Home›Go to Court›National Court
National Court
Two hundred and sixty questions and answers on practice and procedure in the National Court of Papua New Guinea - the National Court Act (Chapter 38), the National Court Rules 1983, the Human Rights Rules, the Alternative Dispute Resolution Rules 2022, the Election Petition Rules 2017 and the Criminal Practice Rules 2022 - from how to start a proceeding to how to enforce the judgment.
The National Court is a court of unlimited jurisdiction under Constitution section 166(1), and almost everything it does is governed by the National Court Rules 1983. This series works through those Rules in plain language, Order by Order: commencing proceedings, parties, service, pleadings, discovery, interlocutory applications, trial, judgments, enforcement and costs - together with the specialist rules for judicial review, human rights, mediation, election petitions, fraud and corruption cases, probate and the Commercial List. Where the State is a party, the Claims By and Against the State Act 1996 changes the timetable and the remedies, and those differences are flagged throughout.
Establishment and composition
163(1) — A National Court of Justice is hereby established.
163(2) — It is a superior court of record and, subject to any Act of the Parliament, has the power to punish contempt of court.
164 — The National Court consists of the Chief Justice, the Deputy Chief Justice, and not less than four or more than six other Judges, or such greater number as is determined by or under an Act of the Parliament.
165 — Acting Judges may be appointed to fill a vacancy temporarily, to cover a Judge’s absence, or to meet a temporary unexpected workload — and an appointment on that last ground may be made without reference to the numerical limit in section 164.
Under Constitution section 161(1) the Supreme Court consists of the Chief Justice, the Deputy Chief Justice and the other Judges of the National Court. The same judges therefore sit in both courts — alone or in pairs in the National Court, and in benches of at least three in the Supreme Court.
Section 166(3) provides that the National Court’s jurisdiction may be exercised by a single Judge or by a number of Judges sitting together, and section 166(5) that it may be exercised in court or in chambers.
Unlimited jurisdiction
(1) Subject to this Constitution, the National Court is a court of unlimited jurisdiction.
(2) In particular it has the jurisdiction set out in (a) section 22 (enforcement of the Constitution); (b) Subdivision III.3.D (enforcement of the Basic Rights); and (c) section 155 — and otherwise as provided by the Constitution or any law.
The National Court (a) has an inherent power to review any exercise of judicial authority; and (b) such other jurisdiction and powers as are conferred on it — except where (c) jurisdiction is conferred on the Supreme Court to the exclusion of the National Court; (d) the Supreme Court assumes jurisdiction under subsection (4); or (e) the power of review is removed or restricted by a Constitutional Law or an Act.
155(5) — even in a case within paragraph (e), the National Court nevertheless has an inherent power of review where in its opinion there are over-riding considerations of public policy in the special circumstances of a particular case.
What the National Court actually hears
| Area | Notes |
|---|---|
| Criminal trials on indictment | The most serious offences, after committal by the District Court — see committal proceedings |
| Bail in the most serious cases | See bail for wilful murder or murder |
| Civil claims beyond the District Court’s limit | Including claims against the State |
| Judicial review | Constitution s 155(3)(a) and (4) |
| Enforcement of the Basic Rights | Constitution s 57 — see how to enforce a Basic Right |
| Matrimonial causes — divorce, nullity, judicial separation | The only court that can — see which court hears a divorce |
| Adoption orders | The only court that can — see which court can make an adoption order |
| Company matters | Liquidation, receivership, arrangements, investigations under the Companies Act 1997 |
| Appeals from the District Court | Including appeals from the Family Court, lodged within 40 days |
| Contempt of itself | Constitution s 163(2) |
Judicial review
Section 155(3)(a) gives the National Court an inherent power to review any exercise of judicial authority, and section 155(4) allows it to make orders in the nature of prerogative writs — certiorari, mandamus, prohibition and quo warranto — and such other orders as are necessary to do justice.
That is how a decision of a lower court, a tribunal, or a public official is challenged where no statutory appeal exists. Examples from elsewhere on this site:
- A decision of the National Child and Family Services Council refusing a childcare licence is final and not subject to review except by a court of competent jurisdiction;
- Decisions of the Investment Promotion Authority;
- Police disciplinary decisions — see appealing a police disciplinary decision.
Judicial review asks whether the decision was made lawfully — within power, on relevant considerations, and fairly. It is not an appeal on the merits. Natural justice is a rule of the underlying law under Constitution section 59, whose minimum requirement is to act fairly and to be seen to act fairly.
Enforcing the Constitution
Section 22 — the provisions of the Constitution that recognise rights or impose duties are enforceable in the National Court, which may make such orders as are necessary or appropriate.
Section 57 — a Basic Right may be protected and enforced by the Supreme Court or the National Court, on its own initiative or on the application of any person with an interest, including the Ombudsman Commission.
Under section 18(1) the Supreme Court has original jurisdiction to the exclusion of other courts on any question of the interpretation or application of a Constitutional Law, and section 18(2) requires the National Court to refer such a question — unless it is trivial, vexatious or irrelevant.
So the National Court enforces the Constitution; the Supreme Court says what it means.
Sources
- Constitution — ss 18, 22, 57, 59, 155–159, 163–167
- National Court Act (Chapter 38)
- National Court judgments on PacLII
Jump to a subject
260 questions and answers, grouped by subject.
- The National Court and its Rules — 10 questions
- Commencing proceedings — 16 questions
- Parties and causes of action — 10 questions
- Service of documents — 10 questions
- Responding to a claim — 6 questions
- Pleadings — 16 questions
- Discovery, interrogatories and admissions — 12 questions
- Interlocutory applications and injunctions — 14 questions
- Getting to trial, and the trial itself — 12 questions
- Judgments and orders — 14 questions
- Enforcing a judgment — 14 questions
- Judicial review — 14 questions
- Human rights proceedings — 12 questions
- Suing the State — 12 questions
- Mediation and ADR — 12 questions
- The Commercial List — 6 questions
- Election petitions — 14 questions
- Criminal practice in the National Court — 12 questions
- Probate and administration — 8 questions
- Appeals and review — 8 questions
- Costs — 12 questions
- Other jurisdictions of the Court — 8 questions
- Practical questions — 8 questions
The National Court and its Rules
Where the National Court Rules come from, what they cover, how they are interpreted, the reckoning of time, sittings and vacations, and the work of the Registry.
What Are the National Court Rules?
An overview of the PNG National Court Rules 1983: their eight Parts and 23 Orders, what each covers, and how they fit with the National Court Act (Chapter 38).
Read the answer → No. 2Where Do the National Court Rules Come From?
Constitution section 184 and National Court Act section 8: who makes the National Court Rules, why judges make them, and the constitutional independence that underlies the power.
Read the answer → No. 3What Happens if I Do Not Comply With the Rules?
Order 1 Rules 8 to 10 of the PNG National Court Rules 1983: the effect of non-compliance, applications to set aside for irregularity, and the requirement to state objections.
Read the answer → No. 4Can the Court Dispense With the Rules?
Order 1 Rule 7 of the PNG National Court Rules 1983: the power to dispense with compliance, how it is used, and what it cannot reach.
Read the answer → No. 5What if the Rules Do Not Say What to Do?
Order 1 Rule 12 of the PNG National Court Rules 1983: applying for directions where procedure is wanting or in doubt, and the protection those directions give.
Read the answer → No. 6How Is Time Calculated in the National Court?
Order 1 Rules 13 to 16 and Order 2 Rule 3 of the PNG National Court Rules 1983: reckoning time, the meaning of “month”, Registry closures and the vacation.
Read the answer → No. 7Can a Time Limit Be Extended in the National Court?
Order 1 Rule 15 of the PNG National Court Rules 1983: extending and abridging time, retrospective extensions, extension by consent, and the limits of the power.
Read the answer → No. 8When Does the National Court Sit?
Order 2 Division 1 of the PNG National Court Rules 1983 and sections 3 and 4 of the National Court Act: sittings, circuits, the annual vacation, and postponement in a Judge's absence.
Read the answer → No. 9What Does the National Court Registry Do?
Order 2 Division 2 of the PNG National Court Rules 1983 and section 7 of the National Court Act: the Registrar, the Registry, filing, serial numbers, searches and review of the Registrar's decisions.
