Glossary

Words defined in legislation

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

A

• Accounting period

  A year ending on the association’s balance date, or the longer or shorter period produced by incorporation or a change of balance date, but never more than 15 months.

  Defined in Associations Incorporation Act 2023 — Section 3.

• 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.

• Acquirer (takeovers)

  A person who acquires or proposes to acquire control of a company, or two or more persons acting in concert to do so, whether directly or through an agent. Related corporations, directors and their close relatives, and a fund manager and the unit trusts it manages on a discretionary basis are presumed to act in concert.

  Defined in Capital Market Act 2015 — Section 276(1)–(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).

• Advising on corporate finance

  Giving advice on compliance with Parts IV, V and VI of the Act and related regulations and guidelines, on the raising of funds by a corporation, on compliance with stock exchange listing requirements for fund raising or related-party transactions, or on the arrangement or restructuring of a listed corporation’s assets or liabilities.

  Defined in Capital Market Act 2015 — Schedule 2, Part II.

• 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.

• Annual donations amount

  The total amount of donations received by an incorporated association in an accounting period, excluding membership dues. Exceeding the prescribed amount (K500,000 in the draft Regulation) triggers audited financial statements.

  Defined in Associations Incorporation Act 2023 — Sections 3 and 78; draft Regulation reg 6.

• Annual gross revenue amount

  The total revenues received by an incorporated association in an accounting period, including sales of goods and services, land rents, royalties and other land-use payments, membership dues, grants and donations. Exceeding the prescribed amount (K2,000,000 in the draft Regulation) triggers audited financial statements.

  Defined in Associations Incorporation Act 2023 — Sections 3 and 78; draft Regulation reg 7.

• 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.

• Associated person

  A person connected to another as defined in s 3: a spouse or minor child, an employee or partner, a person whose directions the other is accustomed to act on, a director or secretary of a body corporate or related body corporate, and others acting in concert. Relevant to promoters, voting and disclosure.

  Defined in Capital Market Act 2015 — Section 3.

• Association (unincorporated)

  An association, society, club, group, institution, Christian mission or other body in the country that has not incorporated. Its committee members contract personally and its property is held by trustees or officers.

  Defined in Associations Incorporation Act 2023 — Section 3.

• 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.

• Attendance of appellant in custody

  Except with the consent of the appellant, the hearing of an appeal to the Supreme Court shall not take place in the absence in custody of the appellant, unless the appellant so conducts himself as to render the continuance of the proceedings in his presence impracticable and the Court orders him removed.

  Defined in Supreme Court Act (Chapter 37) — Section 9.

• Auditor (capital markets)

  An approved company auditor within the meaning of section 190 of the Companies Act 1997. Every capital market licence holder must appoint one each year, and the auditor must report breaches and irregularities directly to the Securities Commission under section 105.

  Defined in Capital Market Act 2015 — Section 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

• Balance date

  The close of 31 December, unless the committee adopts a different date as the association’s balance date.

  Defined in Associations Incorporation Act 2023 — Section 3.

• 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).

• Beneficial owner (of a membership)

  A person on whose behalf a registered member holds a membership, or who otherwise ultimately controls it. An association must record and, on the Registrar’s request, disclose beneficial owners of memberships.

  Defined in Associations Incorporation Act 2023 — Section 89.

• 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).

• Books (capital markets)

  Includes a register, any other record of information, accounts or accounting records however compiled, recorded or stored, and a document. A licence holder must keep its books for at least seven years and a copy of them is prima facie evidence under section 452.

  Defined in Capital Market Act 2015 — Section 2(1).

• 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).

• Breach (administrative action)

  For the purposes of the Securities Commission’s administrative powers, a contravention of the Capital Market Act or any securities law, or a failure to comply with the rules of a stock exchange, clearing house or central depository, a Commission notice, guideline or condition, or the rules of a recognised self-regulatory organisation by a person obliged to comply.

  Defined in Capital Market Act 2015 — Section 443(1).

• 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.

• Capital Market Development Fund

  A fund established under Part XIV of the Capital Market Act 2015, administered by its own Board chaired by the Chairman of the Securities Commission, to promote the capital market, develop skills, support self-regulation and fund research. It receives a share of the trading levy and licence fees and undistributed restitution money.

  Defined in Capital Market Act 2015 — Section 428.

• Capital market licence

  The single licence issued by the Securities Commission authorising a person to carry on one or more regulated activities, such as dealing in securities, fund management or operating a unit trust. Carrying on a regulated activity without one is an offence punishable by a fine of up to K10 million or ten years’ imprisonment, or both.

  Defined in Capital Market Act 2015 — Sections 2(1), 34, 37.

• Capital market product

  A debt security, an equity security, a managed investment scheme or unit trust, a derivative, any product or arrangement based on securities or derivatives, or any other product the Securities Commission prescribes. Wider than “securities” because it includes derivatives.

  Defined in Capital Market Act 2015 — Section 2(1).

• Capital market representative’s licence

  The individual licence an employee or agent of a licensed firm must hold before acting for the firm in a regulated activity (s 35). It is tied to the firm that supports the application and lapses if that support or the firm’s own licence is withdrawn.

  Defined in Capital Market Act 2015 — Section 2(1).

• 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.

• Case stated

  A procedure by which a party dissatisfied with a decision on a point of law asks the decision-maker to set out the facts and the question of law in writing for the opinion of the National Court. Under the Securities Commission Act an appeal from the Commission lies to the Court only on a question of law, by way of case stated, with a notice of appeal lodged within 14 days.

  Defined in Securities Commission Act 2015 — Section 114.

• 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.

• Central depository

  A body approved by the Securities Commission under s 5 of the Central Depositories Act 2015 to hold securities in custody and settle dealings by entries in securities accounts without physical delivery of certificates. The Central Depositories Act applies to unit trust schemes.

  Defined in Central Depositories Act 2015 — Sections 5, 28.

• 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).

• Charge of an indictable offence

  A charge of an indictable offence as such and in order to a committal for trial for the offence — that is, a charge on which the District Court holds committal proceedings rather than a summary trial.

  Defined in District Courts Act (Chapter 40) — section 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.

• Charitable purpose

  Includes every charitable purpose, whether it relates to the relief of poverty, the advancement of art, education, science, religion, charity, health, cultural welfare, agriculture, wildlife and wildland conservation, administering any community trust or fund, or other objects beneficial to the public at large. Amateur sport may qualify as the means to a charitable purpose, and an ancillary non-charitable purpose such as advocacy does not disqualify.

  Defined in Associations Incorporation Act 2023 — Section 5.

• 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.

• Clearing house

  A body approved by the Securities Commission under section 31(4) whose activities include providing clearing facilities, that is, the clearing, settlement or guarantee of settlement of transactions in securities traded on a stock exchange or derivatives traded on a derivatives market.

  Defined in Capital Market Act 2015 — Section 2(1).

• Clerk (District Court)

  The Clerk of a District Court. The Clerk receives informations and complaints, issues summonses, keeps the Register of Decisions and other prescribed books, receives money paid into Court, and forwards the record to the National Court on appeal.

