Supreme Court (Amendment No.1) Rules 2013

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PURSUANT to Section 184 of the Constitution and all other powers thereunto enabling the Rules of the Supreme Court of Justice 2012 are amended by the provisions hereunder. These amending Rules shall be deemed to have come into force on 19 December 2012.

Chief Justice, Sir Salamo Injia, Kt
Deputy Chief Justice, Gibbs Salika, CSM, OBE
Justice Bernard Sakora, CBE, CSM
Justice Nicholas Kirriwom
Justice Les Gavara-Nanu, OBE, CSM
Justice Ambeng Kandakasi
Justice Ellenas V Batari, MBE
Justice Salatiel Lenalia
Justice Catherine Anne Davani
Justice Panuel Mogish
Justice David Lionel Cannings
Justice George Manuhu
Justice Kingsley Allen David
Justice Sao Gabi
Justice Derek Hartshorn, ML
Justice Joseph Yagi
Justice Colin Makail
Justice Ere Kariko, MBE
Justice Don Sawong, MBE
Justice John Kawi
Justice Stephen Kassman
Justice Jacinta Murray
Justice Berna Joan Collier
Justice John Alexander Logan AO
Justice Goodwin Poole

COLUMN 1	COLUMN 2
Order 3, Rule 3 delete "of the fact"	Insert "of fact"
Order 4, Rule 12(a) delete "form 15 or 6"	Insert "Form 6 or 14"
Order 4, Rule 16(a) delete "17"	Insert "20(c)"
Order 4, Rule 16(b) delete "18"	Insert "17(a)"
Order 4, Rule 20 delete "15"	Insert "19"
Order 5, Rule 2 delete "aided"	Insert "represented"
Order 5, Rule 2 delete "Schedule Two"	Insert "Second Schedule"
Order 5, Rule 35 delete "27(h)"	Insert "34(h)"
Order 5, Rule 39	Insert after the words "The Court" the words "or a Judge"
Order 6, Rule 3(e) delete "law officer"	Insert "Law Officer"
Order 7, Rule 5 delete "10"	Insert "11"
Order 7, Rule 10 delete "8"	Insert "9"
Order 7, Rule 21 delete "19"	Insert "20"
Order 7, Rule 22 "delete "19"	Insert "20"
Order 7, Rule 23 delete "21"	Insert "22"
Order 7, Rule 26 delete "serve and file"	Insert "file and serve"
Order 7, Rule 44 delete "Order 13"	Insert "Order 13, Rule 7(2)"
Order 7, Rule 57 delete "60"	Insert "55"
Order 9, Rule 7 delete "7"	Insert "6"
Order 10, Rule 3 delete "8"	Insert "9"
Order 10, Rule 4(b) delete "61, 62, 63, 64"	Insert "56, 57, 58, 59"
Order 10, Rule 4(c) delete "5" and "10"	Insert "6" and "11"
Order 11, Rule 12(2) delete "sub-rule (a)"	Insert "sub-rule (1)"
Order 11, Rule 13 delete "case"	Insert "submission"
Order 11, Rule 19(b) delete "Rule 43, sub-rule (a)"	Insert "Rule 43(1)"
Order 12, Rule 12(1) delete "Div 3"	Insert "Division 2, sub-division 14"
Order 12 Division 22 [the heading] delete "Discontinuance"	Insert "Discontinuance and Withdrawal"
Order 12, Rule 22(1) delete "discontinues"	Insert "discontinues or withdraws"
Order 12, Rule 29(2) delete "Schedule 1"	Insert "the Fourth Schedule"
Order 13, Rule 8 in the last sub-rule delete the number (5) and the letters (a) and (b)	Insert the letter (e) and the numerals (i) and (ii)
FORMS
First Schedule, Form 1, delete "Reference" thrice appearing	Insert "Application" thrice appearing
First Schedule, Form 1, item 5 delete the words "action must be commenced in the National Court and the facts found"	Insert "the Court may, in accordance with Order 3, Rule 3, direct a Judge to find the facts"
First Schedule, Form 1, item 6 delete "applicant"	Insert "person making the application"
First Schedule, Form 4 delete "O 4 Rule 22(d)"	Insert "O 4 Rule 22(d), O 7 Rule 1(a)"
First Schedule, Form 5A delete "O 5 Rule 22(d)"	Insert "O 5 Rule 10(f)"
First Schedule, Form 5B delete "O 5 Rule 12(e)"	Insert "O 5 Rule 19(e)"
First Schedule, Form 5C delete "O 5 Rule 19"	Insert "O 5 Rule 26"
First Schedule, Form 5C delete "NOTICE OF APPEARANCE IN REVIEW" AND "GENERAL FORM OF NOTICE OF APPEARANCE"	Insert "FORM OF NOTICE OF APPEARANCE IN REVIEW"
First Schedule, Form 5D delete "O 5 Rule 28"	Insert "O 5 Rule 35"
First Schedule, Form 6 delete "O 5 Rule 2(d)"	Insert "O 6 Rule 3(d)"
First Schedule, Form 7	Insert after "O 7 Rule 4" the words "O 10 Rule 5"
First Schedule, Form 8 delete "O 7 Rule 8(e)"	Insert "O 7 Rule 9(e)"
First Schedule, Form 9	Insert "O 7 Rule 15(a)"
First Schedule, Form 10 delete "O 7 Rule 27(f)"	Insert "O 7 Rule 28(f)"
First Schedule, Form 11 delete "O 7 Rule 55(a)"	Insert "O 7 Rule 50(a)"
First Schedule, Form 13 delete "question arises"	Insert "the question arose in"
First Schedule, Form 14 delete "O 4 Rule 11" and "O 9 Rule 8"	Insert "O 4 Rule 12" and "O 9 Rule 7"
Fourth Schedule, Part 2 delete the symbol "(@" wherever it appears

In relation to the question put to the Court by the applicant/referrer this respondent:

To:
Appellant/Lawyer:
Respondent/Lawyer:
(Heading in the matter)
Take note that the above described matter is listed for Directions Hearing before a Judge of the Supreme Court at _________________ (Courthouse) at ____ am/pm on the ______ day of _________ 20 ____.

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 Section 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 Order 11, Rules 10 and 11.

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

ORDERED:

(1) 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;

(2) The appeal book is correct/not correct;

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

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

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

(6) 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

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

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).

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 _____am/pm 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 Section 11 of the Supreme Court Act or Order 7, Rule 48 of the Supreme Court Rules.

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

To:	Messrs _________________________________
	(name of Appellant or his/her lawyer & address)
Copy to:	Messrs _________________________________
	(name of respondent or his/her lawyer & address)

Title of appeal/matter	:
Date	:
Coram	:

Papua New Guinea Court Rules

Supreme Court (Amendment No.1) Rules 2013