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Supreme Court Listings Rules 2010

Papua New Guinea


SUPREME COURT OF JUSTICE


SUPREME COURT LISTINGS RULES


Pursuant to s.184 of the Constitution and s.41 of the Supreme Court Act Chapter 75 and all other powers thereunto enabling, the following rules prescribing the practice and procedure of the Supreme Court of Justice relating to the conduct of listings shall commence operation on a date prescribed in these Rules.


These Rules are in addition to and form part of the procedure and pre-hearing preparation and listing of cases for hearing contained in the Supreme Court Rules.


Dated and signed by the Judges on this 29th day of October 2010.


Chief Justice, Sir Salamo Injia, Kt.


Deputy Chief Justice, Gibbs Salika,
CSM, OBE
Justice David Cannings


Justice Bernard Sakora, CBE, CSM
Justice George Manuhu


Justice Mark Sevua, CBE
Justice Kingsley Allen David


Justice Nicholas Kirriwom
Justice Sao Gabi


Justice Les Gavara-Nanu, OBE, CSM
Justice Derek Hartshorn, ML


Justice Ambeng Kandakasi
Justice Joseph Yagi


Justice Ellenas V. Batari, MBE
Justice Collin Makail


Justice Salatiel Lenalia
Justice Ere Kariko, MBE


Justice Catherine Davani
Justice Graham Ellis,


Justice Panuel Mogish
Justice Don Sawong, MBE



Justice John Kawi

Order 13


The Supreme Court Rules are amended by inserting the following:


Order 13 – Listings Rules 2010


Purpose


The purpose of these Rules is to prescribe procedures for the listing of all matters in the Supreme Court with the establishment of a Supreme Court General List with listing of matters to be coordinated by the Registrar Supreme Court and to be conducted by a Judge(s) assigned by the Chief Justice.


These Rules are a consolidation of all previous Practice Directions and Notes issued by the Registrar between 1983 to 2010 in relation to call over and listing of all Supreme Court cases. Upon commencement of these Rules, those Practice Directions and Notes cease to apply.


These Rules are in addition to other provisions of the Supreme Court Rules relating to pre-hearing preparation and setting down of cases for hearing. These Rules are intended to improve the disposition of Supreme Court matters in a timely, fair and economical manner. Nothing in these Rules derogates from the time limitations imposed by any other Rule.


  1. Interpretation

Unless the contrary intention appears:-

"Appeal" means an appeal to the Supreme Court.

"Appeal Book" means an appeal book described in O7 r43 or an application book as referred to in Rule 7;

"Appellant" means the party who filed the originating process (whether an appeal,

reference or application) in the Court;

"Application" means any application as provided for under the Supreme Court Rules, Supreme Court Act, the Constitution and any other legislation.

"Book" means an appeal, application or reference book of documents as required by Rule 7;

"Call Over List" means the list established by Rule 7(1);

"Circuit Calendar" means the annual circuit calendar for the year as determined by the Chief Justice;

"Directions List" means the list established by Rule 8(1);

"Duty Judge" means the Duty Judge for the month as determined by the Chief Justice and referred to in Rule 2;

"General List" means the list of all matters filed in the Supreme Court Registry;

"Hearing List" means the list of matters fixed for hearing in accordance with Rule 12(1)

"matter" means any appeal, application, review or other proceeding on the General List and includes any interlocutory application in respect of such matter;

"Objection/s" means an Objection to Competency;

"Rule" means a Rule in this Order;

"Status Conference" means the Status Conference to be held in accordance with Rule 10;

"Summary Determination" means an application to dismiss a matter;


  1. Duty Judge
  2. File Reference

Matters bearing the following file reference will be listed in the General List

SCA No............of
(year) -
Appeals and Applications for Leave to Appeal commenced by Notice of Appeal.



SCRA No...........of
(year) -
Criminal appeals.
SCM No.......... of
(year) -
Appeals commenced by Notice of Motion (Order 10 )
SCRev.No........ of
(year) -
Reviews commenced by application to review under s.155(2)(b) of the Constitution, civil, crime and elections.
SCRef. No........of
(year) -
Supreme Court referrals filed pursuant to ss.18 and 19 of the Constitution.
SCOS No..........of
(year) -
Supreme Court Originating Summons.
SCRes. No........of
(year) -
Reservations
SCAPP. No.......of
(year) -
Bail, appl. For extension of time to appeal, s57 human rights applications etc.

  1. Hearings

The Chief Justice will assign Judges to conduct hearings of the Court as may be determined in the Annual Circuit Calendar issued by the Chief Justice; and at such other times and places as the Chief Justice decides having regard to the volume of appeals and the urgency or importance of an issue to be decided.


  1. Senior Clerk

The Registrar shall assign staff to manage the General List and to perform the Registrar''s duties given under this Order, the Supreme Court Act and the Supreme Court Rules.


  1. The General List
  2. Call over List
(b) Directions List and Directions Hearing
  1. The Duty Judge shall refer the matter to the Status Conference.
  1. Further Directions Hearings

The Duty Judge may conduct further Directions Hearings in the circuit month and cases may then be fixed for hearing. Cases fixed for hearing at such subsequent Directions Hearings shall be added to the draft Hearing List


  1. Status Conference
  2. Status Conference Form

Upon completion of the Status Conference the Duty Judge''s Associate shall record a summary of the Status Conference in Form 10 ""B"" and shall place it on the Court file.


  1. The Hearing List
  2. Adjournments
  3. Urgent applications
  4. Applications

All applications for interlocutory orders must contain a concise statement of the Court''s jurisdiction to grant the orders being sought. With the exception of urgent applications, all other applications for interlocutory orders shall be made to the Duty Judge on a scheduled motions day.