  Defined in District Courts Act (Chapter 40) — section 1, section 19.

• Client (capital markets)

  In relation to a licence holder, a person on whose behalf the holder carries on a regulated activity, or any other person with whom the holder, as principal, enters into transactions for dealing in securities or trading in derivatives.

  Defined in Capital Market Act 2015 — Section 2(1).

• Client’s assets

  Monies or other property received or retained by, or deposited with, a holder of a capital market licence in the course of its business for which the holder is liable to account to its client, and anything accruing from them. They must be held in a trust or segregated account and are not available to the firm’s creditors.

  Defined in Capital Market Act 2015 — Sections 87, 94, 98.

• 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.

• Committee member

  In relation to an incorporated association, a person named on the register as occupying the position of committee member, however styled in the rules. For liability purposes the term extends to shadow committee members.

  Defined in Associations Incorporation Act 2023 — Sections 3 and 47.

• 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.

• Compensation fund

  The Capital Market Compensation Fund that a stock exchange must establish and hold on trust under Part IX, funded by participating organisations’ contributions, to compensate clients who lose money through a stockbroker’s defalcation or insolvency. It does not cover investment losses or losses caused by a unit trust trustee.

  Defined in Capital Market Act 2015 — Sections 340–341.

• Complainant

  Includes informant. The person who makes a complaint (civil) or lays an information (criminal) in the District Court.

  Defined in District Courts Act (Chapter 40) — section 1.

• Complaint (District Court)

  A complaint other than a complaint for an offence, and includes an application and a notice of set-off. The document that starts a civil proceeding in the District Court; a complaint for an offence is an information.

  Defined in District Courts Act (Chapter 40) — section 1.

• Compounding (securities offences)

  The settlement of a suspected offence by the Chairman of the Securities Commission accepting from the suspect a sum not exceeding the maximum fine, after which no further proceedings may be taken for that offence. The money goes to the Commission’s Fund.

  Defined in Capital Market Act 2015 — Section 462.

• 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.

• Control (takeovers)

  The acquisition or holding of, or entitlement to exercise or control the exercise of, voting shares or voting rights of more than 33 percent in a company, or such other amount as the Take-overs Code prescribes. An acquirer who obtains control must make a takeover offer for the remaining voting shares.

  Defined in Capital Market Act 2015 — Section 276(1).

• Controller (capital markets)

  In relation to a capital market licence holder, a person entitled to exercise or control not less than 15 percent of the votes attached to its voting shares, or with power to appoint a majority of its directors, or with power to make and give effect to decisions about its business. The Securities Commission may run background checks on controllers.

  Defined in Capital Market Act 2015 — Section 36(7).

• 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.

• Coroner

  A person appointed to be a Coroner by the Judicial and Legal Services Commission by notice in the National Gazette, for a specified province or provinces; District Officers are Coroners by virtue of office. District Court magistrates are frequently appointed.

  Defined in Coroners Act (Chapter 32) — section 1, sections 2 and 3.

• Corporation

  Includes any artificial person.

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

• Corporation (right to appear)

  Any person may proceed in the Court by a solicitor or in person, but except as provided by or under any Act, a corporation may not commence or carry on any proceedings otherwise than by a solicitor. The rule applies in the Supreme Court through Order 2 Rule 1 of the Supreme Court Rules 2012.

  Defined in National Court Rules 1983 — Order 4 Rule 5.

• 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 (capital markets)

  In the Capital Market Act 2015, the National Court of Justice, which may order a scheme to be wound up, appoint a person to conduct the winding up, give directions and order reinstatement of a deregistered scheme.

  Defined in Capital Market Act 2015 — Section 2(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).

• Dealing in securities

  Acquiring, disposing of, subscribing for or underwriting securities, or inducing another person to do so, whether as principal or agent. It is a regulated activity requiring a capital market licence.

  Defined in Capital Market Act 2015 — Schedule 2, Part II(1).

• Death of a party

  Where a party dies or becomes bankrupt but a cause of action in the proceedings survives, the proceedings shall not abate; the Court may order the addition, removal or substitution of parties and give directions for the further conduct of the proceedings. If no substitution is ordered within three months of the death, the Court may order that the proceedings be dismissed unless a party is substituted within a specified time.

  Defined in National Court Rules 1983 — Order 5 Rules 10 to 12.

• Debt security

  A right to be repaid money, or paid interest on money, deposited with, lent to or owing by any person, including debentures, bonds, notes and convertible notes. Excludes derivatives, units in a unit trust or managed investment scheme, life policies and debt securities issued by the State, a superannuation fund or a bank.

  Defined in Capital Market Act 2015 — Section 2(1).

• Debtor (attachment of debts)

  In Division IX.4, the person liable under an order of a Court for the recovery or payment of money or costs, or both — the judgment debtor whose wages or bank account may be attached by a garnishee order.

  Defined in District Courts Act (Chapter 40) — section 180.

• Decision (District Court)

  Includes a committal for trial and an admission to bail, and a conviction, order, order of dismissal or other determination. The word that defines what can be appealed to the National Court under section 219.

  Defined in District Courts Act (Chapter 40) — section 1.

• 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.

• Decision (Securities Commission)

  Includes a declaration, order, class order or other decision of the Securities Commission. A person aggrieved by a decision may apply to the Board for review within 30 days under section 111.

  Defined in Securities Commission Act 2015 — Section 2(1).

• Deed (unit trust)

  A document having the effect of a deed and, where applicable, a supplementary deed. A unit trust deed has no effect until approved and registered by the Securities Commission (section 208), must be lodged with the Registrar of Companies within seven days (section 209), and may be modified only by an approved supplementary deed (section 211).

  Defined in Capital Market Act 2015 — Section 183.

• 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.

• Default summons

  A summons issued under section 156 on a complaint for a debt or liquidated demand, which results in judgment without a hearing unless the defendant files and serves a notice of intention to defend at least 48 hours before the return date.

  Defined in District Courts Act (Chapter 40) — section 155.

• Defendant (District Court)

  A person against whom an information is laid or a complaint is made.

  Defined in District Courts Act (Chapter 40) — section 1.

• 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).

• dependant (fatal accidents)

  For a claim over a death caused by a wrongful act, neglect or default, the persons for whose benefit the action is brought: the wife, husband, parent and child of the deceased, and a person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased. "Parent" and "child" extend to grandparents, grandchildren and step-relations, and for a Papua New Guinean deceased the class extends to the persons who by custom were dependent on the deceased immediately before death.

  Defined in Wrongs (Miscellaneous Provisions) Act (Chapter 297) — sections 24, 26 and 39.

• Dependant (Workers' Compensation Act)

  In relation to a deceased worker, members of the worker's family who were wholly, mainly or partially dependant on their earnings on the date of death (or would have been but for the incapacity due to the injury), and, other than for a non-automatic citizen worker, any person who by custom has a right to share in compensation awarded on the worker's death.

  Defined in Workers' Compensation Act (Chapter 179) — section 1.