Read the answer → No. 10What Forms Must I Use in the National Court?
Order 1 Rule 11 and Order 2 Division 3 of the PNG National Court Rules 1983: the prescribed forms, substantial compliance, paper size, backsheets and signing of documents.
Read the answer →Commencing proceedings
Order 4: writ of summons or originating summons, what each is for, endorsements, the originating process generally, motions, and how a proceeding is actually filed.
How Do I Start a Case in the National Court?
Order 4 of the PNG National Court Rules 1983: the two modes of commencing civil proceedings, what an originating process must contain, filing, and the steps that follow.
Read the answer → No. 12Should I Use a Writ or an Originating Summons?
Order 4 Rules 2 and 3 of the PNG National Court Rules 1983: when a writ is required, when an originating summons is appropriate, and what happens if you choose wrongly.
Read the answer → No. 13What Is a Writ of Summons?
Order 4 Division 3 of the PNG National Court Rules 1983: the form of a writ of summons, its date and teste, the required endorsements, and concurrent writs.
Read the answer → No. 14What Is an Originating Summons?
Order 4 Division 4 of the PNG National Court Rules 1983: the two forms of originating summons, appointments for hearing, directions, determination and continuation on pleadings.
Read the answer → No. 15What Must Be Endorsed on a Writ?
Order 4 Rules 19 to 22 and Rules 7 to 10 of the PNG National Court Rules 1983: the endorsements required on a writ of summons before it is issued.
Read the answer → No. 16How Long Is a Writ Valid For?
Order 4 Rule 13 of the PNG National Court Rules 1983: the two-year validity of an originating process for service, the bar on extension, and starting again.
Read the answer → No. 17Can a Writ Be Renewed?
Why a writ cannot be renewed in the PNG National Court, the effect of Order 4 Rule 13(2), and what a plaintiff whose writ has lapsed can do instead.
Read the answer → No. 18How Do I File a Proceeding in the National Court?
The practical steps for filing a proceeding in the PNG National Court: what to prepare, where to file, what the Registry does, and what happens next.
Read the answer → No. 19What Is a Notice of Motion?
Order 4 Division 5 of the PNG National Court Rules 1983 and the Motions (Amendment) Rules 2005: the form and contents of a notice of motion, service, and the Motions List.
Read the answer → No. 20How Do I Make an Interlocutory Application?
The practical steps for an interlocutory application in the PNG National Court: preparing the motion, filing, service, the affidavit timetable and the hearing itself.
Read the answer → No. 21Can I Apply Without Notice to the Other Side?
Order 4 Rule 38(2) of the PNG National Court Rules 1983 and the urgent ex parte procedure in the Motions (Amendment) Rules 2005.
Read the answer → No. 22What Affidavit Do I Need With a Motion?
Order 4 Rule 44 of the PNG National Court Rules 1983 and Rule 12 of the Motions (Amendment) Rules 2005: the affidavit supporting a motion and the filing timetable.
Read the answer → No. 23What Is an Ex Parte Originating Summons?
Proceedings without a defendant in the PNG National Court: the form of title, obtaining a hearing, and the statutory applications commonly brought this way.
Read the answer → No. 24Can Two Proceedings Be Consolidated?
Consolidating related proceedings in the PNG National Court: the listings mention, the directions powers, separate trials under Order 5 Rule 6, and section 155(4).
Read the answer → No. 25What Is the Time Limit for Starting a Claim?
Limitation of actions in Papua New Guinea: the Frauds and Limitations Act 1988, the section 5 notice to the State, and why rules of court cannot save a late claim.
Read the answer → No. 26What Happens if I Sue in the Wrong Court?
Choosing between the National Court and the District Court in Papua New Guinea, the consequences of getting it wrong, and how a matter can be transferred or restarted.
Read the answer →Parties and causes of action
Order 5: joining causes of action and parties, representative proceedings, persons under disability, next friends and guardians ad litem, business names, and adding or removing a party.
Who Can Be a Party to a National Court Case?
Order 5 of the PNG National Court Rules 1983: who may sue and be sued, corporations, disabled persons, representative proceedings and trustees.
Read the answer → No. 28Can I Join More Than One Claim in One Proceeding?
Joinder of causes of action under Order 5 Rule 1 of the PNG National Court Rules 1983: same capacity, executors, leave, and separate trials where joinder is inconvenient.
Read the answer → No. 29Can I Sue More Than One Defendant?
Joinder of parties under Order 5 Rules 2 to 6 of the PNG National Court Rules 1983: the two-limb test, joint rights, common liability and inconvenient joinder.
Read the answer → No. 30How Do I Add or Remove a Party?
Adding and removing parties in the PNG National Court under Order 5 Rules 8 to 11: the test, consent, land possession cases, and the effect on the limitation period.
Read the answer → No. 31What Is a Representative Proceeding?
Representative proceedings in the PNG National Court under Order 5 Rule 13: the same-interest test, who may represent, the binding effect and enforcement by leave.
Read the answer → No. 32How Does a Child Sue or Get Sued?
Order 5 Division 2 of the PNG National Court Rules 1983: minors as parties, next friends, guardians at law, service on a child, and court approval of infant settlements.
Read the answer → No. 33What Is a Next Friend or Guardian at Law?
Next friends and guardians at law in the PNG National Court: the definitions, appointment, the certificate requirements, mentally disordered persons, removal and liability.
Read the answer → No. 34Can I Sue a Business Name?
Suing an unregistered business name in the PNG National Court under Order 5 Division 3: commencement, service, notice of intention to defend and amendment to the real name.
Read the answer → No. 35How Do I Sue a Company?
Suing a company in the PNG National Court: the correct name, service under Companies Act 1997 sections 431 and 433, overseas companies, and the rule that a corporation must act by a solicitor.
Read the answer → No. 36What Happens if a Party Dies During a Case?
Death and bankruptcy of a party in the PNG National Court: Order 5 Rules 10 to 12 and 16, substitution, the three-month rule, and which causes of action survive.
Read the answer →Service of documents
Order 6: personal service, substituted service, service on corporations and the State, service outside Papua New Guinea, and service of foreign process in PNG.
How Do I Serve a Writ?
Service of documents in the PNG National Court under Order 6: personal service of originating process, ordinary service, address for service, acceptance by solicitor and service by filing.
Read the answer → No. 38What Is Personal Service?
Personal service under Order 6 Rule 3 of the PNG National Court Rules 1983: how it is effected, service on corporations, refusal to accept, and when personal service is required.
Read the answer → No. 39What Is Substituted Service?
Substituted service under Order 6 Rule 12 of the PNG National Court Rules 1983, confirmation of informal service under Rule 13, the affidavit required, and what orders the Court makes.
Read the answer → No. 40How Do I Serve a Company?
Serving a company or other corporation in the PNG National Court: Companies Act sections 431 and 433, Order 6 Rule 3, statutory bodies, associations and proof of service.
Read the answer → No. 41How Do I Serve the State?
Service of process on the State in Papua New Guinea under section 7 of the Claims By and Against the State Act 1996, the section 5 notice, and the time and place restrictions.
Read the answer → No. 42How Do I Prove Service?
Proving service in the PNG National Court: the Order 6 Rule 18 affidavit of service, who must swear it, deemed service, and why it matters for default judgment.
Read the answer → No. 43Can I Serve a Writ Outside Papua New Guinea?
Service of originating process outside Papua New Guinea under Order 6 Division 2 of the National Court Rules 1983: the Rule 19 categories and the Rule 20 requirement of leave.
Read the answer → No. 44Do I Need Leave to Serve Outside Papua New Guinea?
Leave to serve outside Papua New Guinea under Order 6 Rule 20 of the National Court Rules 1983: the prima facie case test, the affidavit requirements, confirmation and waiver.
Read the answer → No. 45How Is Service Outside Papua New Guinea Actually Effected?
The Order 6 Division 3 procedure for serving documents abroad from the PNG National Court: lodgement, translation, the request and undertaking, transmission and proof of service.
Read the answer → No. 46Can Foreign Court Documents Be Served in Papua New Guinea?
Service in Papua New Guinea of external process under Order 6 Division 4 of the National Court Rules 1983: letters of request, the documents required, service by the Sheriff and certification.
Read the answer →Responding to a claim
Order 7: notice of intention to defend, the time allowed, conditional notice, and what happens if you do nothing.
