The National Court Rules 1983 are the working manual of civil litigation in Papua New Guinea. They came into force on 4 July 1983 — the commencement date defined in Order 1 Rule 6 — with the exception of Order 21.
Constitution section 184 empowers the Judges to make rules of court.
National Court Act (Chapter 38) section 8 — subject to section 184, the Judges of the National Court may make Rules of Court of the National Court.
Section 9 — the practice and procedure in a matter in the National Court shall be the practice and procedure provided by law or the Rules of Court in relation to matters of that kind, except as directed by the National Court at any stage of the matter.
“Except as directed by the National Court at any stage of the matter” means a judge may direct a different procedure in a particular case. The Rules are the default, not a straitjacket — a point reinforced by Order 1 Rule 7, under which the Court may dispense with compliance with any requirement of the Rules.
How the Rules are arranged
| Part | Orders | Subject |
|---|---|---|
| 1 | 1–2 | Interpretative and administrative matters — definitions, time, sittings, the Registry, documents, the Sheriff, solicitors, fees, funds in court |
| 2 | 3–17 | Civil jurisdiction — the bulk of the Rules |
| 3 | 18 | Appellate jurisdiction — appeals from lower courts and taxation appeals |
| 4 | 19 | Probate |
| 5 | 20 | Family matters — infants and families |
| 6 | 21 | Admiralty proceedings |
| 7 | 22 | Costs |
| 8 | 23 | Human rights |
Part 2 — the civil Orders
Order 3 — discovery before suit.
Order 4 — commencement of proceedings: writ of summons, originating summons, and motions.
Order 5 — parties and causes of action.
Order 6 — service of documents, including service outside Papua New Guinea.
Order 7 — notice of intention to defend.
Order 8 — pleadings, particulars, cross-claims, amendment, discontinuance, payment into court, defamation.
Order 9 — discovery, interrogatories and admissions.
Order 10 — trial; Order 10A — the Commercial List.
Order 11 — evidence: summonses to give evidence, depositions, affidavits.
Order 12 — judgments and orders, including default judgment and summary disposal.
Order 13 — enforcement of judgments.
Order 14 — miscellaneous powers: accounts and inquiries, interim preservation, receivers, security, disposal of land, contempt, interpleader, arbitration.
Order 15 — administration and trusts.
Order 16 — applications for judicial review.
Order 17 — applications for habeas corpus.
Rules that sit alongside
Several specialist rule sets operate in addition to the National Court Rules, and you must read both:
- The Human Rights Rules — made in December 2010 and in force from 1 July 2011, and now Order 23 of the National Court Rules. They are expressed to be “in addition to and form part of the procedures for instituting proceedings contained in the National Court Rules”. See human rights proceedings.
- The Alternative Dispute Resolution Rules 2022 — in force from 1 September 2022, made under Constitution section 184 and National Court Act section 7E. See the ADR Rules.
- The Election Petition Rules 2017 — in force from 1 July 2017, repealing the 2002 Rules. See election petitions.
- The Criminal Practice Rules 2022 and the Fraud and Corruption Related Offences Rules 2013. See the fraud and corruption rules.
The Fraud and Corruption Related Offences Rules 2013 are not available on PacLII at the time of writing. The Human Rights Rules are reproduced as Order 23 of the National Court Rules, which is linked above.
Where the State is a party, the Claims By and Against the State Act 1996 changes the timetable and the remedies — several of its sections begin “Notwithstanding anything in the National Court Rules”. See suing the State.
Limitation periods come from the Frauds and Limitations Act 1988, not from the Rules.
Four provisions to read first
Rule 6 — definitions. Before arguing about a word, check whether the Rules define it. “Court”, “originating process”, “pleading”, “disabled person”, “folio” and some thirty others all carry defined meanings.
Rule 7 — dispensation. The Court may dispense with compliance with any requirement of the Rules, before or after the occasion for compliance arises.
Rule 8 — non-compliance. A failure to comply does not render a proceeding void; the Court may set it aside for irregularity, allow amendments, or make orders on terms.
Rule 12 — directions. Where the Rules are silent or the procedure is in doubt, a party may apply for directions, and proceedings commenced in accordance with them shall be well commenced.
The Rules carry a schedule of prescribed forms — the writ, the originating summons, the notice of intention to defend (Form 15), the defence (Form 16), the reply (Form 17), cross-claims (Forms 20 and 21) and the payment-into-court forms (Forms 24 to 29). Using the right form saves argument, and the Registry will query a document that departs from it.
Two Orders repay separate study because they run on their own tracks: Order 16 (judicial review), which requires leave and has its own four-month time limit, and Order 23 (human rights), which allows a proceeding to be started in ways no other Order permits.
Sources
- National Court Rules 1983 — Orders 1 to 23; Sch 1 (forms)
- National Court Act (Chapter 38) — ss 7A–7E, 8, 9
- Constitution — ss 166, 184
- Claims By and Against the State Act 1996
Before relying on anything here, read the current text of the National Court Rules 1983 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.