• Derivative

  An agreement under which a party must or may have to provide consideration at a future time, where the amount or value is derived from or varies by reference to something else such as an asset, rate, index or commodity. Includes futures, options, swaps and contracts for difference; excludes ordinary securities and managed investment schemes.

  Defined in Capital Market Act 2015 — Section 2(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.

• Director (capital markets)

  A person occupying or acting in the position of director by whatever name called and whether or not validly appointed; a person in accordance with whose directions the directors are accustomed to act (a shadow director); an alternate director; a partner of a partnership; or the equivalent office-holder in another body. Section 456(4) uses a similar extended meaning for deemed liability of directors.

  Defined in Capital Market Act 2015 — Section 2(1).

• 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.

• Dissenting shareholder

  A shareholder who has not accepted a takeover offer or has failed or refused to transfer shares to an acquirer under it. Once an offer reaches 90 percent acceptance, the offeror may compulsorily acquire a dissenting shareholder’s shares, subject to the shareholder’s right to apply to the National Court.

  Defined in Capital Market Act 2015 — Sections 276(1), 295 and 297.

• 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.

• Document (Securities Commission Act)

  A document in any form, including writing on any material, information stored by tape-recorder, computer, mobile phone or social media and material derived from it, books, graphs, drawings, photographs, films and recordings. The Commission’s powers to require production and seize extend to all of these.

  Defined in Securities Commission Act 2015 — Section 2(1).

• Domestic violence

  An act done against a family member of assault (whether or not there is physical injury), psychological abuse, harassment or intimidation, sexual abuse, stalking, indecent or offensive behaviour, damage to property, or a threat to assault, sexually abuse or damage property. A single act is enough; a pattern of minor acts may also qualify.

  Defined in Family Protection Act 2013 — section 5.

• Donation

  A gift of money, goods or other property given to an incorporated association without expectation of repayment in order for it to further its objects. It does not include grants or membership dues or fees.

  Defined in Associations Incorporation Act 2023 — Section 3.

• 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.

• Duty of persons in charge of dangerous things

  Every person who has in their charge or under their control any thing, whether living or inanimate and whether moving or stationary, of such a nature that without care or precaution in its use or management life, safety or health may be endangered, must use reasonable care and take reasonable precautions to avoid that danger. A person on whom the duty falls is deemed to have caused any consequences that result to the life or health of any person by reason of an omission to perform it.

  Defined in Criminal Code Act (Chapter 262) — section 287.

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).

• Employee threshold amount

  An amount of remuneration fixed by the regulations (K150,000 in the draft Regulation) above which an association’s employees must be disclosed in its annual return.

  Defined in Associations Incorporation Act 2023 — Sections 3 and 76; draft Regulation reg 8.

• 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.

• Equity security

  Any interest in or right to a share in the share capital of a company, including ordinary and preference shares and any class the Minister declares on the Commission’s recommendation; excludes debt securities.

  Defined in Capital Market Act 2015 — Section 2(1).

• 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.

• Excluded issue

  An issue of securities specified in Schedule 6, or prescribed by the Securities Commission under section 126, that is exempt from the prospectus requirements; it includes a sale of units by a personal representative, liquidator, receiver or trustee in bankruptcy in the normal course of realising assets.

  Defined in Capital Market Act 2015 — Section 122; Schedule 6.

• Excluded offer

  An offer or invitation specified in Schedule 6, or prescribed by the Securities Commission under section 125, to which the prospectus requirements of Part IV do not apply; examples include offers made to a unit trust scheme, to a licensed dealer, or exclusively to persons outside Papua New Guinea.

  Defined in Capital Market Act 2015 — Section 122; Schedule 6.

• 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.

• Exempt stock market

  A stock market that the Securities Commission has declared exempt from the section 8 prohibition by order in the National Gazette, subject to conditions. The Bank of Papua New Guinea systems for unlisted debt securities listed in Schedule 1 are deemed exempt.

  Defined in Capital Market Act 2015 — Sections 2(1) and 8.

• Exemption order (unit trust)

  An order under section 274 by which the Securities Commission exempts a person from a provision of Part V of the Act, or declares that Part V applies to a person with provisions omitted, modified or varied. It may be conditional, must be in writing and gazetted, and its conditions are enforceable by the Court on the Commission’s application.

  Defined in Capital Market Act 2015 — Section 274.

• Existing incorporated association

  An association incorporated under the Associations Incorporation Act 1966 immediately before the 2023 Act commenced, or an overseas association registered under the 1966 Act or as an overseas company under the Companies Act 1997. It must apply for re-registration within one year of commencement or be removed from the register.

  Defined in Associations Incorporation Act 2023 — Sections 167, 168 and 170.

• Expert (capital markets)

  Includes an engineer, a valuer, an accountant and any other person whose profession gives authority to a statement made by him. An expert whose statement appears in a prospectus must consent in writing and is liable for loss caused by that statement.

  Defined in Capital Market Act 2015 — Sections 117(1), 140 and 144(1)(e).

• 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.

• Family member (Family Protection Act)

  The spouse of a person; a child of the person or of the spouse; a parent of the person or of the spouse; a grandparent; a brother or sister of the person or of the spouse; or any other person who is treated by the spouse as a family member.

  Defined in Family Protection Act 2013 — section 2.

• Family protection order

  A protection order or an interim protection order issued under Part III of the Act by the District Court (or, for interim orders, a Village Court). Breach is an offence punishable by a fine of up to K10,000 or three years imprisonment.

  Defined in Family Protection Act 2013 — section 2, section 20.

• Father (illegitimate child)

  In relation to a child who is illegitimate, the putative father.

  Defined in Adoption of Children Act (Chapter 275) — section 1.

• fault (contributory negligence)

  Negligence, breach of statutory duty or other act or omission that gives rise to a liability in tort or would, apart from Part IX of the Wrongs Act, give rise to the defence of contributory negligence. Where a person suffers damage partly through their own fault, the claim is not defeated but the damages are reduced to the extent the court thinks just and equitable.

  Defined in Wrongs (Miscellaneous Provisions) Act (Chapter 297) — sections 39 and 40.

• 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.

• Fidelity fund (derivatives)

  The fund a derivatives exchange must establish under Part IX, Division 2 to compensate clients of licensed derivatives traders for defalcation. It mirrors the compensation fund; the old Fidelity Fund under the Securities Act 1997 was converted into the Capital Market Compensation Fund by section 123 of the Securities Commission Act 2015.

  Defined in Capital Market Act 2015 — Sections 340 and 359.

• 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.

• Financial journalist

  A person who is not a licensed person and who, in the course of business or employment, contributes advice or prepares analyses or reports about securities for publication in a newspaper or periodical, through an information service, or in sound, video or data recordings. Financial journalists must keep a register of their securities interests.

  Defined in Capital Market Act 2015 — Section 58(2).

• Financial planning

  Analysing the financial circumstances of another person and providing a plan to meet that person’s financial needs and objectives, including any investment plan in securities, whether or not a fee is charged.

  Defined in Capital Market Act 2015 — Schedule 2, Part II.

• Financial statements (association)

  A statement of financial position at the balance date, an income and expenditure statement and a statement of cash flows for the accounting period, any other statements the regulations require, and the notes to them. Required where the association received a grant or exceeded the donations or gross revenue amount, and must be audited.