What Is a Notice of Intention to Defend?
Notice of intention to defend in the PNG National Court under Order 7 of the National Court Rules 1983: Form 15, what it must show, how to give it, late notice and its effect.
Read the answer → No. 48How Long Do I Have to Respond to a Writ?
Time to give notice of intention to defend in the PNG National Court under Order 4 Rule 11: 30 days, two months for foreign service, and how time is counted.
Read the answer → No. 49What Happens if I Ignore a Writ?
Consequences of not responding to a writ in the PNG National Court: default judgment under Order 12 Division 3, enforcement under Order 13, and how to set a default judgment aside.
Read the answer → No. 50What Is a Conditional Notice of Intention to Defend?
Order 7 Rules 7 and 8 of the PNG National Court Rules 1983: conditional notice of intention to defend, the four grounds, the 14-day window and the freeze on the plaintiff.
Read the answer → No. 51Can I Challenge the Court’s Jurisdiction?
Challenging the jurisdiction of the PNG National Court: Constitution sections 18 and 166, Order 7 Rule 7, exclusive jurisdictions, and the difference between jurisdiction and merits.
Read the answer → No. 52Can I Get More Time to Defend?
Extensions of time to file a defence in the PNG National Court: Order 1 Rule 15, consent extensions, what the Court looks for, and the limits on the power.
Read the answer →Pleadings
Order 8: the statement of claim and defence, particulars, cross-claims, amendment, withdrawal and discontinuance, payment into court, and the special rules for defamation.
What Is a Statement of Claim?
The statement of claim in the PNG National Court under Order 8 Rule 3 of the National Court Rules 1983: endorsement, timing, contents and the money-claims shortcut.
Read the answer → No. 54What Must a Pleading Contain?
Form and manner of pleading in the PNG National Court under Order 8 Rules 7 to 20A: material facts, brevity, alternatives, points of law, departure, and pleading the underlying law.
Read the answer → No. 55What Must Not Go in a Pleading?
What is prohibited in a PNG National Court pleading: evidence, prolixity, departure, the general issue, and the Order 8 Rule 27 striking-out power.
Read the answer → No. 56What Is a Defence?
The defence in the PNG National Court under Order 8 Rules 4, 14, 21, 24 to 26: Form 16, the 14-day period, traverse, verification, set-off and tender.
Read the answer → No. 57What Is a Reply?
The reply in the PNG National Court under Order 8 Rules 5, 6 and 22: when it is needed, Form 17, joinder of issue, and why nothing follows a reply without leave.
Read the answer → No. 58What Happens if I Do Not Plead to an Allegation?
Deemed admissions under Order 8 Rule 21 of the PNG National Court Rules 1983: traverse by denial or non-admission, the damages exception, disabled persons, and joinder of issue.
Read the answer → No. 59What Are Particulars and How Do I Get Them?
Particulars in the PNG National Court under Order 8 Division 2: the general duty, fraud, condition of mind, negligence, personal injury claims, and orders for particulars.
Read the answer → No. 60Can a Pleading Be Struck Out?
Striking out a pleading in the PNG National Court under Order 8 Rule 27: the three grounds, evidence, partial striking out, leave to replead, and the alternatives in Order 12.
Read the answer → No. 61What Is a Cross-Claim?
Cross-claims in the PNG National Court under Order 8 Division 3: Forms 20 and 21, timing, service, directions, default, and contribution claims.
Read the answer → No. 62How Do I Bring a Third Party Into a Case?
Bringing a third party into PNG National Court proceedings by cross-claim under Order 8 Division 3, service on a stranger, Form 22, directions and contribution under the Wrongs Act.
Read the answer → No. 63How Do I Amend a Pleading?
Amendment of pleadings in the PNG National Court under Order 8 Division 4: amendment without leave, leave to amend, disallowance, the mode of amendment and service afterwards.
Read the answer → No. 64Can I Amend After the Limitation Period Expires?
Amendment after expiry of a limitation period in the PNG National Court under Order 8 Rule 53: the 14-day window, mistaken names, capacity, and new causes of action.
Read the answer → No. 65How Do I Discontinue a Proceeding?
Discontinuance and withdrawal in the PNG National Court under Order 8 Division 5: the three routes, the mode, the effect on a later action, and the stay to secure costs.
Read the answer → No. 66What Is Payment Into Court?
Payment into Court in the PNG National Court under Order 8 Division 6: bringing money in, notice of deposit, acceptance, non-disclosure, security and payment out.
Read the answer → No. 67What Are the Special Rules for Defamation Pleadings?
Defamation pleadings in the PNG National Court under Order 8 Division 7: particulars of publication and innuendo, fair comment, good faith, payment into Court and the statement in open Court.
Read the answer → No. 68What Is the Close of Pleadings?
Close of pleadings in the PNG National Court under Order 8 Rule 23: how the date is fixed, implied joinder of issue, and what rights end when pleadings close.
Read the answer →Discovery, interrogatories and admissions
Order 9: discovery and inspection of documents, privilege, interrogatories, notices to admit, medical examination and inspection of property.
What Is Discovery in the National Court?
Discovery in the PNG National Court under Order 9 of the National Court Rules 1983: notice for discovery, lists of documents, interrogatories, admissions and the limits on the process.
Read the answer → No. 70How Do I Get Discovery of Documents?
Obtaining discovery in the PNG National Court under Order 9 Rules 1 to 8: the notice for discovery, verification, co-defendants, general discovery and particular discovery.
Read the answer → No. 71What Is a List of Documents?
The list of documents in the PNG National Court under Order 9 Rule 6: Form 31, enumeration, privilege, documents no longer held, inspection and the solicitor’s certificate.
Read the answer → No. 72What Documents Are Privileged?
Privilege from production in the PNG National Court under Order 9 Rules 6, 13 and 16: legal professional privilege, self-incrimination, public interest immunity and how a claim is tested.
Read the answer → No. 73What Happens if a Party Does Not Give Discovery?
Default in discovery in the PNG National Court under Order 9 Rule 15: dismissal, striking out a defence, enforcement by committal, and the solicitor’s duty to notify.
Read the answer → No. 74What Are Interrogatories?
Interrogatories in the PNG National Court under Order 9 Division 2: notice in Form 34, the 14-day period, one notice only, limitation by the Court, and orders to answer.
Read the answer → No. 75How Do I Answer Interrogatories?
Answering interrogatories in the PNG National Court under Order 9 Rules 22 to 26: the statement, the three grounds of objection, insufficient answers, default and use at trial.
Read the answer → No. 76What Is a Notice to Admit Facts?
Notices to admit facts and documents in the PNG National Court under Order 9 Division 3: the 14-day rule, voluntary admissions, judgment on admissions and withdrawal by leave.
Read the answer → No. 77What Is a Notice to Produce Documents?
Notices to produce and inspection in the PNG National Court under Order 9 Rules 9 to 13: Form 32, the four-day response, orders for production, and production to the Court.
Read the answer → No. 78Can I Get Discovery From a Non-Party?
Obtaining documents from non-parties in the PNG National Court: discovery before suit under Order 3, summonses to produce under Order 11, and conduct money.
Read the answer → No. 79Can the Court Order a Medical Examination?
Medical examinations in the PNG National Court under Order 9 Division 4: the notice in Form 39, expenses, refusal and stay, orders for examination, and the exchange of reports.
Read the answer → No. 80Can the Court Order Inspection of Property?
Inspection of property in the PNG National Court under Order 9 Rules 44 to 46: the five kinds of order, entry on land, notice to affected persons, views by the Court, and default.
Read the answer →Interlocutory applications and injunctions
Notices of motion, interim injunctions and undertakings as to damages, freezing and search orders, interim preservation, receivers, security and the disposal of land under Order 14.
How Do I Get an Injunction in the National Court?
Obtaining an injunction in the PNG National Court: Order 14 Rule 9, applications before commencement, the notice of motion, service by telegram, and the Constitution section 155(4) power.
Read the answer → No. 82What Must I Prove to Get an Interim Injunction?
The test for an interlocutory injunction in Papua New Guinea: serious question, adequacy of damages, balance of convenience, undertaking and the duty of full disclosure.
Read the answer → No. 83What Is an Undertaking as to Damages?
