be deemed to be a sentence. That is what gives such a person a right of appeal.

Defined in Supreme Court Act (Chapter 37) — Section 1(2).
Default (default judgment)
A defendant is in default where the originating process bears a note under Order 4 Rule 9 and the time to give notice of intention to defend has expired but he has not given the notice; where the time to file a defence has expired but he has not filed one; or where he is required to verify his defence and has not done so in time.

Defined in National Court Rules 1983 — Order 12 Rule 25.
Defendant (security for costs)
Extends to any person against whom a claim for relief is made in any proceedings — so a cross-defendant or third party may apply for security for costs.

Defined in National Court Rules 1983 — Order 14 Rule 24(b).
Defendant (Supreme Court Act)
A person against whom relief is sought in a matter or who is required to attend the proceeding in a matter as a party to the proceedings, and, in relation to a criminal proceeding, includes the accused person.

Defined in Supreme Court Act (Chapter 37) — Section 1(1).
Description (discovery before suit)
In relation to a person whose identity is sought before proceedings are commenced, includes the place of residence, place of business, occupation and sex of that person.

Defined in National Court Rules 1983 — Order 3 Rule 1(3).
Directions List
The list established by Order 13 Rule 8(1) — prepared after the callover, containing all matters that are ready for hearing as determined by the Registrar. A Directions Hearing is conducted by the Duty Judge on the first Monday of the circuit month.

Defined in Supreme Court Rules 2012 — Order 13 Rules 1 and 8.
Disabled person
A minor or a mentally disordered person. Such a person sues by a next friend and defends by a guardian at law.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Disposition (matrimonial)
Includes a sale and a gift. Used in the power to set aside or restrain transactions intended to defeat a claim.

Defined in Matrimonial Causes Act (Chapter 282) — section 93(1).
Disposition of property
Includes the grant or exercise of a power of appointment in respect of property.

Defined in Adoption of Children Act (Chapter 275) — section 1.
Document
Includes any record of information, whether legible by eye or not — wide enough to cover electronic records.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Duty Judge
The Duty Judge for the month as determined by the Chief Justice. The Chief Justice assigns a Judge to conduct listings and hear applications or motions which he or she has jurisdiction to hear, which will include urgent applications.

Defined in Supreme Court Rules 2012 — Order 13 Rules 1 and 2.

E

Early neutral evaluation
A process in which the parties to a dispute present, at an early stage of their dispute or proceedings, arguments and evidence to a dispute resolution practitioner who makes a determination on the key issues in the dispute and the most effective means of resolving the dispute without determining the facts of the dispute.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
Earnings
Sums payable by way of wages or salary — including fees, bonus, commission and overtime — and by way of pension, but not including pension payable in respect of injury, disablement or disability.

Defined in Matrimonial Causes Act (Chapter 282) — Schedule 2.1.
Election petition review
A review under s 155(2)(b) of the Constitution of a decision of the National Court made pursuant to Part XVIII of the Organic Law on National and Local-Level Government Elections. It lies with leave only, and a decision to grant or a refusal to grant leave is final and shall not be subject to further review.

Defined in Supreme Court Rules 2012 — Order 5 Rules 7, 9 and 17.
Elector
A person whose name appears on a roll and who is entitled to vote at the election in question.

Defined in Organic Law on National and Local-level Government Elections — Interpretation provision for Part XIX.
Electoral matter
Includes all matter intended or calculated to affect the result of the election, and a report of the speech of a candidate if the report is or is to be paid for. A newspaper proprietor must head paid electoral matter with the word “advertisement”.

Defined in Organic Law on National and Local-level Government Elections — Section 179(2).
Enticement
Committed when a person persuades or attempts to persuade the spouse of another person to commit an act of adultery — whether or not the contemplated act of adultery is committed.

Defined in Adultery and Enticement Act 1988 — section 3.
Estate (probate)
Includes real estate and personal estate.

Defined in National Court Rules 1983 — Order 19 Rule 1.
Evidence of an alibi
Evidence tending to show that by reason of the presence of the accused person at a particular place or in a particular area at a particular time he or she was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission. Notice must be given before the prescribed period — the period of 14 days prior to the date of trial.

Defined in Criminal Practice Rules 2022 — Order 8 Rules 2 and 3.
Execution creditor
A person on whose behalf process is issued — "process" meaning process for execution issued by or under the authority of the Court.

Defined in National Court Rules 1983 — Order 14 Rule 51.
Expert case appraisal
A process in which a dispute resolution practitioner (the case appraiser) usually chosen on the basis of their expert knowledge of the subject matter and the process involved, investigates the dispute and provides advice on possible and desirable outcomes and the means whereby these may be achieved.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
Exposure or exhibition
To cause, organise or arrange for children to parade, model, participate in fashion or other shows, exhibitions or beauty contests, or otherwise be presented to the public or in private settings — for monetary gain or not.