  Defined in Associations Incorporation Act 2023 — Sections 3, 78 to 80.

• Fine (District Court)

  Includes a pecuniary penalty, pecuniary forfeiture or pecuniary compensation payable under a conviction. So a compensation order made on conviction is enforced as a fine, including by imprisonment in default under section 201.

  Defined in District Courts Act (Chapter 40) — section 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).

• Foreign securities authority

  Any foreign government, governmental body or regulatory organisation empowered by a foreign government to administer or enforce its securities laws. The Securities Commission may make non-binding cooperation agreements with such bodies under section 42.

  Defined in Securities Commission Act 2015 — Section 2(1).

• former Fund

  The Motor Vehicles Insurance Fund that existed immediately before the Compulsory Third Party Motor Vehicles Insurance Industry Act 2002 commenced. Section 32 of Chapter 295 transferred it to and vested it absolutely in Motor Vehicles Insurance Ltd as of 1 January 2002.

  Defined in Compulsory Third Party Motor Vehicles Insurance Industry Act 2002 — section 4, inserting the definition into section 1 of the Motor Vehicles (Third Party Insurance) Act (Chapter 295).

• Frivolous or vexatious appeal

  A notice of appeal or application for leave that, in the Registrar's opinion, does not show any substantial ground of appeal may be referred to the Supreme Court for summary determination. Where the Court is satisfied the appeal is frivolous or vexatious and can be determined without a full hearing, it may dismiss it summarily without calling on any person to attend.

  Defined in Supreme Court Act (Chapter 37) — Section 11.

• Fund management

  Undertaking, on behalf of another person and whether or not on a discretionary authority, the management of a portfolio of securities or derivatives. It is a regulated activity requiring a capital market licence.

  Defined in Capital Market Act 2015 — Schedule 2, Part II(3).

• 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.

• Generally available (information)

  Information is generally available when it has been made known in a way that would bring it to the attention of reasonable investors in securities of that kind and a reasonable period for it to be disseminated and assimilated has passed. Deductions drawn from such information are also generally available.

  Defined in Capital Market Act 2015 — Section 309.

• 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.

• Grant (association)

  Money or other value given to an incorporated association by the Government of Papua New Guinea or any political subdivision without the intent that it be repaid. Receipt of any grant obliges the association to prepare financial statements.

  Defined in Associations Incorporation Act 2023 — Sections 3 and 78.

• 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 (District Court)

  Includes the examination of a person charged with an indictable offence — that is, committal proceedings are a hearing for the purposes of the Act.

  Defined in District Courts Act (Chapter 40) — section 1.

• 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

• ICCC

  The Independent Consumer and Competition Commission established under the Independent Consumer and Competition Commission Act 2002. Under Part V of the Motor Vehicles (Third Party Insurance) Act (Chapter 295) it is the principal regulator of the compulsory third party motor vehicle insurance industry.

  Defined in Compulsory Third Party Motor Vehicles Insurance Industry Act 2002 — section 4, inserting the definition into section 1 of the Motor Vehicles (Third Party Insurance) Act (Chapter 295).

• 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).

• Incorporated association

  An association incorporated or re-registered under the Associations Incorporation Act 2023, including a member benefit association and a public benefit association. It is a body corporate with perpetual succession, separate from its members, which can hold property, make contracts, sue and be sued in its own name.

  Defined in Associations Incorporation Act 2023 — Sections 3 and 13.

• 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.

• Information (District Court)

  Includes a complaint for an offence but not any other complaint, and does not include a Traffic Infringement Summons. The document, in Form 3, that starts a criminal proceeding in the District Court; it must be for one matter only.

  Defined in District Courts Act (Chapter 40) — section 1, section 29.

• Information insider

  A person who has material information relating to a listed issuer (or quoted derivatives) that is not generally available to the market, and who knows or ought reasonably to know both that it is material and that it is not generally available. An information insider must not trade in the securities concerned or tip others to do so.

  Defined in Capital Market Act 2015 — Section 307.

• Information memorandum

  A document describing the business and affairs of an issuer used for an excluded offer or excluded issue. It is deemed to be a prospectus for the purpose of liability for false or misleading statements and material omissions, and a copy must be deposited with the Securities Commission within seven days of first issue.

  Defined in Capital Market Act 2015 — Sections 125(3)–(4) and 126(3)–(4).

• Inquest

  An inquest or inquiry under the Coroners Act into the manner and cause of a death, the cause and origin of a fire, or the disappearance of a missing person, held by a Coroner sitting alone with the powers of a magistrate at a committal.

  Defined in Coroners Act (Chapter 32) — section 1, sections 5 and 22.

• Interim protection order

  An order made under section 12 where the court believes on reasonable grounds that the complainant is in danger of domestic violence. It may be made without the defendant present, commences on service, lasts up to 30 days and may be renewed once.

  Defined in Family Protection Act 2013 — section 2, sections 12 to 14.

• Interim trustee

  A licensed corporation appointed by the Securities Commission (within 12 hours of the office falling vacant) or by the National Court to run a registered scheme temporarily. It must call a members’ meeting within three months to choose a permanent trustee, and may itself be chosen.

  Defined in Capital Market Act 2015 — Sections 199, 202–204.

• Interlocutory injunction

  A temporary court order restraining a party from doing something (or requiring it to act) until the case is finally decided. The applicant must show a serious question to be tried, that damages would not be an adequate remedy and that the balance of convenience favours the order; the National Court grants such orders under Order 14 Rule 10.

  Defined in National Court Rules 1983 — Order 14 Rule 10.

• 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).

• Investigating Officer

  A person appointed by the Securities Commission under section 55 to investigate offences under the securities law. An Investigating Officer may enter premises, inspect and seize books and travel documents, require production of documents and, with the Commission’s approval, require a suspect to surrender a passport.

  Defined in Securities Commission Act 2015 — Section 55.

• 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.

• Investment advice

  Carrying on a business of advising others concerning securities or derivatives contracts, or as part of a business issuing or promulgating analyses or reports concerning securities or derivatives.

  Defined in Capital Market Act 2015 — Schedule 2, Part II.

• Issuer (capital markets)

  For shares and debentures, the corporation issuing them; for a unit in a unit trust or managed investment scheme, the trustee; for other securities, the person making them available or inviting subscription.

  Defined in Capital Market Act 2015 — Section 2(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).

• Judge sitting on appeal from own judgment

  A Judge shall not sit as a member of the Supreme Court if he has previously adjudicated (whether on appeal or otherwise) on the merits of the case, but is not precluded from sitting where he has given an interlocutory judgment only or any other judgment not going to the merits.

  Defined in Supreme Court Act (Chapter 37) — Section 2.

• 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).

• Legal representative (District Court)

  A lawyer, a person authorised by law, or any other person given leave by the Court under section 59(1), or a Legal Training Institute trainee or law student holding a certificate under section 59(1)(b) or (c).

  Defined in District Courts Act (Chapter 40) — section 1, section 59.

