The Supreme Court Rules 2012 prescribe a form for nearly every step. Unlike much of civil procedure, the choice of form here is not a matter of style — the Court has struck out applications made in the wrong one.
The forms you are most likely to need
| Step | Form | Rule |
|---|---|---|
| Application to extend time to appeal | Form 4 | O 7 r 1(a) |
| Application for leave to appeal | Form 7 | O 7 r 4(e) |
| Notice of appeal | Form 8 | O 7 r 9(e) |
| Objection to competency | Form 9 | O 7 r 15(a) |
| Application to dismiss for want of prosecution | Form 11 | O 7 r 50(a) |
| Notice of appearance | Form 16 | O 11 r 2(a) |
| Address for service | Form 17 | O 11 r 4(b) |
Order 1 Rule 7(3): a reference to a form by number is a reference to the form so numbered in the First Schedule to the Rules.
The forms referred to in section 32(1) of the Supreme Court Act — the Registrar’s forms in criminal proceedings — are in the Second Schedule.
How closely must you follow them?
(a)(i) The forms in the First Schedule shall be used where applicable.
(a)(ii) It shall be sufficient compliance with any requirement of an Act or these Rules as to the form of a document if the document is substantially in accordance with the requirement, or has only such variations as the nature of the case requires.
(a)(iii) A form shall be completed in accordance with the directions, if any, contained in the form.
(b) Where the citation of an Act stated in a form is subsequently altered, the citation as altered may be substituted.
Rule 8(a)(ii) forgives variations within the right form. It does not forgive using a different form, or a document the Rules do not provide for at all.
In Kawaso Ltd v Oil Search (PNG) Ltd [2010] PGSC 34; SC1082 the Court held that there is no express provision in the Supreme Court Act or Rules as to the manner of applying for a stay; that the proper manner is by an application using Form 4; and that an application for stay made by notice of motion would be incompetent and may be struck down.
The applicant must also state the nature of the application and the grounds in the application itself.
The two that are most often confused
Form 7 — an application for leave to appeal. Under Order 7 Rule 4 it must show that an appeal lies with leave, and state the nature of the case, the questions involved and the reason why leave should be given.
Form 8 — the notice of appeal. Under Order 7 Rule 9 it must state that an appeal lies without leave or that leave has been granted, what part of the judgment is appealed from, briefly but specifically the grounds, and what judgment the appellant seeks in lieu.
In Yakham v Merriam [1997] PGSC 32; [1998] PNGLR 555 the Supreme Court held that where the grounds involve questions of law and/or mixed fact and law, the appeal lies as of right and a Form 8 notice is filed; where the grounds involve only questions of fact, an application for leave in Form 7 is required.
It follows that where an appeal raises law, mixed fact and law and fact, separate notices — both Form 7 and Form 8 — must be filed.
The Court went further: the then third alternative in paragraph 2 of Form 8, which stated that leave to appeal was sought at the hearing of the appeal, was without legal basis and must be deleted. It overruled Opai Kunangel v The State [1985] PNGLR 144.
Completing a form properly
- The correct heading. Order 7 Rule 8: entitled “In the Supreme Court of Justice” and as between the party as appellant and the party as respondent.
- An address for service. Order 11 Rule 3 requires it on any document by which proceedings are instituted, and on an appearance.
- A signature. Order 7 Rule 9(f): the notice of appeal must be signed by the appellant or their lawyer.
- Filing in the registry. Order 7 Rule 9(g).
- The jurisdictional statement. Order 7 Rule 9(a): state that the appeal lies without leave, or that leave has been granted, and annex the order granting leave.
Order 11 Rule 9: where a person desires to take a step and the manner or form of the procedure is not prescribed, they may apply to a Judge for directions.
That is the correct course when the Rules are silent — not filing something of your own design and hoping it is accepted. See when the Rules do not cover your situation.
Sources
- Supreme Court Rules 2012 — O 1 rr 7, 8; O 7 rr 1, 4, 8, 9, 15, 50; O 11 rr 2, 3, 4, 9; First and Second Schedules
- Supreme Court Act (Chapter 37) — s 32
- Yakham v Merriam [1997] PGSC 32; [1998] PNGLR 555
- Kawaso Ltd v Oil Search (PNG) Ltd [2010] PGSC 34; SC1082
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.