Order 5 Division 2 is a complete, self-contained procedure with its own forms and deadlines, to be worked through in order.
Order 5 Rules 10 to 13
An application for leave shall —
(a) be entitled under s 155(2)(b) of the Constitution and in the matter of Part XVIII of the Organic Law;
(b) be entitled in the name of the person making the application and the name of the respondents;
(c) state briefly the particulars of the decision of the National Court to be reviewed, the nature of the case, the issues involved and why leave should be given;
(d) state an address for service of the applicant;
(e) be signed by the applicant;
(f) be in accordance with Form 5A;
(g) be filed in the Supreme Court Registry at Waigani.
Rule 11 — the application shall be supported by an affidavit of the applicant setting out the circumstances pertaining to the application and annexing a copy of the election petition and the judgment and order of the National Court.
Rule 12 — the filing fee for the application for leave shall be K750.00.
Rule 13 — at the time of filing, the applicant shall deposit in the Registrar’s Trust Account, the sum of K5,000.00 as security for costs.
Four things in one paragraph: the particulars of the decision, the nature of the case, the issues involved, and why leave should be given. The last is the substance, and where the drafting effort belongs.
Rules 14 and 15
Rule 14 — the application for leave shall be filed and served within 14 days after the decision sought to be reviewed, or within such time as extended by a Judge, upon application filed within that 14-day period.
Rule 15 — the leave application and affidavit shall be served personally or in any manner permitted by a Judge, including by service on their lawyers in the National Court proceedings, not less than three days before the application is heard, and an affidavit of service shall be filed within that three-day period.
Rule 16: the application for leave shall be made before a Judge. Rule 17: a decision to grant or a refusal to grant leave is final and shall not be subject to further review.
Rules 18 to 23
Rule 18 — the application for review shall be filed within 14 days from the date of grant of leave, or within such further extended period as the Judge determines upon application made within those 14 days.
Rule 19 — the application shall (a) state that the application lies with leave and state the date on which such leave was granted; (b) state whether the whole or part only and what part of the judgment is being reviewed; (c) state briefly but specifically the grounds relied upon in support of the review; (d) state what judgment, order or relief the applicant seeks in lieu of that decision reviewed; (e) be in accordance with Form 5B; (f) be signed by the applicant.
Rule 20 — at the time of filing, the applicant shall also (a) indicate on the application whether a transcript is required and if so, a request for the production of the transcript; and (b) file a draft Index of the Review Book.
Rules 21 and 22 — the application shall include the date and time fixed by the Registrar for the Directions Hearing, and that date shall not exceed 14 days from the filing of the application.
Rules 24 to 27
Rule 24 — where a transcript is requested, the applicant shall meet the cost of its production as determined by the Registrar.
Rule 25 — within 7 days of filing, the applicant shall serve the application together with the draft Index on the respondents named and on any other person the Court considers has an interest.
Rule 26 — within 7 days of service, the respondents or their lawyer shall file a Notice of Appearance in accordance with Form 5C.
Rule 27 — within 14 days after filing the application, there shall be a Directions Hearing before a Judge.
Rule 28 lists, among other things: legal representation; grounds of review; identification of legal issues; consolidation of multiple applications on the one election; availability of transcript; objections to competency; manner of presentation of argument; settlement of the Index; compilation of the Review Book; and the number of days required.
Rules 29 to 32
Within 14 days after the Directions Hearing, the applicant shall compile, file and serve the Review Book on each respondent.
It is prepared much like an appeal book: bound volumes on A4 paper with tabs; no volume exceeding 38 mm; an index as settled by the Registrar; exhibits in the National Court order; back-sheets and jurats omitted; IC / XX / RX notations; and only such documents as are relevant or necessary.
Rule 31 sets the order: title page; index; order granting leave; the application for review; the election petition; evidence; testimony on commission; exhibits; written submissions filed in the National Court; the reasons for decision; the formal judgment or order. Rule 32 requires the copies to be examined with the original documents and certified as correct by the parties.
Rules 33 to 36
Within 21 days from the Directions Hearing, there shall be a Pre-Hearing Conference before a Judge, at which the Judge considers legal representation, the correctness of the Review Book, the grounds to be argued, the legal issues, consolidation, the manner of presentation of argument including filing extract of written submissions, the number of days required, and shall fix a date for the hearing.
The Registrar then gives notice of the hearing date in accordance with Form 5D, and the Court may hear and determine the application or any objection to competency on the date and time fixed, or may adjourn.
Sources
- Supreme Court Rules 2012 — O 5 rr 8–36; Forms 5A–5D
- Constitution of the Independent State of Papua New Guinea — s 155(2)(b)
- Organic Law on National and Local-level Government Elections — Part XVIII
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.