Defined in Lukautim Pikinini Act 2015 — section 53(1).
External mediator
A mediator or an ADR Practitioner who is not employed by the Court, the National Judicial Staff Service or the State and who may charge a fee for their ADR services.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).

F

Family Court
The court established under section 87 of the Act. Its jurisdiction is exercised by a Family Court Magistrate, and all District Court Magistrates are deemed to be Family Court magistrates.

Defined in Lukautim Pikinini Act 2015 — sections 2 and 87.
Father (illegitimate child)
In relation to a child who is illegitimate, the putative father.

Defined in Adoption of Children Act (Chapter 275) — section 1.
FC
Fraud and Corruption related cases. The Judge Administrator (FC) is the Judge appointed by the Chief Justice to manage the Criminal (FC) track in Waigani, and the listing process means mentions, directions hearing, status conferences and trials.

Defined in Criminal Practice Rules 2022 — Order 4 Rule 1.
Fees (of the Sheriff)
Includes charges and poundage. Poundage is chargeable on the money obtained by a seizure at 5% up to K200.00 and 2.5% on the excess.

Defined in National Court Rules 1983 — Order 13 Rules 41 and 45.
Filed (election petitions)
Lodged in a registry of the National Court at Waigani or at a registry or sub-registry of the National Court in a province, as set out in Schedule 1, and sealed with the seal of the Court and endorsed with an election petition number. Lodging alone is not enough — the sealing and endorsement fix the date from which the service and directions periods run.

Defined in Election Petition Rules 2017 — Rule 1.
Firearm (bail)
Includes imitation firearm whether or not it is capable of projecting any kind of shot, bullet or missile. Where a firearm is involved in one of the listed offences, only the National Court or the Supreme Court may grant bail.

Defined in Bail Act (Chapter 340) — Section 4(2).
Folio
100 words, five figures being counted as one word. Used in taxing costs.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Foreign country (adoption)
A country, or part of a country, that does not include Australia or the Territories of Australia — Australian adoptions being dealt with separately by section 37.

Defined in Adoption of Children Act (Chapter 275) — section 36.
Foreign country (matrimonial)
A country, or part of a country, other than Papua New Guinea and Australia and the Territories of Australia.

Defined in Matrimonial Causes Act (Chapter 282) — section 79(1).
Funds
Includes money, debentures, stock, shares and other securities. Relevant to payment into Court on behalf of a disabled person under Order 5 Rule 32.

Defined in National Court Rules 1983 — Order 1 Rule 6.

G

Garnishee
A person from whom a judgement creditor claims that a debt is due or accruing to the judgement debtor — typically a bank, an employer or a customer of the debtor.

Defined in National Court Rules 1983 — Order 13 Rule 53.
General consent
A consent to the adoption of a child other than a consent expressed to be a consent to adoption by a relative, or by two persons one of whom is a parent or relative of the child.

Defined in Adoption of Children Act (Chapter 275) — sections 1 and 16.
General List
The list of all matters filed in the Supreme Court Registry. When a matter is filed it shall be immediately listed in the General List, which contains the current status report of those matters.

Defined in Supreme Court Rules 2012 — Order 13 Rules 1 and 6.
Grant
A grant of probate or administration. Where there is no defendant and no person is cited to see the proceedings, an application for a grant is commenced by summons in Form 70 and may be dealt with by the Registrar.

Defined in National Court Rules 1983 — Order 19 Rules 1, 5, 7 and 8.
Guardian (adoption)
Includes a person having custody of the child under a court order; a person who is or is deemed to be the guardian under a law of Australia or of a State or Territory of Australia; and a guardian by custom.

Defined in Adoption of Children Act (Chapter 275) — section 1.
Guardian at law
The guardian of a defendant who is a disabled person. Compare next friend, who acts for a disabled plaintiff.

Defined in National Court Rules 1983 — Order 1 Rule 6.

H

Hearing List
The list of matters fixed for hearing in accordance with Order 13 Rule 12(1). Prepared within 2 days of the Status Conference, it is not subject to alteration except by the Chief Justice or the Court before which the matter is listed, and the hearing of a matter shall proceed on the date and time fixed in it.

Defined in Supreme Court Rules 2012 — Order 13 Rules 1 and 12.
Human Rights (Order 23)
The rights and freedoms described in Order 23 Rule 5 — the same rights as the Basic Rights. Proceedings for their enforcement under Constitution sections 57 and 58 are placed on the Human Rights List.

Defined in National Court Rules 1983 — Order 23 Rule 1.

