The Supreme Court Act (Chapter 37) gives the right of appeal and the Court’s powers. The Supreme Court Rules 2012 say how it is all actually done.
When they came into force
These Rules may be cited as the Rules of the Supreme Court of Justice 2012, or by the shorter form Supreme Court Rules 2012.
They apply to all proceedings commenced or instituted on or after the date of commencement.
The 2012 Rules commenced on 19 December 2012. Older decisions and older textbooks refer to the Supreme Court Rules 1984, and the numbering does not carry across. Check which Rules a case was decided under before relying on a rule number in it.
Because the Rules apply to proceedings commenced or instituted on or after commencement, a matter begun before that date continued under the old Rules.
Four Parts, thirteen Orders
| Part | Order | Subject |
|---|---|---|
| 1 — Preliminary | 1 | Interpretative matters — definitions and forms |
| 2 | Administrative matters | |
| 2 — Original jurisdiction | 3 | Procedure — commencement and continuance |
| 4 | Applications and references under Constitution ss 18 and 19 | |
| 5 | Review of National Court decisions, including election petition reviews | |
| 6 | Enforcement of constitutional rights | |
| 3 — Under the Supreme Court Act | 7 | Appeals — the largest Order, 62 rules across 23 Divisions |
| 8 | Reservation of cases or points of law | |
| 9 | References under section 26 of the Act | |
| 10 | Appeals from orders made under certain Acts | |
| 4 — General | 11 | Rules of general application — appearance, address for service, service, submissions |
| 12 | Costs | |
| 13 | Listings Rules |
Order 11 Rule 1: the rules in Part 4 apply to all matters brought under these rules unless… the contrary intention appears.
So the requirements about notice of appearance, address for service, service and written submissions are not confined to appeals. They govern references, reviews and constitutional enforcement proceedings too.
Three sets of amendments
Supreme Court (Amendment No 1) Rules 2013 — deemed to have commenced on 19 December 2012, so they operate from the beginning.
Supreme Court (Miscellaneous Amendments) Rules 2021 — commenced 1 November 2021.
Supreme Court (Miscellaneous Amendments) Rules 2022 — commenced 1 May 2022.
The amendments are not cosmetic. The 2021 Rules added Order 7 Division 23, requiring the Duty Judge in a criminal appeal or review to inquire whether the appellant has a lawyer and, if not, to direct the Registrar to notify the Office of the Public Solicitor. The 2022 Rules changed the appeal book lodgement rule.
A consolidation of the Rules as at 6 March 2024 has been published in the Supreme Court Book, available from the Waigani Court Library. Rules affected by each amending instrument are marked in that consolidation.
See representing yourself for what Division 23 means in practice.
The words that matter
“Court” means the full court of the Supreme Court of Justice.
“Judge” means a judge of the Supreme Court of Justice.
“Judgment” means the judgment, decree, order or sentence of a court or a judge under appeal or in respect of which leave to appeal is sought.
“Order”, where specifically referred to in the Rules, means an order of a judge of the court.
“Substantive proceedings” means proceedings instituted under these Rules, not being in the nature of interlocutory matters or an appeal under Order 11 Rule 27.
Wherever the Rules say “the Court” they mean the full bench; wherever they say “a Judge” they mean one judge sitting alone. Reading a rule carefully to see which word it uses tells you where the application belongs.
Several rules say “the Court or a Judge” — for example Order 7 Rule 48 on dismissal for want of prosecution. There, either will do.
The forms are in the Schedule
The forms in the First Schedule shall be used where applicable. It is sufficient compliance if a document is substantially in accordance with the requirement, or has only such variations as the nature of the case requires.
A form shall be completed in accordance with the directions, if any, contained in the form. Where the citation of an Act in a form is later altered, the altered citation may be substituted.
The forms referred to in section 32(1) of the Act are those in the Second Schedule.
Rule 8(a)(ii) is a mercy provision, and it is worth knowing about. A minor departure from the printed form is not fatal if the document is substantially in accordance with the requirement.
It does not, however, excuse using the wrong form altogether — see which form to use, and the cases where an application made by notice of motion instead of the prescribed application was held incompetent.
Sources
- Supreme Court Rules 2012 — O 1 rr 1, 2, 7, 8; O 7; O 11 rr 1, 9
- Supreme Court Act (Chapter 37) — ss 32, 41, 42
The account of the 2013, 2021 and 2022 amendments, and of Order 7 Division 23, is taken from the consolidation of the Rules as at 6 March 2024 published in the Supreme Court Book. The version on PacLII may not reflect the later amendments.
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.