The undertaking as to damages in the PNG National Court: what it is, why it is required, security for the undertaking, who gives it, and how it is enforced.
Read the answer → No. 84Can I Get an Injunction Without Notice?
Urgent ex parte applications in the PNG National Court under the Motions Rules: contacting the Registrar, the required documents, dispensation with service, return dates and setting aside.
Read the answer → No. 85What Is a Freezing Order?
Freezing orders in the PNG National Court: the source of the power, what must be shown, the standard safeguards, third parties such as banks, and enforcement.
Read the answer → No. 86What Is a Search Order?
Search orders in the PNG National Court: the source of the power in Order 9 Rule 44 and Order 14 Rule 10, what must be shown, safeguards, and the limits of a civil order.
Read the answer → No. 87How Do I Preserve Property Until Trial?
Interim preservation of property in the PNG National Court under Order 14 Division 2: detention and custody, funds paid into Court, sale of perishable property, interim distribution and income.
Read the answer → No. 88When Will the Court Appoint a Receiver?
Appointment of a receiver in the PNG National Court under Order 14 Division 3: security in Form 63, remuneration, accounts, powers, default and appointment before proceedings.
Read the answer → No. 89Can I Get an Interim Payment Before Trial?
Getting money before trial in the PNG National Court: judgment on admissions, summary judgment, interim distribution under Order 14, and payment into Court — and why there is no interim payment rule.
Read the answer → No. 90Can the Court Order the Sale of Land Before Trial?
Sale of land before trial in the PNG National Court under Order 14 Division 5: the power to order sale, conduct of the sale, reserve prices, certificates of sale, and mortgage, exchange or partition.
Read the answer → No. 91What Is a Stay of Proceedings?
Stays of proceedings in the PNG National Court: Order 12 Rule 40, security for costs, automatic stays, stays pending appeal, and the difference between a stay and a dismissal.
Read the answer → No. 92How Do I Set Aside an Interlocutory Order?
Setting aside interlocutory orders in the PNG National Court: the Motions Rules requirement to return to the same judge, grounds, the slip rule, and when an appeal is the only route.
Read the answer → No. 93What Is an Interpleader?
Interpleader in the PNG National Court under Order 14 Division 7: stakeholder relief, the Sheriff, the neutrality requirement, the Court’s powers and barring orders.
Read the answer → No. 94Can I Appeal an Interlocutory Order?
Appealing interlocutory orders of the PNG National Court: section 14 of the Supreme Court Act, when leave is required, the three exceptions, and the standard for interfering with a discretion.
Read the answer →Getting to trial, and the trial itself
Order 10 and Order 11: setting down, directions hearings, the conduct of a trial, assessment of damages, separate questions, subpoenas, depositions and affidavits.
How Is a Case Set Down for Trial?
Setting down for trial in the PNG National Court under Order 10 Division 1 and the Listings Rules 2005: Form 40, the six-week rule, endorsement by the other side, and dismissal for want of prosecution.
Read the answer → No. 96What Is a Directions Hearing?
The PNG National Court listings process under the Listings Rules 2005: mentions, directions hearings, pre-trial conferences, status conferences and the twenty-four-item checklist.
Read the answer → No. 97What Happens at a National Court Trial?
The conduct of a civil trial in the PNG National Court under Order 10 Division 2: the beginning party, opening and closing addresses, the election to call evidence, and judgment by direction.
Read the answer → No. 98What Is a Statement of Agreed and Disputed Facts?
The statement of agreed and disputed facts and legal issues in the PNG National Court: Schedule B to the Listings Rules 2005, its three parts, the pleadings book, and why it shortens trials.
Read the answer → No. 99Can a Question Be Decided Separately Before Trial?
Separate decision of questions in the PNG National Court under Order 10 Division 4: what counts as a question, stated cases, agreed results, and disposal of the proceedings.
Read the answer → No. 100How Are Damages Assessed?
Assessment of damages in the PNG National Court under Order 10 Division 3: setting down for assessment, continuing causes of action, proof, and the special position of the State.
Read the answer → No. 101How Do I Summon a Witness?
Summonses to give evidence in the PNG National Court under Order 11 Division 1: Forms 42 to 46, issue by the Registrar, conduct money, service, and setting a summons aside.
Read the answer → No. 102What Is a Summons for Production?
Summonses for production in the PNG National Court under Order 11 Rules 1 to 7: production by a non-party, delivery to the Registrar, receipts, conduct money and setting aside.
Read the answer → No. 103What Is Evidence by Deposition?
Evidence by deposition in the PNG National Court under Order 11 Division 2: orders for examination, examiners, letters of request, objections, authentication and default of a witness.
Read the answer → No. 104How Do I Prepare an Affidavit?
Affidavits in the PNG National Court under Order 11 Division 3: Form 50, paragraphs, signing every page, illiterate or blind deponents, alterations, annexures, filing and service.
Read the answer → No. 105Can a Witness Give Evidence From Overseas?
Evidence from witnesses overseas in the PNG National Court: examination before an examiner abroad, letters of request, translation, expenses and the mode of giving evidence.
Read the answer → No. 106What Happens if a Party Does Not Turn Up to Trial?
Absence from trial in the PNG National Court under Order 10 Rule 12: the three options, setting aside a verdict, the seven-day limit, and summary disposal under the Listings Rules.
Read the answer →Judgments and orders
Order 12: the form and entry of judgments, default judgment and how to set it aside, summary judgment, dismissal for want of prosecution, the slip rule and consent orders.
How Is a Judgment Entered?
Entry of judgments and orders in the PNG National Court under Order 12 Divisions 1 and 2: general relief, minutes, settlement by the Registrar, and time for compliance.
Read the answer → No. 108When Does a Judgment Take Effect?
When judgments and orders take effect in the PNG National Court under Order 12 Rule 3, time for compliance under Rule 4, and why the distinction matters for enforcement and appeal.
Read the answer → No. 109What Is Default Judgment?
Default judgment in the PNG National Court under Order 12 Division 3: the three defaults, liquidated demands, unliquidated damages, detinue, possession of land and mixed claims.
Read the answer → No. 110How Do I Get Default Judgment?
Obtaining default judgment in the PNG National Court under Order 12 Rules 32 to 36: proof of service, proof of default, general applications, judgment for costs alone, and other claims.
Read the answer → No. 111How Do I Set Aside a Default Judgment?
Setting aside a default judgment in the PNG National Court under Order 12 Rules 8 and 35: the two rules, regular and irregular judgments, what the affidavit must show, and terms.
Read the answer → No. 112What Is Summary Judgment?
Summary judgment in the PNG National Court under Order 12 Division 4: the two evidential requirements, the excluded claims, cross-claims, and judgment on admissions.
Read the answer → No. 113Can a Proceeding Be Dismissed for Want of Prosecution?
Dismissal for want of prosecution in the PNG National Court: Order 4 Rule 36, Order 10 Rule 5, the Listings Rules summary disposal procedure, and how to resist an application.
Read the answer → No. 114Can a Proceeding Be Dismissed as an Abuse of Process?
Dismissal under Order 12 Rule 40 of the PNG National Court Rules 1983: the three grounds, evidence, partial dismissal, the residue of proceedings, and the relationship with Order 8 Rule 27.
Read the answer → No. 115What Is the Slip Rule?
The slip rule in the PNG National Court under Order 8 Rule 59: clerical mistakes, accidental slips, what it cannot do, and the alternatives where the decision itself is wrong.
Read the answer → No. 116What Is a Consent Order?
Consent orders in the PNG National Court: where the Rules provide for consent, no appeal from a consent order, settlement terms, and consent orders in special cases.
Read the answer → No. 117Can I Get Interest on a Judgment?
Interest on judgments in the PNG National Court: Order 12 Rule 6, the 8% rate, interest on default judgments, pre-judgment interest and claiming it in the pleading.
Read the answer → No. 118What Is a Declaratory Judgment?
Declaratory judgments in the PNG National Court: Order 10 Rule 23, commencement by originating summons, declarations in judicial review, and their limits.
Read the answer → No. 119How Do I Get a Copy of a Judgment or Order?
Obtaining copies of judgments and orders in the PNG National Court under Order 12 Rule 22: certified and office copies, sealing, entry, service, and access by non-parties.