I

Illegal practice
An illegal practice specified in Division 13, and includes an offence under the Criminal Code. The illegal practices at national elections are listed in section 178(1), and a person guilty of one is liable to a penalty of a fine not exceeding K1,000.00 or imprisonment for a term not exceeding six months.

Defined in Organic Law on National and Local-level Government Elections — Section 178; interpretation provision for Part XIX.
Improper conduct
Conduct that is in breach of any of these Rules and the duties and responsibilities imposed on mediators under the Code in Order 4 of the ADR Rules 2022.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
Independent assessor
A person who is qualified and experienced as a mediator who is experienced and competent to properly assess and determine the competence of other mediators. Assessment by an independent assessor is one of the accreditation requirements in Schedule 1.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2); Schedule 1.
Index (Review Book)
The Index to the Review Book under these Rules. A draft Index must be filed with the application for review, and the Index is settled at the Directions Hearing.

Defined in Supreme Court Rules 2012 — Order 5 Rules 7, 20 and 28.
Interlocutory judgment (appeals)
Not defined, but section 14(4) provides that an order refusing unconditional leave to defend an action shall not be deemed to be an interlocutory judgment. No appeal lies from an interlocutory judgment without leave, except where the liberty of the subject or the custody of infants is concerned, in cases of granting or refusing an injunction or appointing a receiver, or in cases prescribed by the Rules as are in the nature of final decisions.

Defined in Supreme Court Act (Chapter 37) — Section 14(3) and (4).
Internal mediation
A mediation process conducted by an internal mediator for a party or parties who do not have the ability to pay the fees of an external mediator.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
Internal mediator
A mediator who is within the employ of the Court, the National Judicial Staff Service, the State or an external mediator who is engaged by the Court or the National Judicial Staff Service to conduct internal mediations.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
Investment
Widely defined to include deposits in a savings bank, building society or banking company; annuities; public stock and other transferable funds; shares, stocks and debentures; land registered under the Land Registration Act and interests in or securities over it; and lands held under any other law relating to land.

Defined in Married Women’s Property Act (Chapter 281) — section 1.

J

Judge (Supreme Court Rules)
A judge of the Supreme Court of Justice.

Defined in Supreme Court Rules 2012 — Order 1 Rule 7(1).
Judge Administrator ADR
The Judge appointed by the Chief Justice to be in charge of the ADR track in the National Court. That Judge chairs the ADR Committee.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2); Order 3 Rule 15(1)(a).
Judgement creditor
A person entitled to enforce a judgement or order for the payment of money (not into Court).

Defined in National Court Rules 1983 — Order 13 Rule 53.
Judgement debtor
A person required by a judgement or order to pay money (not into Court).

Defined in National Court Rules 1983 — Order 13 Rule 53.
Judgment (enforcement)
In Order 13 Division 1, includes an order; and a reference to a writ or other means of enforcement extends to any further writ or other means in aid of it.

Defined in National Court Rules 1983 — Order 13 Rule 1.
Judgment (Supreme Court Act)
Includes a finding, decree, order, rule, conviction, verdict and sentence, a decree, order or rule nisi, and a refusal to make a finding, decree, order or rule. A refusal to make an order is therefore itself a judgment capable of appeal.

Defined in Supreme Court Act (Chapter 37) — Section 1(1).
Judgment (Supreme Court Rules)
The judgment, decree, order or sentence of a court or a judge under appeal or in respect of which leave to appeal is sought.

Defined in Supreme Court Rules 2012 — Order 1 Rule 7(1).
Judicial dispute resolution
A process a judicial officer uses to assist in a prompt resolution of a dispute by first endeavouring to get the parties to settle their dispute and failing that receive submissions on the matters in dispute on such of the facts as the parties may agree or as may be presented and issue a binding opinion without a full trial or hearing.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).

L

Land (disposal of land)
In Order 14 Division 5, includes any interest in or right over land. In proceedings relating to land, other than proceedings for possession, the Court may at any stage order that the whole or any part be sold.

Defined in National Court Rules 1983 — Order 14 Rule 32.
Law Officers
The Law Officers of Papua New Guinea are the principal legal adviser to the National Executive, the Public Prosecutor and the Public Solicitor. An Act of the Parliament is required to make provision for the office of principal legal adviser.

Defined in Constitution — Section 156(1).
Limitation action
An action by shipowners or other persons under the Merchant Shipping Act 1975 for the limitation of the amount of their liability in connection with a ship or other property. Every limitation action shall be heard by the Court sitting in its Admiralty Jurisdiction.

Defined in National Court Rules 1983 — Order 21 Rules 1 and 2.
Listing Judge
The Judge conducting listing of cases pursuant to the Listings Rules — that is, Order 10 Rule 9A of the National Court Rules.