• Licensed person

  A person holding a capital market licence, including a person holding a capital market representative’s licence. The conduct of business rules in sections 65 to 75 apply to every licensed person.

  Defined in Capital Market Act 2015 — Section 2(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.

• Liquid scheme

  A registered scheme in which liquid assets (money in a bank account or on deposit, bank accepted bills, marketable securities and prescribed property) account for at least 80 per cent of the value of the scheme property. Members of a liquid scheme may withdraw in accordance with the trust deed at any time.

  Defined in Capital Market Act 2015 — Section 257.

• Listed

  Describes a security or corporation whose securities, or a class of them, have gained admission to be quoted on the stock market of a stock exchange. Listing units of a unit trust requires the Securities Commission’s approval.

  Defined in Capital Market Act 2015 — Sections 2(1), 116(1)(b).

• Listed corporation

  A corporation whose securities, or any class of its securities, have gained admission to be quoted on the stock market of a stock exchange. Listed corporations carry extra duties under Parts X and XII, including an interests register and annual disclosure of substantial holders.

  Defined in Capital Market Act 2015 — Section 2(1).

• 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).

• Listing rules

  The rules of a stock exchange governing the admission of securities to, or their removal from, the official list, and the conduct of bodies and persons admitted to that list. Amendments need the Securities Commission’s approval under section 11.

  Defined in Capital Market Act 2015 — Section 2(1).

M

• Magistrate

  A magistrate appointed under the Magisterial Service Act (Chapter 43), and includes a Deputy Chief Magistrate, a Principal Magistrate, a District Court Magistrate and a Reserve Magistrate. The District Courts (Amendment) Act 2009, once in operation, renames magistrates “District Court Judges”.

  Defined in District Courts Act (Chapter 40) — section 1.

• Managed investment scheme

  A scheme in which participants contribute money to acquire interests, the interests are rights to financial benefits produced principally by the efforts of another person, and the holders have no day-to-day control over the scheme’s operation. The definition in s 2 is headed “management investment scheme”; Part V applies to it alongside unit trust schemes.

  Defined in Capital Market Act 2015 — Section 2(1).

• Manager (capital markets)

  In relation to a body corporate, a person appointed to manage any part of its business, including an employee other than the chief executive who, under the immediate authority of a director or chief executive, exercises managerial functions or is responsible for maintaining accounts or records.

  Defined in Capital Market Act 2015 — Section 36(8).

• Manslaughter (Criminal Code)

  The residual homicide offence: a person who unlawfully kills another under circumstances that do not constitute wilful murder, murder or infanticide is guilty of manslaughter, punishable by up to life imprisonment.

  Defined in Criminal Code Act (Chapter 262) — section 302.

• Market participant

  For the purposes of the systemic risk provisions, includes an investor, affiliate, issuer, intermediary, capital market service provider, stock exchange, derivatives exchange, central depository and clearing facility.

  Defined in Capital Market Act 2015 — Section 336.

• 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.

• Material information (insider trading)

  Information which, on becoming generally available, would or would tend to influence reasonable investors in deciding whether to acquire or dispose of securities.

  Defined in Capital Market Act 2015 — Section 310.

• Material interest

  A financial interest of a committee member, or of a relative of a committee member, in an action or transaction that would reasonably be expected to impair the objectivity of the committee member’s judgment when participating in the action or the authorisation of the transaction. It must be disclosed and recorded, on pain of a fine of up to K50,000 or two years’ imprisonment.

  Defined in Associations Incorporation Act 2023 — Sections 3 and 40.

• 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).

• maximum Basic Protection Compensation

  The total compensation an assessment officer may award under the Basic Protection Compensation Act in respect of the death of any one person. Since the 2021 amendment it is K10,000; before that it was K5,000 where the deceased left a dependent wife or child, and K2,500 in any other case.

  Defined in Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) (Amendment) Act 2021 — section 2, replacing section 18 of the Basic Protection Compensation Act (Chapter 296).

• 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).

• Member (unit trust)

  A unit holder or member of a unit trust scheme or managed investment scheme; the investor whose contribution is held on trust by the trustee. Each member has one vote for each unit held.

  Defined in Capital Market Act 2015 — Sections 2(1), 183, 239.

• Member benefit association

  An incorporated association formed and operated primarily for the benefit of its members, such as a social or sporting club or a professional body. It may opt out of preparing an annual report or financial statements if its rules so provide and no threshold is exceeded.

  Defined in Associations Incorporation Act 2023 — Sections 3, 74 and 81.

• 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).

• motor vehicle (third party insurance)

  A motor car, motor carriage, motor cycle, motor truck, motor omnibus, motor tractor or other vehicle propelled wholly or partly by a volatile spirit or by steam, gas, oil or electricity, or by means other than human or animal power, including a trailer but not a vehicle used on a railway or tramway. Since 2021 the definition also takes in equipment and trucks used on mining, petroleum, logging and agricultural project sites, such as haul trucks, dozers, graders, tractors and shovels.

  Defined in Motor Vehicles (Third Party Insurance) (Amendment) Act 2021 — section 1, replacing the definition in section 1 of the Motor Vehicles (Third Party Insurance) Act (Chapter 295).

N

• New Porgera Operations

  The operations defined in the Porgera Project Commencement Agreement of 3 February 2022 between the State, Barrick (Niugini) Limited, Porgera (Jersey) Limited, Kumul Minerals Holdings Limited and Mineral Resources Enga Limited. For those operations the pre-2021 definitions of "motor vehicle" and "public street" continue to apply, so mine-site equipment there is outside the compulsory third party scheme.

  Defined in Motor Vehicles (Third Party) (New Porgera) (Amendment) Act 2022 — new section 64A of the Motor Vehicles (Third Party Insurance) Act (Chapter 295).

• 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.

• Notice of motion (Order 10 appeal)

  The document by which an appeal to the Supreme Court from an order made under Order 16 (judicial review) or Order 17 (habeas corpus) of the National Court Rules is instituted, in Form 15. It shows the particulars of a notice of appeal, annexes copies of all documents that were before the National Court Judge and a certified copy of the order, and is signed by the appellant or the appellant's lawyer.

  Defined in Supreme Court Rules 2012 — Order 10 Rules 1 and 3.

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 (capital markets)

  In relation to a corporation, any director, secretary or employee, a receiver and manager appointed under an instrument, and a liquidator in a voluntary winding up, but not a court-appointed receiver or liquidator.

  Defined in Capital Market Act 2015 — Section 2(1).

• 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.

• Officer (unit trust)

  For Part V of the Act, a director, secretary or executive officer of the trustee of a unit trust. Officers and employees owe personal duties of honesty, care and loyalty to members under section 192, with the same K10 million or ten-year penalty as the trustee.

  Defined in Capital Market Act 2015 — Sections 183, 192.

• Official list

  The list kept by a stock exchange specifying all securities that have been admitted for quotation on its stock market.

  Defined in Capital Market Act 2015 — Section 2(1).

• 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).

• Online registry (associations)

  The electronic registry of associations established by the Registrar under section 144(3), through which the draft Regulation allows and may require documents to be filed, and which supplies the data fields that make up most forms.