  1. Summary Disposal

(1) The Court may summarily determine a matter:


(a) on application by a party; or

(b) on referral by a Judge; or

(c) on the Court''s own initiative; or

(d) upon referral by the Registrar in accordance with the procedure set out in sub rule (2) below or pursuant to s11 of the Supreme Court Act.

(2) Where the Registrar refers a matter to the Court for summary determination, the following procedure shall be followed:

Commencement of these Rules


These Rules shall commence operation on the date they are signed by the Judges.


  1. Repeal

Upon commencement of these Rules the Rules mentioned in the Schedule are repealed.


The Schedule


Order
Division
Rules
4
3
8, 15
7
18
42(e) and 48-51
11
14
29-30

FORM 10 "A"


012 Rule 8(5)(a) to (k)


(Title of proceedings)


NOTICE FOR DIRECTIONS HEARING


To:
Appellant/Lawyer:
Respondent/Lawyer:

(Heading in the matter)

Take note that the above described matter is listed for Directions Hearing before a of the Supreme Court at ________________(Court House) at ____a.m./p.m. on the______day of _________ 2010.


You are required to attend at the Directions Hearing to assist the Judge confirm that the matters listed below have been complied with or that parties have addressed them. These are;


(a) Legal representation.

(b) Grounds of appeal.

(c) Issues on appeal.

(d) Availability of Court or tribunal''s depositions including the trial Judge''s Reasons for decision.

(e) Typed transcript of the proceeding.

(f) Filing of Index to the Book and its certification.

(g) Any other issues in relation to the contents of the Book.

(h) Manner of presentation of arguments including directions as to when extract of submissions and submissions will be filed, in accordance with Order 11, Divisions 9 and 10.

(i) In relation to applications and objections, whether further directions should issue or whether they can be allocated hearing dates.

(j) Number of hearing days to be allocated for the substantive hearing of appeal.

(k) Issuing of directions under s.185 of the Constitution, where appropriate.

Where hearing date(s) have been allocated, the Judge will refer the matter to the Status Conference, to take place on a Monday before the Supreme Court week, to be conducted in accordance with Rule 10 and 11 of these Rules.


Dated this
day of
20.......

Issued by:


............................
Registrar


-----------------------------------------------------------------------------


FORM 10 "B"

STATUS CONFERENCE FORM
O12 r11

(To be completed by Duty Judge's associate after completion of the Status conference. Matters not applicable to be struck out.)


Title of appeal/matter
:
Date
:
Coram
:

ORDERED:


The parties have complied with ( not complied with) directions issued at the Directions Hearing in respect of the matters set out in Rule 10 of the Supreme Court Listing Rules;


The appeal book is correct/not correct;


The parties estimate the length of the hearing time of the appeal will be...;


The written submissions of the parties have been filed (or will be filed by .........) in accordance with the directions issued at the Status Conference;


The parties will have extracts of submission not exceeding 4 pages available for handing
up at the hearing of the appeal;


The date for the hearing of the matter will be.........;


OR


The matter is referred to the Registrar to institute the procedure for Summary Disposal;
Further Directions...


Associate


-----------------------------------------------------------------------------


FORM 10 "C"
O12 r 14(5)

SUPREME COURT REGISTRY

REGISTRAR'S REFERRAL FORM

(To be completed by Registrar, Deputy Registrar (SC) or in their absence Assistant Registrar (SC) only)


TO
: Chief Justice/Duty Judge
FROM
:
DATE
:
RE
SCA, SCAPP etc (file reference and name of parties):

________________________________________________________________________


I refer the above matter for (tick appropriate item):


..... Directions
..... Fixture of date and time for Mention/Hearing of Motion etc
..... Advice on point of law or procedure
..... Others


State action required and brief reasons:


________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

................. (Signature)

(Registrar/Deputy Registrar (SC)


FOR ENDORSEMENT BY CHIEF JUSTICE/DUTY JUDGE ONLY


DATE:


DIRECTIONS ISSUED/ACTION TAKEN

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

Chief Justice/Duty Judge


Action taken by Registrar in compliance with directions (Endorsement by Registrar/Deputy Registrar (SC) only)

________________________________________________________________________
________________________________________________________________________

Dated
this...........
day of
.............
20......
Registrar

NOTE: Complete Form in duplicate. Copy of Form to be placed in running file.


-------------------------------------------------------------------------------


FORM 10 "D"


O12 r16(2)(a)


Notice for Summary Determination


Date:


To:
Messrs _________________________________

(Name of Appellant or his/her lawyer & Address)
Copy to:
Messrs _________________________________

(Name of Respondent or his/her lawyer & Address)

Title of Matter: _______________________________


RE:
NOTICE TO SHOW CAUSE WHY YOUR MATTER SHOULD NOT BE SUMMARILY DISMISSED

I refer to the above matter and advise that this matter is listed for summary determination before the Supreme Court at _____ (name of Court house) at _____a.m/p.m. on the ______day of __________________ 20....../or before the Supreme Court on the sittings commencing on ________________ 20...... to ______________ 20......


The grounds or reasons are*:


1. ________________________


2. ________________________


3. ________________________


You are required to attend Court on the date and time fixed above and to show cause why your matter should not be summarily dismissed.


If you wish to give an explanation before appearing in Court, you may do so by letter delivered to the Registrar or by affidavit filed in the Court Registry at least 7 days before the date mentioned above.


Yours faithfully


..............................
Registrar


*Specify matters under s11 of the Supreme Court Act or O7 r53 of the Supreme Court Rules.

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