Defined in National Court Rules 1983 — Order 23 Rule 1.
Listing process
Mentions, Directions Hearing, Pre-trial Conferences and Status Conferences — the case-management stages through which a civil matter passes before trial in the National Court.

Defined in National Court Rules 1983 — Order 10 Rule 9A (Listings Rules 2005, rule 1).

M

Marriage (Part VII)
For the purposes of the maintenance, custody and settlement powers in Part VII, “marriage” includes a purported marriage that is void.

Defined in Matrimonial Causes Act (Chapter 282) — section 72.
Marshal
The Registrar of the National Court acting as Admiralty marshal. A ship for this purpose includes any description of vessel used in navigation.

Defined in National Court Rules 1983 — Order 21 Rule 1.
Matrimonial cause
Proceedings for a decree of dissolution or nullity of marriage, judicial separation, restitution of conjugal rights or jactitation of marriage, together with the ancillary proceedings the definition identifies. Note that section 4 provides the Act does not apply to or in relation to a customary marriage.

Defined in Matrimonial Causes Act (Chapter 282) — section 1(1).
Matter (Listings Rules)
Any appeal, application, review or other proceeding on the General List, and includes any interlocutory application in respect of such matter.

Defined in Supreme Court Rules 2012 — Order 13 Rule 1.
Matter or proceeding (Supreme Court Act)
Includes any proceedings in the Supreme Court or the National Court whether or not between parties, and also any incidental proceedings in any proceedings.

Defined in Supreme Court Act (Chapter 37) — Section 1(1).
Mediation
Includes all forms of dispute resolution other than the formal court process. Deliberately wide, so that the Court’s power to refer a matter out is not confined to mediation in the narrow sense.

Defined in National Court Act (Chapter 38) — section 7A.
Mediation (ADR Rules 2022)
The process a mediator uses to help the parties in a dispute to jointly identify their disputed issues, develop and evaluate options, and enable them to make their own decisions about how to move forward and reach their own agreement based on the principle of self-determination — which may include a blended or a customary form of mediation. Under the National Court Act, mediation includes all forms of dispute resolution other than the formal court process.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2); National Court Act (Chapter 38) s 7A.
Mediator
A person appointed to facilitate a mediation ordered under section 7B and who conducts a mediation under section 7C.

Defined in National Court Act (Chapter 38) — section 7A.
Mediator (ADR Rules 2022)
A neutral third party who is accredited as such and holds a current practising certificate under these Rules and has the necessary expertise, who facilitates and helps parties in a dispute to respectfully communicate with each other and to reach their own agreement based on the principle of self-determination.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
Meritorious issue
An issue that has merit and not previously the subject of any judicial determination in Papua New Guinea and which raises the kinds of issues listed in Order 2 Rule 2(3)(b)(i) to (x) — the grounds on which mediation may be dispensed with.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
Misconduct (ADR Rules)
Conduct that is in breach of any of the duties and obligations imposed upon mediators and other ADR Practitioners by these Rules and their Codes.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).

N

Next friend
A person who is a plaintiff on behalf of a disabled person.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Nominal defendant
The Attorney-General, who is made the defendant in name on behalf of the Head of State and the Governor-General. A person making a claim against the Head of State, or Governor-General acting on advice, must make the claim against the Attorney-General in that capacity.

Defined in Claims By and Against the State Act 1996 — Section 3.
Notice (National Court Rules)
Notice in writing. Wherever the Rules require notice, an oral communication will not do.

Defined in National Court Rules 1983 — Order 1 Rule 6.

O

Objection (Listings Rules)
“Objection/s” means an Objection to Competency. Under Order 13 Rule 8A objections are heard at a separate and distinct hearing and determined before the substantive matter to which they relate is set down for hearing.

Defined in Supreme Court Rules 2012 — Order 13 Rules 1 and 8A.
Offender
A person who has been convicted of a criminal offence. Order 11 of the Rules governs the sentencing of an offender.

Defined in Criminal Practice Rules 2022 — Order 1 Rule 3.
Officer (of a corporation)
In relation to a corporation, includes a director and any person concerned in the management of the corporation.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Official number
A number purporting to have been placed on the ballot-paper or postal vote certificate, as the case may be, under this Law. Production of a ballot-paper and a postal vote certificate bearing corresponding official numbers is prima facie evidence of who marked the ballot-paper.

Defined in Organic Law on National and Local-level Government Elections — Section 213(2), (3).
Opposite party
At a civil trial, the party who is not the beginning party. Where no document or thing has been admitted in evidence on their tender, they may elect whether or not to adduce evidence — which determines who makes the final address.

Defined in National Court Rules 1983 — Order 10 Rule 10(1).
Order (Supreme Court Rules)
Where specifically referred to in these rules, an order of a judge of the court.