  Defined in Associations Incorporation Act 2023 — Section 144; draft Regulation regs 1, 2 and 4.

• 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 (District Court)

  An order made on a complaint — the civil counterpart of a conviction. The Act uses “conviction or order” to cover both criminal and civil outcomes.

  Defined in District Courts Act (Chapter 40) — section 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 association

  An association or other similar non-profit entity incorporated outside Papua New Guinea. It may not conduct operations or transact business in the country until registered under Part XIII, on pain of a penalty of up to K50,000 for each day.

  Defined in Associations Incorporation Act 2023 — Sections 3, 119 and 120.

• 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).

• Participating organisation

  A person who carries on the business of dealing in securities and is recognised as a participating organisation by the rules of the stock exchange; in practice, a licensed stockbroker that is a member of PNGX. Participating organisations contribute to the compensation fund.

  Defined in Capital Market Act 2015 — Section 2(1).

• 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.

• Police officer (District Court)

  Any member of the Police Force.

  Defined in District Courts Act (Chapter 40) — section 1.

• 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.

• Pre-incorporation contract

  A contract made by or on behalf of an association before it is incorporated. It may be ratified by the association after incorporation; if it is not, the person who made it is liable on an implied warranty that the association would ratify.

  Defined in Associations Incorporation Act 2023 — Sections 92 to 94.

• Preliminary prospectus

  A document designed to help an issuer set a price for a proposed issue or offer of securities, or to settle the final contents of a prospectus. It may be circulated only to sophisticated recipients, must say on its front page that it is not a prospectus, and may carry no application form.

  Defined in Capital Market Act 2015 — Sections 122 and 137(6).

• premium (third party insurance)

  The amount received by the successor company (MVIL) or its agent as consideration for undertaking a liability in the nature of insurance business in the country, whether the contract of insurance is entered into, the certificate of insurance is issued, or the premium is paid or received, in the country or elsewhere.

  Defined in Motor Vehicles (Third Party Insurance) (Amendment) Act 1996 — section 1, amending the definition in section 1 of the Motor Vehicles (Third Party Insurance) Act (Chapter 295), which is not itself on PacLII.

• Prescribed qualifications for incorporation

  The three conditions every association must meet to be incorporated: that it is formed, being formed or operating for recreation or amusement or to promote commerce, trade, industry, art, education, science, religion, health, cultural welfare, agriculture, conservation, a community trust or fund, a pension scheme or any charitable purpose; that it will apply its profits or other income in promoting its objects; and that it will prohibit any dividend or distribution to its members.

  Defined in Associations Incorporation Act 2023 — Sections 3 and 8.

• 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.

• Promoter

  In relation to securities offered to the public, a person who is instrumental in formulating the plan or program under which the securities are offered, including every director of a corporate promoter, but not a director or officer of the issuer or a person acting solely in a professional capacity. A scheme promoted by a person in the business of promoting schemes must be registered (section 187(1)(b)).

  Defined in Capital Market Act 2015 — Section 2(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.

• Prospectus

  A notice, circular, advertisement or document inviting applications or offers to subscribe for or purchase securities, or offering securities for subscription or purchase, including a supplementary, replacement, shelf, short form or abridged prospectus and a profile statement. No units may be offered unless a prospectus has been registered by the Securities Commission (section 128).

  Defined in Capital Market Act 2015 — Section 122.

• 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.

• Protection order (Family Protection Act)

  An order made under section 16 after an application, where the court believes on reasonable grounds that the defendant has committed or is likely to commit an act of domestic violence. It commences on service and lasts for the period specified, up to two years, or six months if no period is stated.

  Defined in Family Protection Act 2013 — section 2, sections 16 to 19.

• Public benefit association

  An incorporated association formed for a charitable purpose that benefits the public interest. Its surplus assets on winding up may only be distributed to another public benefit association.

  Defined in Associations Incorporation Act 2023 — Sections 3 and 143.

• Public notice (association)

  Notice by publication in a daily newspaper circulating generally throughout the country or in the National Gazette; where the Registrar gives public notice, it may be published on the register’s website instead.

  Defined in Associations Incorporation Act 2023 — Section 3.

• Public officer (association)

  The officer or officers of an incorporated association appointed under Part VI, at least one of whom must be ordinarily resident in Papua New Guinea. The public officer is the association’s point of contact for service and filings and owes statutory duties of good faith and disclosure.

  Defined in Associations Incorporation Act 2023 — Sections 3, 4 and 53 to 60.

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).

• Registered office (association)

  The office in Papua New Guinea that every incorporated association must have, described by street or physical location, to which notices may be delivered and where records may be inspected. Changes are notified to the Registrar and take effect five days after registration.

  Defined in Associations Incorporation Act 2023 — Sections 4, 95 to 97.

• Registered person

  A person, typically a licensed bank or financial institution, specified in Schedule 4 and registered by the Securities Commission under section 52 to carry on listed regulated activities without a capital market licence, subject to conditions and supervision by the Bank of Papua New Guinea.

  Defined in Capital Market Act 2015 — Section 2(1).

• Registered scheme

  A unit trust or managed investment scheme registered by the Securities Commission under s 186. Registration is compulsory where the scheme has more than 20 members or was promoted by a person in the business of promoting schemes.

  Defined in Capital Market Act 2015 — Sections 183, 186, 187.

• Registrable prospectus

  A prospectus that has been submitted to the Securities Commission for approval under section 129 but has not yet been approved. The Commission may publish it for public information without recommending the securities.

  Defined in Capital Market Act 2015 — Section 128(6).

• 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.

• Regulated activity

  One of the six activities listed in Part I of Schedule 2 for which a capital market licence is required: dealing in securities, trading in derivatives, fund management, advising on corporate finance, investment advice and financial planning.

  Defined in Capital Market Act 2015 — Section 2(1); Schedule 2.

• regulatory contract

  Has the same meaning as in the Independent Consumer and Competition Commission Act 2002. Where a regulatory contract relating to compulsory third party motor vehicle insurance is in force, the ICCC may not exercise a power under Chapter 295 inconsistently with it.

  Defined in Compulsory Third Party Motor Vehicles Insurance Industry Act 2002 — section 4, inserting the definition into section 1 of the Motor Vehicles (Third Party Insurance) Act (Chapter 295).

• Related corporation

  A corporation that is related to another by virtue of section 6 of the Companies Act 1997 (broadly, holding companies, subsidiaries and fellow subsidiaries).

  Defined in Capital Market Act 2015 — Section 2(1).

• 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.

• Relative (of a committee member)

  Any parent, child, brother, sister, stepparent, stepchild, stepbrother or stepsister of the person; any spouse or de facto partner; any parent, child, brother or sister of a spouse or de facto partner; or a nominee or trustee for any of those persons.

  Defined in Associations Incorporation Act 2023 — Section 3.

• Relevant interest

  The interest a person has in a capital market product if they are its registered holder or beneficial owner, can exercise or control a vote attached to it, or can acquire or dispose of it or control its acquisition or disposal, whether directly or indirectly, enforceably or not, alone or jointly. Extended by sections 415 and 416 to interests held through trusts, agreements, controlled companies and associates.