Read the answer → No. 120Can a Judgment Be Stayed Pending Appeal?
Stays pending appeal from the PNG National Court: why an appeal does not suspend a judgment, where to apply, what must be shown, and alternatives such as security.
Read the answer →Enforcing a judgment
Order 13: writs of execution, levy of property, garnishee proceedings, charging and stop orders, discovery in aid of enforcement, the Sheriff, and enforcing foreign judgments.
How Do I Enforce a National Court Judgment?
Enforcement of judgments in the PNG National Court under Order 13: the means available for money, land, goods and acts, and the requirement to serve the minute first.
Read the answer → No. 122What Is a Writ of Levy of Property?
Writs of levy of property in the PNG National Court under Order 13 Division 4: issue, the verifying affidavit, when leave is required, separate execution for costs and stays.
Read the answer → No. 123What Property Can Be Seized to Satisfy a Judgment?
Levy of property in the PNG National Court under Order 13 Division 4: what may be taken, the order of realisation, sale by public auction, notice of sale and the Sheriff’s account.
Read the answer → No. 124What Is a Garnishee Order?
Garnishee proceedings in the PNG National Court under Order 13 Division 7: leave, Form 60, bank accounts, attachment on service, payment into Court and the garnishee’s protection.
Read the answer → No. 125How Do I Garnishee Wages or a Bank Account?
Garnisheeing wages and bank accounts in the PNG National Court: the two-thirds cap on salary, deposit account conditions, the motion for payment, disputes and discharge of the garnishee.
Read the answer → No. 126What Is a Charging Order?
Charging orders in the PNG National Court under Order 13 Division 8: charges on a partnership interest, the procedure, service on partners, and stop orders over funds in Court.
Read the answer → No. 127What Is a Stop Order?
Stop orders over funds in Court in the PNG National Court under Order 13 Rule 67: who may apply, the two procedures, the prohibition on serving strangers, and costs.
Read the answer → No. 128How Do I Find Out What a Debtor Owns?
Discovery in aid of enforcement in the PNG National Court under Order 13 Division 2: examination before the Registrar, Form 57, the material questions, corporations and conduct money.
Read the answer → No. 129What Does the Sheriff Do?
The Sheriff’s role in the PNG National Court under Order 13 Division 6: executing process, poundage rates, suspension of execution, notice not to pay over money, and detention.
Read the answer → No. 130What Is a Sheriff’s Interpleader?
Sheriff’s interpleader in the PNG National Court under Order 13 Division 5: notice of claim in Form 59, admission by the execution creditor, the four-day period, and the Sheriff’s protection.
Read the answer → No. 131How Do I Enforce a Judgment for Possession of Land?
Enforcing a judgment for possession of land in the PNG National Court under Order 13 Rule 3: the writ of possession, leave, occupiers, and multiple defendants.
Read the answer → No. 132Can I Enforce a Foreign Judgment in Papua New Guinea?
Enforcing foreign judgments in Papua New Guinea under Order 13 Division 9 and the Reciprocal Enforcement of Judgements Act 1976: registration, the evidence required, and translation.
Read the answer → No. 133What Is Contempt of Court?
Contempt of court in the PNG National Court under Order 14 Division 6: contempt in the face of the Court, statement of charge, evidence by affidavit, personal service and arrest.
Read the answer → No. 134Can Someone Be Jailed for Not Obeying a Court Order?
Committal for contempt in the PNG National Court under Order 14 Rules 48 to 50: punishment, suspension on security, discharge before expiry, and the safeguards that must be met first.
Read the answer →Judicial review
Order 16: leave to apply, standing, delay, arguable case and exhaustion of remedies, the grounds of review, the substantive hearing, stay, and the relief available.
What Is Judicial Review?
Judicial review in the PNG National Court under Order 16 of the National Court Rules 1983: the prerogative orders, leave, declarations and injunctions, and Constitution section 155.
Read the answer → No. 136What Decisions Can Be Judicially Reviewed?
What may be judicially reviewed in Papua New Guinea: public power, tribunals, lower courts, and the boundary between public-law review and private-law claims.
Read the answer → No. 137How Do I Apply for Leave for Judicial Review?
Applying for leave for judicial review in the PNG National Court under Order 16 Rule 3: the originating summons, the statement, the affidavit, notice to the Secretary for Justice, and terms.
Read the answer → No. 138What Must I Show to Get Leave for Judicial Review?
The requirements for leave for judicial review in Papua New Guinea: sufficient interest, arguable case, delay, exhaustion of other remedies, and the terms the Court may impose.
Read the answer → No. 139Do I Have Standing to Bring Judicial Review?
Standing for judicial review in Papua New Guinea: the sufficient interest test in Order 16 Rule 3(5), who qualifies, and the wider gateway under Constitution section 57.
Read the answer → No. 140What Is the Time Limit for Judicial Review?
Time limits for judicial review in the PNG National Court under Order 16 Rule 4: the four-month period for certiorari, undue delay, and statutory time limits that override.
Read the answer → No. 141Must I Exhaust Other Remedies First?
Alternative remedies and judicial review in Papua New Guinea: Order 16 Rule 3(6), statutory appeals, internal review, and when review is nonetheless appropriate.
Read the answer → No. 142What Are the Grounds of Judicial Review?
Grounds of judicial review in Papua New Guinea: excess of jurisdiction, breach of natural justice, error of law, irrelevant considerations, improper purpose and unreasonableness.
Read the answer → No. 143What Is a Breach of Natural Justice?
Natural justice in Papua New Guinea: Constitution section 59, the right to be heard, bias, the duty to give reasons, and section 41 proscribed acts.
Read the answer → No. 144What Is Unreasonableness as a Ground of Review?
Unreasonableness as a ground of judicial review in Papua New Guinea: the Wednesbury standard, Constitution section 41 proscribed acts, and the limits of the ground.
Read the answer → No. 145What Happens at the Substantive Judicial Review Hearing?
The substantive judicial review hearing in the PNG National Court under Order 16 Rules 5, 6 and 9: the Notice of Motion, service, affidavits of service, and who may be heard.
Read the answer → No. 146What Orders Can the Court Make on Judicial Review?
Remedies on judicial review in the PNG National Court under Order 16 Rules 7 and 9: quashing, remitter, declarations, injunctions, damages, and conversion to a writ action.
Read the answer → No. 147Does Judicial Review Stay the Decision?
Stays and interim relief in PNG judicial review under Order 16 Rule 3(8): when leave operates as a stay, interim relief for other claims, and restrictions on orders against the State.
Read the answer → No. 148What Is Different About Judicial Review Against the State?
Judicial review against the State in Papua New Guinea: section 8 of the Claims By and Against the State Act 1996, the opportunity to be heard, the 60-day defence period, and Order 16 Rule 8(3).
Read the answer →Human rights proceedings
Order 23 and the Human Rights Rules: enforcing the Basic Rights under Constitution sections 57 and 58, who may apply, urgent applications, complaints from custody, and the Human Rights Track.
How Do I Bring a Human Rights Case?
Commencing human rights proceedings in the PNG National Court under Order 23: the three modes, Form 124, the Human Rights List, and the purpose of the Human Rights Rules.
Read the answer → No. 150What Are the Basic Rights I Can Enforce?
The Basic Rights enforceable in the PNG National Court under Order 23 Rule 5: the eighteen rights listed, their Constitution sections, and the related categories of proceeding.
Read the answer → No. 151Who Can Bring a Human Rights Proceeding?
Standing in PNG human rights proceedings under Order 23 Rule 6 and Constitution section 57: who may bring or appear, including representatives and interested bodies.
Read the answer → No. 152Can the Court Start a Human Rights Case Itself?
Court-initiated human rights proceedings in PNG under Order 23 Rules 8 and 9: the HROI file reference, Form 126, informal action in urgent cases, and Form 127 statements.
Read the answer → No. 153How Do I File a Human Rights Application?
Filing a human rights application in the PNG National Court under Order 23 Rule 7: Form 124, the HRA reference, free filing, identifying the right with precision, and requests to be placed on the List.
Read the answer → No. 154What Is the Human Rights Track?
The Human Rights Track in the PNG National Court under Order 23 Rules 3, 10 and 11: the Human Rights List, the Judge Administrator, listing decisions and directions.
Read the answer → No. 155Can I Complain About My Detention From Custody?