Defined in Supreme Court Rules 2012 — Order 1 Rule 7(1).
Originating process
A writ of summons, an originating summons, or — where a cross-claim is made against a person not previously a party — the cross-claim.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Overseas counsel
A barrister or solicitor who is not resident in the country and normally carries on practice as a lawyer outside the country. Their fees may be allowed on taxation only if, and to the extent that, they are certified for by the trial Judge.

Defined in National Court Rules 1983 — Order 22 Rule 26.
Overseas Counsel (Supreme Court)
Where the fees, costs and expenses of an Overseas Counsel are certified by the Court or a Judge, they shall be allowed in accordance with the Fourth Schedule of the Rules.

Defined in Supreme Court Rules 2012 — Order 12 Rule 29(2).

P

Parent (infants)
In relation to an infant, includes a person at law liable to maintain the infant or entitled to his custody. For the same Divisions, “person” includes a scholastic or charitable institution.

Defined in National Court Rules 1983 — Order 20 Rule 2.
Participants
Includes mediators, parties and all other persons present and participating in a mediation process. All participants are subject to the duty of confidentiality in Order 2 Rule 12.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
Party (Supreme Court Act)
Includes, in relation to criminal proceedings, a prosecutor and a defendant.

Defined in Supreme Court Act (Chapter 37) — Section 1(1).
Party and party basis
The default basis of taxation. On a taxation on a party and party basis, there shall be allowed all such costs as were necessary or proper for the attainment of justice or for enforcing or defending the rights of the party whose costs are being taxed.

Defined in National Court Rules 1983 — Order 22 Rule 24.
Person bound
In relation to a judgment or order, a person required by it to pay money, to give possession of land, to deliver goods, to do any other act, or to abstain from doing any act.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Person concerned (medical examination)
The person whose physical or mental condition is relevant to a matter in question in the proceedings, and who is either a party or a person for whose benefit relief is claimed under Part IV of the Wrongs (Miscellaneous Provisions) Act.

Defined in National Court Rules 1983 — Order 9 Rule 36.
Person interested (Sheriff's fees)
A party who lodges process with the Sheriff for service or execution; a solicitor who gives an undertaking to pay the fees or is otherwise liable to pay them; or, under a writ authorising the Sheriff to levy fees on property, the person on whose property the levy is authorised.

Defined in National Court Rules 1983 — Order 13 Rule 41.
Person named
In relation to a summons, the person to whom the summons is addressed. Only that person may move to set the summons aside.

Defined in National Court Rules 1983 — Order 11 Rule 1.
Personal injuries
Includes any disease and any impairment of a person's physical, nervous or mental condition. A claim including damages for personal injuries must be commenced by writ and must carry the full particulars set out in Order 8 Rule 33.

Defined in National Court Rules 1983 — Order 8 Rule 33(3); Order 4 Rule 2(2).
Petition (disputed return)
A petition disputing an election or return. Under section 206, the validity of an election or return may be disputed by petition addressed to the National Court and not otherwise.

Defined in Organic Law on National and Local-level Government Elections — Section 227; Section 206.
Plaintiff (security for costs)
Extends to any person who makes a claim for relief in any proceedings — so a cross-claimant or third party seeking relief may be ordered to give security for costs.

Defined in National Court Rules 1983 — Order 14 Rule 24(a).
Plaintiff (Supreme Court Act)
A person seeking relief against another person by any form of proceedings in the Supreme Court or the National Court, and, in relation to criminal proceedings, includes the prosecutor.

Defined in Supreme Court Act (Chapter 37) — Section 1(1).
Pleading
Defined negatively: it does not include a writ of summons, an originating summons or a notice of motion.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Policy of assurance
An instrument by which the payment of moneys out of an insurance company’s funds, on a contingency depending on the duration of human life, by way of life assurance, endowment or annuity, is assured or secured.

Defined in Married Women’s Property Act (Chapter 281) — section 1.
Practising certificate
A mediator practising certificate or a form of ADR Practitioner practising certificate — restricted or unrestricted. No person may practise as an accredited mediator or ADR Practitioner without a current one.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2); Order 3 Rules 10 and 11.
Principal relief
Relief of a kind specified in paragraph (a) or (b) of the definition of “matrimonial cause” — that is, the decree itself, as distinct from ancillary orders.

Defined in Matrimonial Causes Act (Chapter 282) — section 78(1).
Principles of natural justice
The rules of the underlying law known by that name developed for the purposes of the common law. Their minimum requirement is the duty to act fairly and, in principle, to be seen to act fairly.

