Two provisions of the National Court Rules 1983 govern the form of court documents: Order 1 Rule 11 on the prescribed forms, and Order 2 Division 3 on documents generally.
Order 1 Rule 11
(1) Subject to sub-rule (2), the forms in Schedule 1 shall be used where applicable.
(2) It shall be sufficient compliance with any requirement of an Act or these Rules as to the form of any document if the document is substantially in accordance with the requirement or has only such variations as the nature of the case requires.
(3) A form shall be completed in accordance with the directions, if any, contained in that form.
(4) Where the citation in a form of an Act is subsequently altered, the citation as altered may be substituted.
Sub-rule (2) is the practical answer to most complaints about form. A document need not match the Schedule 1 form word for word. It is enough that it is substantially in accordance with the requirement, or varies only as the nature of the case requires.
So a form that omits an inapplicable paragraph, or adapts wording to fit unusual facts, complies.
Two cautions. First, sub-rule (3) requires a form to be completed in accordance with the directions contained in it — the notes on the face of a form are not optional guidance. Second, substantial compliance does not excuse omitting something the Rules separately require: for instance the endorsements on a writ under Order 4.
Order 2 Rules 22 to 28
| Rule | Requirement |
|---|---|
| 22 | Headed “In the National Court of Justice”, showing the year and serial number |
| 23 | Entitled between the parties, and not otherwise |
| 24 | Where there is no defendant — entitled “The Application of” with the plaintiff’s name |
| 25 | An abbreviated title may be used, except on an originating process, a document served on a non-party, or a minute of a final judgment or order |
| 26(2) | A4 paper — approximately 297 mm by 210 mm — of good and durable quality |
| 26(3) | Writing on one face only, with a left margin of not less than 51 mm |
| 26(4)–(5) | Not less than 3 mm between lines; writing clear, sharp, legible and permanent |
| 26(6)–(7) | No carbon copies; nothing with blotting, erasure or material disfigurement |
| 28 | Dates, sums and other numbers in figures, not in words |
The Rule applies to a document prepared by a party for use in the Court “except to the extent that the nature of the document renders compliance impracticable”.
That covers exhibits, plans, photographs, computer records and anything else that cannot sensibly be produced on one side of A4 with a 51 mm margin.
Note Rule 28: figures, not words. Write K25,000 and 15 March 2024 — not “twenty-five thousand kina”.
Order 2 Rule 27
(a) the heading “In the National Court of Justice”; and (b) —
(i) the year and serial number of the proceedings;
(ii) the title of the proceedings, or an abbreviation sufficient to identify them;
(iii) a description of the document;
(iv) the name, address and telephone number of the solicitor for the party — and of any agent, if the solicitor acts by an agent.
(2) Where the party is not represented, paragraph (b)(iv) does not apply, but the backsheet shall show the name and address for service of the party and the party’s telephone number.
(3) The backsheet of an affidavit shall be endorsed with the name of the deponent and the date of swearing.
It is not decoration. The serial number, title and description on the backsheet are what allow a document to be matched to the right file among thousands.
Sub-rule (2) matters for anyone appearing for themselves: you must show your name, address for service and telephone number. Without an address for service, documents cannot be served on you and orders may be made in your absence.
Sub-rule (3) is a common trap — an affidavit backsheet must carry the deponent’s name and the date of swearing.
Order 2 Rule 30
A pleading, summons, notice of intention to defend, notice of motion, notice of appeal, statement, request, requisition, undertaking, list, account, note or other notice to be filed or served shall be signed by his solicitor or by him, if he has no solicitor.
Order 2 Rule 33 — every matter or thing required or allowed to be done by a party may be done by his solicitor, unless the context or subject matter otherwise requires.
Rule 34 — a solicitor acting for a party, or who is a party, shall not without leave act for any other party not in the same interest.
Rules 35 to 38 — a party may change solicitor, must file notice of the change and serve it on the other parties and, where practicable, the former solicitor. The same applies on a change of agent, and where a party who has been acting for themselves appoints a solicitor.
Order 2 Rule 29
The Court may order to be struck out of any document any matter which is scandalous, frivolous, vexatious, irrelevant or otherwise oppressive.
This applies to any document, not only to a pleading. Abusive or irrelevant material in an affidavit is as vulnerable as it is in a statement of claim.
Finally, remember that a defect in form is rarely fatal: Order 1 Rule 8 provides that non-compliance does not render a proceeding void, and Order 1 Rule 7 allows the Court to dispense with a requirement, before or after the occasion for compliance arises.
Sources
- National Court Rules 1983 — O 1 rr 7, 8, 11; O 2 rr 22–38; Schedule 1
- National Court Act (Chapter 38) — s 5
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.