Complaints of unlawful or unreasonable detention in PNG under Constitution section 42(5) and Order 23 Rule 7(4): Form 125, where to lodge it, free filing, and the Court’s duty to inquire.
Read the answer → No. 156What Orders Can the Court Make to Enforce a Right?
Remedies for breach of Basic Rights in Papua New Guinea under Constitution section 57: orders and declarations, relief before infringement, adjournment of other proceedings, and additional jurisdiction.
Read the answer → No. 157Can I Get Compensation for a Breach of My Rights?
Compensation for breach of Basic Rights in Papua New Guinea under Constitution section 58: reasonable and exemplary damages, who is liable, the section 58(5) defence, and the section 5 notice.
Read the answer → No. 158What Is an Urgent Human Rights Application?
Urgent human rights applications in Papua New Guinea: informal enforcement under Order 23 Rule 8(3), the seven-day follow-up, Form 127 statements, and interim relief.
Read the answer → No. 159Do I Need a Lawyer for a Human Rights Case?
Acting without a lawyer in PNG human rights proceedings: Form 124, free filing, the Public Solicitor under Constitution section 177, and when a company must still be represented.
Read the answer → No. 160How Does a Human Rights Case Against Police Work?
Human rights claims against police in Papua New Guinea: Order 23 Rule 5(e), the rights usually engaged, who is liable under Constitution section 58, and the section 5 notice.
Read the answer →Suing the State
The Claims By and Against the State Act 1996: the six-month section 5 notice, service on the Solicitor-General, the extended time to defend, default judgment, the bar on execution, and how a judgment is actually paid.
How Do I Sue the State?
Suing the State in Papua New Guinea under the Claims By and Against the State Act 1996: the right to sue, the section 5 notice, service, the defence period, and enforcement.
Read the answer → No. 162What Is a Section 5 Notice?
The section 5 notice under the PNG Claims By and Against the State Act 1996: what it is, why it matters, how it is given, and what it must contain.
Read the answer → No. 163What Is the Time Limit for a Section 5 Notice?
The six-month period for a section 5 notice in Papua New Guinea: when it runs from, the contract exception, extensions, and how it differs from a limitation period.
Read the answer → No. 164Can a Late Section 5 Notice Be Allowed?
Extending the section 5 notice period in Papua New Guinea: who may extend it, the sufficient cause test, what to put in the application, and Order 23 Rule 5(j).
Read the answer → No. 165Who Do I Give the Section 5 Notice To?
Who receives a section 5 notice in Papua New Guinea: the two officers named in the Act, the permitted methods of delivery, the statutory hours, and proving it was given.
Read the answer → No. 166How Do I Serve Court Documents on the State?
Service of process on the State in Papua New Guinea under section 7 of the Claims By and Against the State Act 1996: the two officers, the two methods, the hours, and proving service.
Read the answer → No. 167How Long Does the State Have to File a Defence?
The State’s time to file a defence in Papua New Guinea under section 9 of the Claims By and Against the State Act 1996: the four periods, extensions, and the effect on default judgment.
Read the answer → No. 168Can I Get Default Judgment Against the State?
Default judgment against the State in Papua New Guinea under section 12(3) of the Claims By and Against the State Act 1996: the debt-only exception, the longer default period, and proof of service.
Read the answer → No. 169Can I Get Exemplary Damages Against the State?
Exemplary damages against the State in Papua New Guinea: the section 12(1) threshold, the Constitution section 58 entitlement, and suing the individual officer instead.
Read the answer → No. 170Can I Execute a Judgment Against the State?
Why execution does not lie against the State in Papua New Guinea, what section 13 provides instead, and the contrasting position where the State is the judgment creditor.
Read the answer → No. 171How Is a Judgment Against the State Paid?
Satisfaction of a judgment against the State in Papua New Guinea under section 14 of the Claims By and Against the State Act 1996: the certificate, the 60 days, instalments, and remedies for delay.
Read the answer → No. 172Can I Get Security for Costs When the State Is a Party?
Security for costs in Papua New Guinea where the State is a party: section 10 of the Claims Act, Order 14 Rule 25 of the National Court Rules, and the saving in Rule 28.
Read the answer →Mediation and ADR
The Alternative Dispute Resolution Rules 2022: referral to mediation, accredited mediators, what happens at a mediation, confidentiality, costs, settlement and the consequences of not turning up.
What Are the ADR Rules 2022?
The Alternative Dispute Resolution Rules 2022 in Papua New Guinea: their statutory basis, structure, the forms of ADR they recognise, and how they changed National Court practice.
Read the answer → No. 174Can the Court Order Me to Go to Mediation?
Court-ordered mediation in Papua New Guinea: section 7B of the National Court Act, Order 2 of the ADR Rules 2022, the ten grounds for dispensation, and how to apply for leave.
Read the answer → No. 175What Happens at a Court-Ordered Mediation?
The mediation process in the PNG National Court under Order 2 of the ADR Rules 2022: timing, who must attend, the parties’ duties, lawyers’ duties, and the mediator’s certificate.
Read the answer → No. 176Who Can Be a Mediator?
Who may act as a mediator in Papua New Guinea under the ADR Rules 2022: accreditation, the fit and proper person test, practising certificates, and internal and external mediators.
Read the answer → No. 177How Does a Mediator Get Accredited?
Accreditation of mediators in Papua New Guinea under Order 3 of the ADR Rules 2022 and Schedule 1: the application, the two bodies, the training requirements, and continuing accreditation.
Read the answer → No. 178What Duties Does a Mediator Owe?
The duties of a mediator in Papua New Guinea under Order 4 of the ADR Rules 2022: integrity, competence, diligence, conflict of interest, power and safety, and procedural fairness.
Read the answer → No. 179Is What I Say at Mediation Confidential?
Confidentiality and admissibility in PNG mediation under Order 2 Rules 12 and 14 of the ADR Rules 2022, section 7C(2) of the National Court Act, and the mediator’s duties under Order 4 Rule 10.
Read the answer → No. 180What Happens If the Mediation Succeeds?
Successful mediation in the PNG National Court: the written agreement, the mediator’s certificate, enforcement under Order 2 Rule 13 of the ADR Rules 2022, and consent orders under section 7D(3).
Read the answer → No. 181What Happens If the Mediation Fails?
When mediation does not settle a PNG National Court case: the mediator’s certificate, Order 2 Rule 3(8), section 7D(4) of the National Court Act, and termination under Order 4 Rule 15.
Read the answer → No. 182What Happens If I Do Not Attend the Mediation?
Consequences of failing to attend or participate in a court-ordered mediation in Papua New Guinea: bad faith certificates and the orders available under Order 2 Rule 11 of the ADR Rules 2022.
Read the answer → No. 183Who Pays for the Mediation?
The cost of court-ordered mediation in Papua New Guinea: the Schedule 3 processing fee, external mediators’ fees under Order 2 Rule 7, internal mediation, and refunds.
Read the answer → No. 184Can a Mediator Be Disciplined?
Discipline of mediators in Papua New Guinea under Order 5 of the ADR Rules 2022: complaints, the Complaints Officer, the Complaints Authority, the penalties, and appeals.
Read the answer →The Commercial List
Order 10A: what qualifies as a commercial cause, entry on the List, case management and the shortened timetable.
What Is the Commercial List?
The Commercial List of the PNG National Court under Order 10A: its purpose, the Commercial List Judge and Clerk, the COMM file reference, and how the list differs from the ordinary civil track.
Read the answer → No. 186What Cases Go on the Commercial List?
Which proceedings qualify for the PNG National Court Commercial List under Order 10A Rule 8 and Rule 9: the K500,000 threshold, the fifteen categories, and the exclusions.
Read the answer → No. 187How Do I Get a Case onto the Commercial List?
Applying to have a case listed on the PNG National Court Commercial List: Order 10A Rules 10 to 14, the listing statement in Schedule A, the draft order, and the respondent’s obligations.
Read the answer → No. 188How Is a Commercial List Case Managed?
Case management on the PNG National Court Commercial List: Order 10A Rules 15 to 20, the twelve heads of direction, informal pleading, restricted discovery, and the Schedule B order.
Read the answer → No. 189What Are the Time Limits on the Commercial List?