Defined in Constitution — Section 59.
Probate action
An action for the grant of probate of a will or letters of administration of an estate, for the revocation of such a grant, or for a decree pronouncing for or against the validity of an alleged will — not being non-contentious or common form probate business.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Probation report
A report made under the provisions of the Probation Act 1979. The Judge may request the Chief Probation Officer to prepare a pre-sentence report for the purposes of sentencing.

Defined in Criminal Practice Rules 2022 — Order 1 Rule 3; Order 11 Rule 3.
Proceeding (Supreme Court costs)
Any reference, application, appeal, motion, objection to competency or other matter brought before the court pursuant to the Constitution, the Act, these Rules or any other jurisdiction of the court, other than criminal matters. The exclusion of criminal matters reflects section 31(1) of the Act, under which no costs shall be allowed to either side on a criminal appeal.

Defined in Supreme Court Rules 2012 — Order 12 Rule 1.
Property (inspection orders)
Includes any land and any document or other chattel, whether in the ownership, possession, custody or power of a party or not. The Court may order inspection, sampling, observation or experiment in relation to such property.

Defined in National Court Rules 1983 — Order 9 Rule 44(4).
Property in dispute
Any debt or property which is the subject of proceedings under Order 14 Division 7 (interpleader).

Defined in National Court Rules 1983 — Order 14 Rule 51.
Proposed law (special references)
A law that has been formally placed before the relevant law-making body. A special reference under section 19 may question the validity of a law or a proposed law, so a constitutional problem can be tested before enactment.

Defined in Constitution of the Independent State of Papua New Guinea — Section 19(5).
Proscribed act
An act done under a valid law which, in the particular case, is harsh or oppressive, or not warranted by, or disproportionate to, the requirements of the particular circumstances or of the particular case, or is otherwise not, in the particular circumstances, reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind. Such an act is an unlawful act.

Defined in Constitution — Section 41.
Protected earnings rate
The rate below which, having regard to the resources and needs of the defendant and of any person for whom he must or reasonably may provide, the court considers it reasonable that the defendant’s net earnings should not be reduced by a payment under an attachment of earnings order.

Defined in Matrimonial Causes Act (Chapter 282) — Schedule 2.1.

Q

Question (separate decision)
Any question or issue in any proceedings, whether of fact or law or partly of fact and partly of law, and whether raised by pleadings, agreement of parties or otherwise. The Court may order such a question to be decided separately, before, at or after any trial.

Defined in National Court Rules 1983 — Order 10 Rule 20.

R

Reference (Supreme Court Rules)
A Reference to the Court under Constitution, s 18. Distinguish a Special Reference, which is made under section 19.

Defined in Supreme Court Rules 2012 — Order 1 Rule 7(1).
Registered office
The place described as the company's registered office in the register. A company shall always have a registered office in the country, and it must be identifiable and easily accessible. A writ may be served by leaving it at, or posting it to, the registered office.

Defined in Companies Act 1997 — Sections 161 and 431(1).
Registrar
The Registrar of the Court, including an acting, deputy or assistant Registrar.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Registrar (Supreme Court Rules)
The Registrar of the Court, and includes an acting, deputy or assistant Registrar.

Defined in Supreme Court Rules 2012 — Order 1 Rule 7(1).
Registry
The offices of the Court, including a sub-registry. “To file” means to file in the Registrar’s office.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Registry (criminal)
The Office of the National Court, and includes a sub-registry.

Defined in Criminal Practice Rules 2022 — Order 1 Rule 3.
Registry (Supreme Court Rules)
The offices of the Court. An address for service must be a place within 15 kilometres of the Registry at which documents may be left during ordinary business hours.

Defined in Supreme Court Rules 2012 — Order 1 Rule 7(1) and Order 11 Rule 4.
Relative (adoption)
A grandparent, brother, sister, uncle or aunt of the child — whether the relationship is of the whole blood or half-blood or by affinity, and notwithstanding that it is traced through or to an illegitimate person or depends on the adoption of any person.

Defined in Adoption of Children Act (Chapter 275) — section 1.
Resealing
Sealing, under Section 118 of the Wills, Probate and Administration Act 1966, probate or letters of administration. Resealing gives a grant made in another jurisdiction effect in Papua New Guinea.

Defined in National Court Rules 1983 — Order 19 Rules 1 and 27.
Respondent (election petition review)
The Electoral Commission and the party in whose favour a decision is made. Respondents must file a Notice of Appearance in Form 5C within 7 days of the service of the application.

Defined in Supreme Court Rules 2012 — Order 5 Rules 7 and 26.
Respondent (election petition)
A person named as such in the petition. Rule 3 requires the successful candidate to be named as first respondent and the Electoral Commission as second respondent, and no other respondent except with leave of the Court.

Defined in Election Petition Rules 2017 — Rule 1; Rule 3.

