Nothing in the Supreme Court Act or the Rules requires a party to be represented. The Rules are drafted on the footing that a party may act in person, and several of them make specific provision for it.
Drafted for both
Order 7 Rule 9(f): the notice of appeal shall be signed by the appellant or his lawyer.
Order 5 Rule 4(f): an application to review shall be signed by the person seeking the review or his lawyer.
Order 6 Rule 3(e): a constitutional enforcement application shall be signed by the person or his lawyer or Law Officer making the application.
Order 11 Rule 16: a written submission must be signed by the legal practitioner or party presenting the argument.
Order 11 Rule 4(a)(iv) requires the address for service to be the lawyer’s office where a person is represented by a lawyer — which necessarily contemplates that some are not.
Section 26(2)(b) of the Supreme Court Act allows an acquitted person to be heard on a reference by counsel on his behalf or, with the leave of the Court, by the acquitted person himself.
Order 7 Rule 62
(1) Where a person appeals or applies for leave to seek review in any criminal proceedings, the Duty Judge shall in each case inquire as to whether the appellant or applicant has a lawyer.
(2) If there is no lawyer, the Duty Judge shall direct the Registrar to notify the Office of the Public Solicitor that at the next mention of the matter a senior lawyer from the Office of the Public Solicitor is required to appear and notify the Court whether the Public Solicitor will provide legal aid, advice and assistance.
(3) The Duty Judge shall also make a preliminary assessment of the case and consider whether it would be appropriate to give a direction to the Public Solicitor under section 177(2)(b) of the Constitution.
Order 5 Rule 2: an application for leave by a prisoner who is not legally represented may be made in Form 2 to the Second Schedule, and the provisions of Order 7 rule 62 shall apply to an application for leave and an application for review from sentence of death.
Order 11 Rule 10
Where compliance with the provisions of the Rules relating to the preparation of documents or appeal books may cause unnecessary hardship, expense or delay, the Registrar may, after consultation with the Chief Justice, or if he is not available, the next most senior Judge in Chambers, waive compliance to such extent as in his opinion is reasonable.
This is the provision for an unrepresented party who cannot meet the Order 7 Rule 43 requirements — bound volumes, A4, every tenth line numbered, volumes under 38 mm. Ask the registry before lodging something non-compliant.
Order 11 Rule 9: where a person desires to take any step in proceedings and the manner or form of the procedure is not prescribed, they may apply to a Judge for directions.
Order 13 Rule 16(2)(e): on a summary determination, if the parties are unrepresented, the Registrar shall draft the Court Order, enter it and forward sealed copies to the parties.
What a litigant in person faces
The address for service. Order 11 Rule 4(a)(ii) requires a place within 15 kilometres of the Registry at which documents may be left during business hours. A party outside Port Moresby must find one.
The appeal book. Order 7 Divisions 11 to 16 require the record to be collected, the transcript corrected, an index settled, the book prepared to specification, examined against the originals and certified — and no matter is added to the Callover List until it is filed.
The forms and time limits. Leave within 40 days; the notice of appeal in Form 8; objections to competency within 14 days; submissions within 10 days of a direction; a four-page extract of argument.
The consequences of default. Order 7 Rule 48 allows dismissal for want of prosecution, and section 11 of the Act allows the Registrar to refer an appeal showing no substantial ground for summary determination.
Practical advice
Read Order 7 first. Divisions 1 to 16 set out the whole appeal in sequence.
Get the appointment to settle on the day you file. Rule 33 requires it, and Rule 35 lets it be subscribed to the notice of appeal.
Serve the associate to the primary judge. Rule 13 requires it, and it is what triggers Rule 31 — the certified list of exhibits and their delivery to the registry.
Keep the appeal book short. Rule 43(12): only such documents as are relevant or necessary.
Attend everything. The callover, the Directions Hearing, the Status Conference. Order 13 Rule 12(5) allows the Court at the hearing to summarily hear and determine any matter where the appellant fails to comply with directions.
Write the four-page extract. Order 11 Rule 18 requires one in all substantive matters, handed up to each Judge under Rule 20.
Where to look
The Public Solicitor. In criminal matters the Court itself sets the process in motion under Order 7 Rule 62. In other matters, approach the office directly.
The registry. Section 32(1) of the Act requires the Registrar to furnish the necessary forms and instructions in relation to notices of appeal in criminal proceedings to any person who asks for them. The registry is also the source of the appointment to settle under Order 7 Rule 33.
A lawyer, even for part of it. Advice on whether an appeal lies, whether leave is needed, and how the grounds should be drafted is the part where a mistake cannot be undone — Order 7 Rule 26 bars the addition of a new ground of appeal after 40 days.
Sources
- Supreme Court Rules 2012 — O 5 r 2; O 6 r 3; O 7 rr 9, 26, 33, 43, 48, 62; O 11 rr 4, 9, 10, 16; O 13 r 16
- Supreme Court Act (Chapter 37) — ss 11, 26, 32
- Constitution of the Independent State of Papua New Guinea — s 177(2)(b)
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. 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.