The Commercial List timetable in the PNG National Court under Order 10A Schedule B: expert reports, statements of evidence, document tender, supplementary discovery, and the pre-trial filings.
Read the answer → No. 190Can a Case Be Removed from the Commercial List?
Removal from the PNG National Court Commercial List under Order 10A Rules 21 to 24: the 14-day right, the Judge’s discretion, the effect of removal, and the grounds.
Read the answer →Election petitions
The Election Petition Rules 2017 and the Organic Law on National and Local-level Government Elections: the 40-day limit, the security deposit, the requisites of a petition, objections to competency, directions, trial and review.
How Do I File an Election Petition?
Filing an election petition in the PNG National Court under the Election Petition Rules 2017 and Part XVIII of the Organic Law: where to file, the fee, the security deposit, and the respondents.
Read the answer → No. 192What Is the Time Limit for an Election Petition?
The 40-day time limit for an election petition in Papua New Guinea under section 208(e) of the Organic Law, why it cannot be extended, and the other deadlines that follow filing.
Read the answer → No. 193What Must an Election Petition Contain?
The requisites of an election petition in Papua New Guinea under section 208 of the Organic Law and Form 1 of the Election Petition Rules 2017: facts, relief, signature and attestation.
Read the answer → No. 194What Security Deposit Is Required for an Election Petition?
The K5,000 security deposit for an election petition in Papua New Guinea under section 209 of the Organic Law and Rule 7 of the Election Petition Rules 2017 — and how it is paid out.
Read the answer → No. 195What Are the Grounds for an Election Petition?
Grounds for an election petition in Papua New Guinea: sections 215 and 218 of the Organic Law, illegal practices under section 178, and the “likely to be affected” threshold.
Read the answer → No. 196How Is an Election Petition Served?
Service of an election petition in Papua New Guinea under Rules 8 to 11 of the Election Petition Rules 2017: the 14 days, deemed service, the newspaper notice, and the affidavit of service.
Read the answer → No. 197What Is an Objection to Competency in an Election Petition?
Objections to competency in PNG election petitions: Rule 12 of the Election Petition Rules 2017, section 210 of the Organic Law, the common grounds, and how Rule 22 limits them.
Read the answer → No. 198What Happens at an Election Petition Directions Hearing?
The directions hearing in a PNG election petition under Rule 13 of the Election Petition Rules 2017: timing, attendance, and the twelve matters the Judge Administrator considers.
Read the answer → No. 199What Happens at an Election Petition Trial?
The trial of an election petition in Papua New Guinea: Rule 16 of the Election Petition Rules 2017, the pre-trial and status conferences, section 212 powers, and sections 214 and 217 to 219.
Read the answer → No. 200What Orders Can the Court Make on an Election Petition?
Orders available on a PNG election petition under section 212 of the Organic Law, the effect of a decision under section 226, and the automatic voiding under section 215(1).
Read the answer → No. 201Can an Election Petition Be Withdrawn?
Withdrawing an election petition in Papua New Guinea: the absence of any discontinuance provision in the Organic Law and the Election Petition Rules 2017, and the routes that do exist.
Read the answer → No. 202Who Pays the Costs of an Election Petition?
Costs in a PNG election petition: sections 223 to 225 of the Organic Law, Rules 19 and 20 of the Election Petition Rules 2017, the costs scale, and review of taxation.
Read the answer → No. 203Can I Review an Election Petition Decision?
Challenging an election petition decision in Papua New Guinea: section 220 of the Organic Law, the privative effect, and Supreme Court review under Constitution section 155(2)(b).
Read the answer → No. 204Do I Need a Lawyer for an Election Petition?
Legal representation in PNG election petitions: section 222 of the Organic Law, leave and consent, the directions hearing, and what a self-represented petitioner must still do.
Read the answer →Criminal practice in the National Court
The Criminal Practice Rules 2022: how a criminal case reaches the National Court, indictments and arraignment, pre-trial reviews, bail, trial and sentencing procedure, and the fraud and corruption track.
What Happens When a Criminal Case Reaches the National Court?
How a criminal case starts in the PNG National Court under Order 2 of the Criminal Practice Rules 2022: the four modes of commencement, opening the file, and the first mention.
Read the answer → No. 206What Is an Indictment?
Indictments in the PNG National Court under Order 2 Division 4 of the Criminal Practice Rules 2022: the form, the statement of offence, counts and alternatives, amendment, and quashing.
Read the answer → No. 207What Happens at Arraignment?
Arraignment in the PNG National Court under the Criminal Practice Rules 2022: presentation of the indictment, the plea, applications before plea, and what follows each plea.
Read the answer → No. 208What Is a Pre-Trial Review in a Criminal Case?
Pre-trial reviews in PNG criminal cases under Order 6 of the Criminal Practice Rules 2022: the prosecution and defence statements, attendance, further applications, and section 552 applications.
Read the answer → No. 209How Do I Apply for Bail in the National Court?
Bail in the PNG National Court: Constitution section 42(6), sections 4, 6, 9 and 13 of the Bail Act (Chapter 340), the nine grounds of refusal, and further applications.
Read the answer → No. 210What Happens at a National Court Criminal Trial?
The conduct of a criminal trial in the PNG National Court under the Criminal Practice Rules 2022: admissions, alibi notice, objections to evidence, voir dire, exhibits and the verdict.
Read the answer → No. 211What Happens at Sentencing?
Sentencing in the PNG National Court under Order 11 of the Criminal Practice Rules 2022: antecedents, allocutus, pre-sentence reports, pre-sentence custody, submissions and the order as to sentence.
Read the answer → No. 212What Are the Fraud and Corruption Rules?
The fraud and corruption regime in the PNG National Court: Order 4 of the Criminal Practice Rules 2022, the FC List, Schedule 2 offences, and the history of the 2013 Rules.
Read the answer → No. 213How Are Fraud and Corruption Cases Managed?
Case management of fraud and corruption cases in the PNG National Court under Order 4 Division 2 of the Criminal Practice Rules 2022: mentions, the directions hearing, and the four-month trial target.
Read the answer → No. 214Can I Appeal a Conviction or Sentence?
Appealing a criminal conviction or sentence in Papua New Guinea: Order 12 of the Criminal Practice Rules 2022, appeals to the National Court, review under Constitution section 155(3)(a), and appeals to the Supreme Court.
Read the answer → No. 215What Is a No-Case Submission?
No-case submissions in the PNG National Court: Order 7 Rule 7 of the Criminal Practice Rules 2022, when the submission is made, and how it differs from a demurrer or a stay.
Read the answer → No. 216Can a Criminal Case Be Stayed as an Abuse of Process?
Stays and abuse of process in PNG criminal proceedings: Constitution section 37, section 552 applications, the four-month reporting duty, and the Court’s inherent power.
Read the answer →Probate and administration
Order 19: applying for probate or letters of administration, resealing, caveats, citations, revocation of a grant, and the administration of small estates.
How Do I Apply for Probate?
Applying for probate in the PNG National Court under Order 19 of the National Court Rules 1983: the summons in Form 70, the newspaper notice, the Registrar’s powers and delay.
Read the answer → No. 218What Are Letters of Administration?
Letters of administration in Papua New Guinea under Order 19 Rule 25 of the National Court Rules: the evidence required, consents of others entitled, the administration bond and sureties.
Read the answer → No. 219What Documents Do I Need to Apply for Probate?
The documents required for a probate application in Papua New Guinea under Order 19 Rule 24 of the National Court Rules 1983, including the forms, the marking of the will, and renunciation.
Read the answer → No. 220What Is Resealing a Foreign Grant?
Resealing a foreign grant of probate or letters of administration in Papua New Guinea under Order 19 Rule 27 of the National Court Rules 1983: the evidence, the bond, and the documents required.
Read the answer → No. 221What Is a Caveat in Probate?
Probate caveats in Papua New Guinea under Order 19 Division 10 of the National Court Rules 1983: the two kinds, duration, withdrawal, and orders that a caveat cease to be in force.
Read the answer → No. 222What Is a Citation in Probate?
Citations in PNG probate under Order 19 Division 9 of the National Court Rules 1983: the three kinds, how they issue, service, time to answer, and electing to be a defendant.
Read the answer → No. 223How Do I Challenge a Will?