S

Security deposit
The sum referred to in Rule 8 of the Election Petition Rules 2017 — the K5,000 required by section 209 of the Organic Law, which Rule 7 requires to be paid in cash or by bank cheque into the National Court Registrar’s Trust Account with evidence filed with the petition. (The definition cross-refers to Rule 8; the security provision as published is Rule 7.)

Defined in Election Petition Rules 2017 — Rule 1; Rule 7.
Sentence (Public Prosecutor appeals)
Includes any order made on conviction with reference to the person convicted or his property. The Public Prosecutor may appeal against any decision of the National Court as to sentence, and the Supreme Court may in its discretion vary the sentence and impose such sentence as it thinks proper.

Defined in Supreme Court Act (Chapter 37) — Section 24.
Settlement conferencing
A process after commencement of suit in which the parties voluntarily or at the direction of a judge consult with a judge or referee who assists the parties to evaluate the strengths and weaknesses of their respective positions and provides advice on possible and desirable outcomes and the means of achieving them, with a view to the parties concluding a settlement.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2).
Sheriff
The Sheriff of Papua New Guinea — the officer responsible for executing writs of the National Court.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Sheriff (interpleader)
In Order 14 Division 7, includes any officer charged with the execution of process.

Defined in National Court Rules 1983 — Order 14 Rule 51.
Solicitor
A person admitted to practice as a lawyer under the Lawyers Act. Under Order 4 Rule 5(2) a corporation may not commence or carry on proceedings otherwise than by a solicitor.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Solicitor and client basis
A basis of taxation on which all costs shall be allowed except as specified in this Rule — excluding costs of an unreasonable amount or unreasonably incurred, unless approved by the client, and unusual costs unless reasonably incurred or the client was expressly warned.

Defined in National Court Rules 1983 — Order 22 Rule 35.
Special Reference
A Reference to the Court under Constitution, s 19. Only the authorities listed in section 19(3) may make one, and the opinion given has the same binding effect as any other decision of the Supreme Court.

Defined in Supreme Court Rules 2012 — Order 1 Rule 7(1).
Spouse
Includes a party to a relationship between a man and a woman which can reasonably be considered as a subsisting relationship having the status of a marriage. Wider than either statutory or customary marriage.

Defined in Adultery and Enticement Act 1988 — section 1.
Stakeholder
An applicant under Order 14 Rule 52 — a person under a liability in respect of a debt or other personal property who is sued, or expects to be sued, by two or more persons making adverse claims to it, and who seeks relief by way of interpleader.

Defined in National Court Rules 1983 — Order 14 Rule 51.
State (ADR Rules)
The Independent State of Papua New Guinea and entities and bodies that are funded and or controlled by the State. For the purposes of mediator fees it does not include any State-owned enterprise in which the State owns an asset or share capital or which otherwise engages in commercial activity, or its subsidiaries.

Defined in Alternative Dispute Resolution Rules 2022 — Order 1 Rule 3(2); Order 2 Rule 7(16).
State Solicitor
The State Solicitor for Papua New Guinea, and includes a person for the time being performing the duties of that office.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Status Conference
The Status Conference to be held in accordance with Order 13 Rule 10 — on the Monday of the week prior to the Court sittings. The Duty Judge reviews each matter on the draft Hearing List and may confirm compliance with directions, the correctness of the Book, the length of hearing time, that written submissions and extracts have been prepared, and the hearing date.

Defined in Supreme Court Rules 2012 — Order 13 Rules 1 and 10.
Substantial compliance (Supreme Court forms)
It shall be sufficient compliance with any requirement of an Act or these Rules as to the form of any document if the document is substantially in accordance with the requirement or has only such variations as the nature of the case requires. The forms in the First Schedule shall be used where applicable.

Defined in Supreme Court Rules 2012 — Order 1 Rule 8.
Substantive proceedings
Proceedings instituted under these Rules, not being in the nature of interlocutory matters or an appeal pursuant to Order 11 rule 27. The distinction matters because a written extract of argument is required in all substantive matters, and a list of authorities must be filed before the Status Conference.

Defined in Supreme Court Rules 2012 — Order 1 Rule 7(1) and Order 11 Rules 18 and 22.
Sufficient interest
The standing requirement for judicial review: the Court shall not grant leave unless it considers that the applicant has a sufficient interest in the matter to which the application relates.

Defined in National Court Rules 1983 — Order 16 Rule 3(5).
Suit
Includes any action or original proceeding between parties in any court of competent jurisdiction. Where the State is a party to a suit, all process required to be served on it must be served under section 7.

Defined in Claims By and Against the State Act 1996 — Section 1.
Summary Determination
An application to dismiss a matter. The Court or a Judge may determine a matter summarily on application by a party, on referral by a Judge, on its own initiative, or on referral by the Registrar, including under section 11 of the Act.