  Defined in Capital Market Act 2015 — Section 414.

• Relevant offence

  An offence that disqualifies a person from being a committee member: an offence in connection with the promotion, formation or management of an association, company or business group punishable by at least three months’ imprisonment; an offence under the Act; any offence involving fraud or dishonesty; an indictable offence involving violence; an offence under Part VIA of the Criminal Code; or an offence under the Anti-Money Laundering and Counter Terrorist Financing Act 2015 or Part II of the Proceeds of Crime Act 2005.

  Defined in Associations Incorporation Act 2023 — Sections 3 and 30.

• Relevant requirement

  For orders of the National Court on the Commission’s application, a requirement imposed by the Capital Market Act or any securities law, by a condition of a licence or approval, by the rules of a stock exchange, derivatives exchange or clearing house, or by any other law whose breach the Commission may prosecute with the Public Prosecutor’s consent.

  Defined in Capital Market Act 2015 — Section 449(13).

• Remit (Supreme Court appeal)

  One of the orders the Supreme Court may make on hearing an appeal: to remit the case in whole or in part for further hearing in the National Court, as distinct from affirming, reversing or modifying the judgment, giving the judgment that ought to have been given, or ordering a new trial.

  Defined in Supreme Court Act (Chapter 37) — Section 16(d).

• Replacement prospectus

  A complete new prospectus that replaces one previously registered by the Securities Commission, issued where the original has become false, misleading or materially incomplete.

  Defined in Capital Market Act 2015 — Section 134(8).

• Representative (capital markets)

  A person, by whatever name called, in the direct employment of or acting for or by arrangement with a person carrying on a regulated business, who carries out that regulated activity for them, other than work ordinarily performed by accountants, clerks or cashiers, whether or not remunerated.

  Defined in Capital Market Act 2015 — Section 2(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.

• Reserve Magistrate

  A Reserve Magistrate appointed under section 3 of the Act — a person appointed to exercise the powers of a magistrate for a particular period or purpose.

  Defined in District Courts Act (Chapter 40) — section 1, section 3.

• 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

• Scheme property

  The contributions of money or money’s worth to a unit trust or managed investment scheme, money borrowed or raised by the trustee for the scheme, property acquired with those contributions, and the income and property derived from them. The trustee must hold it in trust for the members and keep it separate from its own property.

  Defined in Capital Market Act 2015 — Sections 183, 191(2).

• Securities

  Government debentures, stocks and bonds; shares in or debentures of a body corporate or unincorporated body; units in a unit trust scheme and rights or options over them; and anything the Minister prescribes under s 5. Derivatives are excluded.

  Defined in Capital Market Act 2015 — Section 2(1).

• Securities Commission

  The Securities Commission of Papua New Guinea, a body corporate established by s 4 of the Securities Commission Act 2015 and independent of direction by any other person. It administers the Capital Market Act 2015 and the Central Depositories Act 2015, licenses market participants and registers unit trust schemes.

  Defined in Securities Commission Act 2015 — Sections 4, 6, 7, 8.

• Securities law

  The Securities Commission Act 2015, the Capital Market Act 2015 and the Central Depositories Act 2015 together, including the regulations, rules, orders and guidelines made under them.

  Defined in Securities Commission Act 2015 — Section 2 (as amended 2023).

• 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.

• Security for costs (election petition review)

  The sum of K5,000.00 that an applicant for leave to review an election petition decision must deposit in the Registrar's Trust Account at the time of filing, in addition to the K750 filing fee. It is paid out to parties awarded costs after taxation, shared equally where they cannot agree, and refunded to the applicant if not claimed within three months of the decision.

  Defined in Supreme Court Rules 2012 — Order 5 Rules 12, 13 and 44 to 47.

• 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).

• Shadow committee member

  A person who, despite not being registered or formally appointed as a committee member, acts in the role of a committee member, is a person in accordance with whose directions or instructions a committee member is required or accustomed to act, or otherwise exercises control over committee member powers. A shadow committee member must be disclosed in the notice of intention and bears a committee member’s liabilities.

  Defined in Associations Incorporation Act 2023 — Sections 3, 6 and 47.

• Shelf prospectus

  A prospectus issued under a shelf registration scheme, which allows an issuer to make several issues over a period on the basis of one registered prospectus kept up to date by supplementary shelf prospectuses, under regulations made for the purpose.

  Defined in Capital Market Act 2015 — Sections 122 and 136.

• 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.

• Simple offence

  An offence punishable on summary conviction before a court by fine, imprisonment or otherwise. An information for a simple offence must be laid within six months under section 36.

  Defined in District Courts Act (Chapter 40) — section 1.

• Slip rule application

  An application made after disposal of a proceeding to correct an accidental slip or omission in the Court's judgment or order. It must be filed and served within 21 days of the order disposing of the proceeding, must set out the nature of the slip and the finding that the applicant contends the Court should have made, and is not listed unless a Judge who made the order certifies that it is properly brought.

  Defined in Supreme Court Rules 2012 — Order 11 Rule 32.

• solatium

  A fixed sum, not exceeding K600 in the aggregate, that a court may award to a parent for the suffering caused by the wrongful death of a child, in addition to any damages for financial loss. The court may refuse it having regard to the parent's conduct towards, or relationship with, the child.

  Defined in Wrongs (Miscellaneous Provisions) Act (Chapter 297) — section 29.

• 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).

• Special resolution (association)

  A resolution approved by a majority of 75 per cent (or any higher majority the rules require) of the votes of those members entitled to vote and voting on the question. Needed to change the rules or name, amalgamate, wind up and for other major decisions. Notice of it must be lodged with the Registrar within 20 days, and it does not take effect until registered.

  Defined in Associations Incorporation Act 2023 — Sections 3 and 64.

• Special resolution (unit trust)

  A resolution of unit holders approved by members holding units with a combined value of not less than 75 per cent of the value of the units held by those entitled to vote who vote on the question.

  Defined in Capital Market Act 2015 — Section 2(1).

• Specified person

  A person or class of persons listed in Schedule 3, such as a lawyer, accountant, newspaper proprietor, liquidator or own-account dealer, to whom the licensing requirement in section 34(1) does not apply because the regulated activity is solely incidental to another business or function.

  Defined in Capital Market Act 2015 — Section 2(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.

• Spouse (Family Protection Act)

  An individual of the opposite sex who is or has been married to the person; who, though not married, is living or has lived with the person in a marriage-like relationship; or who is a biological parent of a child with the person.

  Defined in Family Protection Act 2013 — section 2.

• 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.

• Stay of proceedings

  A court order suspending the operation of a judgment, order or administrative decision while an appeal or review is pending, preserving the position as it stood before the decision. Under section 56(3) of the Capital Market Act a Commission licensing decision takes effect immediately on issue, and the National Court has held that only an interim restraining order sought before the decision is implemented, not a general stay, is available (Melanesian Trustee Services v Securities Commission [2023] PGNC 356).

  Defined in Capital Market Act 2015 — Section 56(3).