Challenging a will in Papua New Guinea: caveats for solemn form, contentious proceedings under Order 19 Division 6, revocation of a grant under Division 7, cross-claims and intervention.
Read the answer → No. 224What Is Administration of a Small Estate?
Administration of small estates in Papua New Guinea under Order 19 Division 13 of the National Court Rules 1983: applying to a Distributor, the fees, and challenging a Distributor’s act.
Read the answer →Appeals and review
Order 18 appeals to the National Court from lower courts and from taxation decisions, and appealing from the National Court to the Supreme Court.
How Do I Appeal to the National Court from a Lower Court?
Appealing to the PNG National Court from the District Court or a statutory tribunal under Order 18 Division 1A of the National Court Rules 1983: the Appeals List, file references, and the stages.
Read the answer → No. 226What Is the Time Limit for an Appeal to the National Court?
Time limits and conditions precedent on appeals to the PNG National Court: where they come from, the OS (App) application under Order 18 Division 1A, and summary determination for non-compliance.
Read the answer → No. 227How Is an Appeal to the National Court Conducted?
Conducting an appeal in the PNG National Court under Order 18 Division 1A: the Appeal Book, transcripts, fresh evidence, the pre-hearing and status conferences, and the hearing.
Read the answer → No. 228What Is a Taxation Appeal?
Taxation appeals in the PNG National Court under Order 18 Division 2 of the National Court Rules 1983: forwarding an objection, appeals from the Review Tribunal, and references of questions of law.
Read the answer → No. 229How Do I Appeal from the National Court to the Supreme Court?
Appealing from the PNG National Court to the Supreme Court: sections 4, 6, 14, 17, 18 and 19 of the Supreme Court Act (Chapter 37) and the Supreme Court Rules 2012.
Read the answer →Costs
Order 22: who pays, party and party costs, solicitor and client and indemnity costs, taxation, the costs of interlocutory applications, and security for costs.
Who Pays the Costs of a National Court Case?
Costs in the PNG National Court under Order 22 of the National Court Rules 1983: the general rule, when an order is needed, the specific costs rules, and the bases of taxation.
Read the answer → No. 234What Are Party and Party Costs?
Party and party costs in the PNG National Court under Order 22 Rule 24 of the National Court Rules 1983: the test, the small-amount rule, second counsel, and the scale.
Read the answer → No. 235What Are Solicitor and Client Costs?
Solicitor and client costs in Papua New Guinea under Order 22 Rules 34 and 35 of the National Court Rules 1983: what is allowed, client approval, unusual costs, and disabled clients.
Read the answer → No. 236When Will the Court Order Indemnity Costs?
Indemnity costs in Papua New Guinea: what Order 22 of the National Court Rules 1983 actually provides, the solicitor and client basis, and the express power in the ADR Rules 2022.
Read the answer → No. 237How Are Costs Taxed?
Taxation of costs in the PNG National Court under Order 22 Divisions 3 and 4 of the National Court Rules 1983: the application, the hearing, the taxing officer’s powers, and the certificate.
Read the answer → No. 238What Is a Bill of Costs?
The bill of costs in the PNG National Court under Order 22 Rule 49 of the National Court Rules 1983: contents, columns, clerks, unpaid disbursements, amendment and endorsement.
Read the answer → No. 239Can I Object to a Bill of Costs?
Objecting to a bill of costs in the PNG National Court: attending the taxation, review under Order 22 Rules 60 and 61 of the National Court Rules 1983, and the limits on a review.
Read the answer → No. 240Who Pays the Costs of an Interlocutory Application?
Costs of interlocutory applications in the PNG National Court: Order 22 Rules 5, 12, 13, 14 and 22 of the National Court Rules 1983, and costs orders payable immediately.
Read the answer → No. 241What Is Security for Costs?
Security for costs in the PNG National Court under Order 14 Division 4 of the National Court Rules 1983: the four grounds, the manner of giving security, and failure to comply.
Read the answer → No. 242When Will the Court Order Security for Costs?
Obtaining security for costs in the PNG National Court: making the application under Order 14 Rule 25, the evidence required, quantum, timing and resisting an order.
Read the answer → No. 243Can a Lawyer Be Ordered to Pay Costs Personally?
Personal costs orders against lawyers in Papua New Guinea under Order 22 Rule 65 of the National Court Rules 1983, and the taxing officer’s powers under Rules 56 and 57.
Read the answer → No. 244Do I Get My Costs If I Win Against the State?
Costs against the State in Papua New Guinea: section 11 of the Claims By and Against the State Act 1996, no execution under section 13, and satisfaction through the section 14 certificate.
Read the answer →Other jurisdictions of the Court
Habeas corpus under Order 17, discovery before suit under Order 3, administration and trusts, infants and families, admiralty, arbitration, and contempt of court.
What Is Habeas Corpus?
Habeas corpus in Papua New Guinea under Order 17 of the National Court Rules 1983: what the writ does, the forms, the return, the hearing, and the exclusion of the Bail Act.
Read the answer → No. 246How Do I Apply for Habeas Corpus?
Applying for a writ of habeas corpus in Papua New Guinea under Order 17 Rules 1 to 3 of the National Court Rules 1983: the summons, the affidavit, infants, and refusal.
Read the answer → No. 247What Is Discovery Before Suit?
Discovery before suit in Papua New Guinea under Order 3 of the National Court Rules 1983: the three conditions, the orders available, procedure, conduct money and costs.
Read the answer → No. 248How Does the Court Supervise Trusts and Estates?
Administration and trusts in the PNG National Court under Order 15 of the National Court Rules 1983: relief without general administration, parties, and the Court’s supervisory orders.
Read the answer → No. 249What Is an Admiralty Proceeding?
Admiralty proceedings in the PNG National Court under Order 21 of the National Court Rules 1983: actions in rem, arrest, caveats, preliminary acts, limitation actions and sale.
Read the answer → No. 250How Does Arbitration Work Under the National Court Rules?
Court-referred arbitration in Papua New Guinea under Order 14 Division 8 of the National Court Rules 1983: notice, the award, remuneration, service, and setting aside.
Read the answer → No. 251How Does the National Court Deal with Children?
Children in the PNG National Court under Order 20 of the National Court Rules 1983: custody and guardianship applications, adoption orders, dispensing with notice and consent.
Read the answer → No. 252What Is a Testator’s Family Maintenance Claim?
Testator’s family maintenance in Papua New Guinea under Order 20 Division 4 of the National Court Rules 1983: parties, the summons for directions, and endorsement on the grant.
Read the answer →Practical questions
What it costs, how long it takes, whether you need a lawyer, appearing for yourself, adjournments, transcripts, court dress and conduct, and where to get help.
What Does It Cost to Run a National Court Case?
The cost of a National Court case in Papua New Guinea: court fees, legal fees, disbursements, the risk of adverse costs, and the specific costs rules that apply.
Read the answer → No. 254How Long Does a National Court Case Take?
How long a case takes in the PNG National Court: the Rules’ timetables, the listing process under Order 10 Rule 9A, mediation, and the specialist tracks with their own targets.
Read the answer → No. 255Do I Need a Lawyer in the National Court?
Whether you need a lawyer in the PNG National Court: representation of corporations, election petitions, criminal matters, and where to get help.
Read the answer → No. 256Can I Represent Myself in the National Court?
Representing yourself in the PNG National Court: the protections in Order 1, address for service, the practical requirements, and the limits.
Read the answer → No. 257How Do I Get an Adjournment?
Adjournments in the PNG National Court: the discipline in the Rules, who bears the costs, the consequences of not appearing, and how to make the application.
Read the answer → No. 258How Do I Get a Transcript of Proceedings?
Obtaining a transcript in the PNG National Court: searches under Order 2 Rule 16, the appellant’s obligations under Order 18, certification, and where transcripts are required.
Read the answer → No. 259How Should I Behave in the National Court?
Conduct in the PNG National Court: attendance, the open court principle, scandal in documents, contempt, and the standards the Rules set for parties and lawyers.
Read the answer → No. 260Where Can I Get Free Legal Help?
Free and low-cost legal help in Papua New Guinea: the Public Solicitor, free filing of human rights proceedings, fee-free criminal applications, internal mediation and Registrar assistance.
Read the answer →Acts are amended, and figures and time limits change. Every article names the sections it relies on so you can read them. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.