Defined in Supreme Court Rules 2012 — Order 13 Rules 1 and 16.
Summons for production
An order in writing requiring the person named to attend as directed by the order and produce a document or thing for the purpose of evidence. Where the person named is not a party, the summons must ordinarily permit production to the Registrar the day before instead of attendance.

Defined in National Court Rules 1983 — Order 11 Rules 1 and 4.
Summons to give evidence
An order in writing requiring the person to attend as directed by the order for the purpose of giving evidence. It must be issued under seal and served with sufficient conduct money, or it does not require attendance.

Defined in National Court Rules 1983 — Order 11 Rule 1.

T

Taxed costs
Costs taxed in accordance with this Order — that is, Order 22. The Registrar shall be the taxing officer of the Court.

Defined in National Court Rules 1983 — Order 22 Rules 1 and 38.
Taxed costs (Supreme Court)
Costs taxed in accordance with this Order — that is, Order 12.

Defined in Supreme Court Rules 2012 — Order 12 Rule 1.
Taxing officer
The person whose duty it is to tax costs in the Court.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Taxing Officer
The Registrar or a person whose duty it is to tax costs in the Court. Bills directed by a judgment or order to be taxed, or liable to be taxed without express direction, shall be taxed, allowed and certified by a taxing officer.

Defined in Supreme Court Rules 2012 — Order 12 Rules 1 and 10.
The Act (Supreme Court Rules)
The Supreme Court Act 1975. Wherever the Rules refer to “the Act”, that is the statute meant.

Defined in Supreme Court Rules 2012 — Order 1 Rule 7(1).
The principal legal adviser
The Principal Legal Adviser within the meaning of the Attorney-General Act 1989 — the Attorney-General. Every application, reference or special reference under Order 4 must be served on this office unless made by it.

Defined in Supreme Court Rules 2012 — Order 1 Rule 7(1).
The Registrar (Supreme Court Act)
The Registrar of the Supreme Court. The Registrar must furnish forms and instructions for criminal appeals to any person who asks, to officers of courts, and to officers in charge of correctional institutions and lock-ups.

Defined in Supreme Court Act (Chapter 37) — Sections 1(1) and 32.
The Rules of Court (Supreme Court Act)
The Rules of Court of the Supreme Court. Subject to Constitution section 184, the Judges of the Supreme Court may make Rules of Court.

Defined in Supreme Court Act (Chapter 37) — Sections 1(1) and 41.
To file
To file in the Registrar's office. Under Order 4 Rule 12(1) proceedings are commenced by the filing of the originating process.

Defined in National Court Rules 1983 — Order 1 Rule 6.
Transcript (election petition review)
The transcript of proceedings of the National Court on an election petition under review. Where a request is made for one, the applicant shall meet the cost for the production of the transcript as determined by the Registrar.

Defined in Supreme Court Rules 2012 — Order 5 Rules 7 and 24.
Trial (payment into Court)
In Order 8 Division 6, includes the hearing of a motion for judgement. The time to accept money paid into Court is measured against the beginning of the trial so defined.

Defined in National Court Rules 1983 — Order 8 Rule 68.
Trustee (costs)
Includes an executor of a will and an administrator of the estate of a deceased person. Costs of a person who is or has been a party in that capacity are taxed on the trustee basis, on which no costs shall be disallowed except so far as they should not, in accordance with the duty of the trustee as trustee, have been incurred.

Defined in National Court Rules 1983 — Order 22 Rules 1 and 33.

V

Voir dire
A separate hearing within the trial conducted where objection is taken to contentious evidence, to determine whether any such contentious evidence shall be admitted into evidence. The Judge decides whether it is in the interests of justice to hold one.

Defined in Criminal Practice Rules 2022 — Order 8 Rule 6.

W

Will (probate)
Includes codicil. Words in Order 19 otherwise have the same meaning as they have in the Wills, Probate and Administration Act 1966.

Defined in National Court Rules 1983 — Order 19 Rule 1.
Writ for levy of property
The writ formerly called a writ of fieri facias, by which the Sheriff seizes and sells property to satisfy a money judgment. It is in Form 58.

Defined in National Court Rules 1983 — Order 13 Rule 28.
Writ of specific delivery
A writ of delivery without alternative provision for recovery of the assessed value of the goods — that is, one requiring the goods themselves to be delivered up.

Defined in National Court Rules 1983 — Order 13 Rule 4(1).
Writing (National Court Rules)
Includes, subject to Order 2 Division 3, any mode of representing or reproducing words in a visible form.

Defined in National Court Rules 1983 — Order 1 Rule 6.

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