• Stock exchange

  A body corporate approved by the Securities Commission under s 9 to operate a stock market. In Papua New Guinea the approved exchange is PNGX Markets Ltd, formerly the Port Moresby Stock Exchange.

  Defined in Capital Market Act 2015 — Sections 2(1), 9.

• Stock market

  A market, exchange, place or facility at which offers to sell, purchase or exchange equity securities, debt securities or units are regularly made or accepted, or where price information about them is regularly provided. Under section 8 only a stock exchange, an exempt stock market or a registered electronic facility may operate one.

  Defined in Capital Market Act 2015 — Section 2(1).

• Stop order

  A written order of the Securities Commission directing an issuer not to allot, issue, offer or sell further securities under a prospectus that does not comply with the Act, is false or misleading, omits something material, or whose issuer has broken the securities laws. While it is in force the prospectus is treated as unregistered and application money must be refunded.

  Defined in Capital Market Act 2015 — Section 141.

• street (third party insurance)

  A street, road, lane, thoroughfare, footpath, bridge or place that is open to the public, or to which the public has or is permitted to have access, whether on payment of a fee or otherwise, and including such a place in a mining, petroleum or agricultural development site or in a private property estate.

  Defined in Motor Vehicles (Third Party Insurance) (Amendment) Act 2021 — section 1, inserting a new definition into section 1 of the Motor Vehicles (Third Party Insurance) Act (Chapter 295).

• Subscriber (unit trust)

  In relation to interests in a managed investment scheme, any person accepting an offer, or making an offer pursuant to an invitation, in respect of the interests, or subscribing for or buying them. A subscriber to an unlawfully operated scheme may void the contract by written notice under section 263.

  Defined in Capital Market Act 2015 — Section 183.

• 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.

• Substantial holding

  A relevant interest in securities comprising 5 percent or more of a class of voting securities of a listed corporation. The holder must disclose it to the corporation, the market operator and the Securities Commission on acquiring it, on any movement of one percentage point or more, on any change in its nature, and on ceasing to hold it.

  Defined in Capital Market Act 2015 — Section 395.

• Substantial miscarriage of justice

  The test on an appeal from the District Court: the National Court shall allow the appeal only if it appears that there has been a substantial miscarriage of justice. An error that did not affect the result is not enough.

  Defined in District Courts Act (Chapter 40) — section 230(2).

• Substantial securities holder

  A person who has a substantial holding in a listed corporation, that is, a relevant interest in 5 percent or more of a class of its voting securities.

  Defined in Capital Market Act 2015 — Section 395(1).

• 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.

• successor company

  On and from 1 January 1999, Motor Vehicles Insurance Ltd, or such other company as may be nominated under section 72 of the Motor Vehicles (Third Party Insurance) Act (Chapter 295) to provide compulsory third party insurance. For the period from 14 January to 31 December 1998, the company nominated under section 65 of that Act.

  Defined in Motor Vehicles (Third Party Insurance) (Basic Protection Compensation) (Amendment) Act 2000 — section 1, replacing the definition in section 1 of the Basic Protection Compensation Act (Chapter 296); the same definition appears in section 1 of Chapter 295.

• 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.

• Supplementary deed

  A deed expressed to be supplementary to the principal trust deed of a scheme, by which alone the principal deed may be modified. It must be approved and registered by the Securities Commission, accompanied by a two-thirds members’ resolution or a trustee’s certificate of no material prejudice, and once registered is deemed part of the principal deed.

  Defined in Capital Market Act 2015 — Section 211.

• Supplementary prospectus

  A document that adds to or corrects an approved prospectus and is read together with it; it is regarded as part of the original prospectus and attracts the same liability.

  Defined in Capital Market Act 2015 — Section 134.

• Surplus assets

  The assets of an incorporated association remaining on its winding up after payment of its debts, liabilities and the costs of the winding up. They are distributed by order of the National Court, never to the members, and the surplus of a public benefit association may only go to another public benefit association.

  Defined in Associations Incorporation Act 2023 — Section 143.

• Systemic risk in the capital market

  A situation in which financial distress in a significant market participant or a number of participants, an impairment of the orderly functioning of the capital market, or an erosion of public confidence in its integrity occurs or is likely to occur. It triggers the Commission’s information and directive powers in Part VIII.

  Defined in Capital Market Act 2015 — Section 336.

T

• Takeovers Code

  The code made under section 277 regulating take-over offers, mergers and compulsory acquisitions of listed and other companies, breaches of which attract criminal, administrative and civil pecuniary penalties under sections 278 to 294.

  Defined in Capital Market Act 2015 — Section 277.

• 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.

• Trading in derivatives

  Whether as principal or agent, making or offering agreements, inducing persons, or soliciting or accepting orders for entering into or taking an assignment of derivatives, closing them out, or exercising or allowing to lapse an option under them.

  Defined in Capital Market Act 2015 — Schedule 2, Part II.

• Traffic Infringement Summons

  A Traffic Infringement Summons issued under section 34A of the Motor Traffic Act. It is not an information, and is dealt with under Part VIIA of the District Courts Act.

  Defined in District Courts Act (Chapter 40) — section 1.

• 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.

• Trustee (unit trust)

  The corporation appointed as trustee of a unit trust or managed investment scheme. It must hold a capital market licence authorising it to operate the scheme and is the principal responsible entity, liable to members for the acts of any fund manager or agent it engages.

  Defined in Capital Market Act 2015 — Sections 2(1), 189, 190.

U

• Unit (unit trust)

  Any right or interest in a unit trust or managed investment scheme, by whatever name called, including a sub-unit. A unit is a “security” under the Act and the trustee is its issuer.

  Defined in Capital Market Act 2015 — Section 2(1).

• Unit trust scheme

  Any arrangement that provides facilities for people to participate as beneficiaries under a trust in the profits or income from acquiring, holding, managing or disposing of equity securities, debt securities, derivatives or any other property. Units in such a scheme are securities.

  Defined in Capital Market Act 2015 — Section 2(1).

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

• Want of prosecution

  The ground on which the Supreme Court may dismiss an appeal where the appellant has not done any act required to be done by or under these rules or otherwise has not prosecuted his appeal with due diligence. The Court may dismiss the appeal, fix a time peremptorily and order that it stand dismissed on non-compliance, or make any other order that seems just. A respondent applies in Form 11.

  Defined in Supreme Court Rules 2012 — Order 7 Rules 48 to 51.

• 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.

• Withdrawal offer

  A written offer by the trustee of a scheme that is not liquid giving members an opportunity to withdraw, wholly or partly, to the extent that particular assets can be converted to money. It must stay open for at least 21 days and only one may be open at a time.

  Defined in Capital Market Act 2015 — Sections 258, 259.

• Worker (Workers' Compensation Act)

  A member of a Provincial Assembly, or a person, including a domestic servant, who has entered into or works under a contract of employment or apprenticeship or otherwise with an employer, whether by manual labour, clerical work or otherwise, but not an outworker or a person whose employment is casual and not for the purpose of the employer's trade or business.

  Defined in Workers' Compensation Act (Chapter 179) — section 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.