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What Are the Matrimonial Causes Rules 2022?

The rules of court that govern how a matrimonial cause is actually run — the form of the petition, service, pleadings and answers, discretion statements, evidence, the decree and its certificate, and the enforcement machinery. The Act supplies the rights; the Rules supply the procedure.

The family law series, no. 96 · The Matrimonial Causes Rules 2022 · 5 min read

The Matrimonial Causes Act (Chapter 282) confers the rights. The Matrimonial Causes Rules 2022 say how to exercise them.

A note on sources

The Matrimonial Causes Rules 2022 are rules of the National Court. They are not published on PacLII at the time of writing, and the copy this article was prepared from is a scanned document from which rule numbers could not be reliably read.

This article therefore describes the Rules by reference to what the Act itself requires of them, and to the structure the Rules follow. Do not rely on a rule number taken from a secondary source. Obtain a current copy from the National Court registry or from a lawyer before filing anything.

Every provision quoted below is from the Matrimonial Causes Act (Chapter 282) itself, which is linked throughout.

Why the Act needs rules

The Act repeatedly says “subject to the Rules”

An Act of Parliament cannot sensibly prescribe the wording of a form or the number of days for filing a reply. Those matters change, and they belong to the court that runs the process.

So the Act allocates them to rules of court. Section 90 goes further and allows the Rules to create additional means of enforcing a decree beyond those the Act itself lists.

The matters the Act commits to the Rules

Provisions of the Act that defer to the Rules
SectionWhat the Rules govern
s 8The functions of an officer of a court investigating a matter in accordance with the Rules
s 56Institution of proceedings; the form and content of the petition
s 73(2)Applications for maintenance pending the disposal of proceedings
s 86(1)Enforcement by attachment or sequestration
s 88Registration of a maintenance order in a court of summary jurisdiction, and its enforcement there
s 90Additional means of enforcing decrees
s 91(b)Enforcement of pre-commencement decrees by the new machinery
s 92(1)Which proceedings, or parts of them, are heard in chambers rather than open court
s 94(1)Service of process, in or outside Papua New Guinea
s 97Costs and security for costs
Sch 2Applications for, and administration of, attachment of earnings orders

How the Rules are organised

The stages of a matrimonial cause

1. Commencement — the petition, its form and verification, and the documents filed with it.

2. Service — personal service, substituted service, service outside the jurisdiction, and dispensation.

3. Pleadings — the answer (including a supplementary answer), the reply, the rejoinder and further rejoinder, and amendment of a pleading.

4. The discretion statement — the confidential statement of a petitioner’s own adultery, filed in a sealed envelope.

5. Hearing — the distinction between a defended suit and an undefended suit, evidence, and affidavits.

6. Decree — the decree nisi, the section 59 declaration about children, and the certificate that the decree has become absolute.

7. Ancillary and enforcement proceedings — maintenance, custody and property applications, and the enforcement machinery in Part X.

Two features worth knowing about

The sealed discretion statement. The Rules provide for a petitioner’s own adultery to be disclosed to the court in a statement enclosed in a sealed envelope, so that the court has the material required by section 29 without the allegation being aired unnecessarily. Failing to disclose risks the decree: under section 69, a decree nisi may be rescinded where material facts have not been brought before the Court.

Infants and next friends. Where a party is under age or under disability, the Rules provide for proceedings to be conducted through a next friend or guardian — relevant where a minor has married.

Finding and using the Rules

Practical steps
  1. Obtain a current copy from the National Court registry. Rules are amended, and an old copy is worse than none.
  2. Use the prescribed forms. A petition that does not follow the form will be rejected at the registry counter.
  3. Check whether your application belongs in chambers or in open court — section 92(1) makes that a matter for the Rules.
  4. Where a step is not covered, remember Constitution section 155(4) — the National Court may make such orders as are necessary to do justice.
Where the Rules do not reach

They govern proceedings under the Matrimonial Causes Act. They do not govern:

Sources

Check the section yourself

Before relying on anything here, read the current text of the Marriage Act (Chapter 280) 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.

Disclaimer: This article provides general information about Papua New Guinea law and does not constitute legal advice. Laws may change, and their application depends on individual circumstances. You should obtain professional legal advice for your specific situation. Read the full disclaimer.