Entering an appearance is the first step for anyone on the receiving end of a Supreme Court proceeding. It is short, and skipping it causes trouble later.
Order 11 Rule 2
A person served with a document by which proceedings are instituted or by which leave or other order is sought under these rules and who desires to be heard at any stage of the proceedings shall, as soon as is practicable or within the time specified in the document or in any other order of the court —
(a) file an appearance in accordance with Form 16; and
(b) serve a copy of the appearance on each of the other parties.
(c) a party appearing by a ‘next friend’ who ceases to be under the disability which occasioned that appearance and who wishes to adopt the proceedings shall file and serve an appearance in their own name on every other party within 30 days of ceasing to be under that disability.
It is not confined to appeals. “A document by which proceedings are instituted or by which leave or other order is sought” — so an application for leave, a review, a reference or an interlocutory application all attract it.
The trigger is wanting to be heard. A person served who does not intend to participate need not appear.
The time is elastic but not open. As soon as is practicable, or within any time specified in the document or ordered by the Court.
Four consequences
Your address for service is fixed. Order 11 Rule 3 requires an address for service to be disclosed on an appearance filed under Rule 2, and Rule 5 provides that it remains the address for service until notice of change is filed and served.
Documents reach you properly. Rule 7 allows service by delivering a signed and sealed copy to the address for service of a party given in accordance with Division 3.
Costs. Order 11 Rule 30(2) provides that, unless the Court otherwise orders, a party withdrawing proceedings shall bear the costs of all parties who have entered an appearance in the proceedings up to and including the day on which notice of withdrawal is served.
You are on the record. Order 13 Rule 8(c) requires that, where parties are represented, a lawyer who has carriage or knowledge of the matter must attend the Directions Hearing.
Order 7 Rules 27 and 28(h)
Order 7 Rule 27: a respondent who wishes to cross-appeal shall, in addition to complying with Order 11 rule 2, file a notice of cross-appeal within the section 17 period.
Order 7 Rule 28(h): Form 10 may, if convenient, be combined with Form 16.
So a respondent who has decided to cross-appeal can file one document doing both. See filing a cross-appeal.
Order 4 Rule 25
In a constitutional application or reference, a party whether original or by grant of leave to intervene shall within 14 days of the date of service on a party of the originating proceedings or grant of leave to intervene, file an appearance in the proceedings and file and serve a Statement of Response in Form 4A.
So here there is a fixed period — 14 days — and an additional document. The Statement of Response shall not exceed by more than one A4 page, the length of the application in Form 1, and the Registrar shall not accept longer statements for filing.
Rule 26: within 7 days of service on an applicant of a Statement in Response the applicant may file a reply. See intervening in a reference.
Order 5 Rule 26
Within 7 days of the service of the application, the respondents or their lawyer shall file a Notice of Appearance in accordance with Form 5C.
Different form, different period, and Order 5 Rule 7 defines “Respondent” for that Division as the Electoral Commission and the party in whose favour a decision is made.
What Form 16 needs
The title of the proceeding, matching the instituting document — the Supreme Court appeal, application or reference number.
Who is appearing, and in what capacity: first respondent, second respondent, intervener by leave granted on a stated date.
The address for service in Form 17, containing the name, address and telephone number of the person on whose behalf it is filed, a place within 15 kilometres of the Registry at which documents may be left during ordinary business hours, and an address to which documents may be posted.
Signature, by the party or their lawyer.
Where the party is outside Port Moresby, the address must be the office of the lawyer or of his Papua New Guinea agent under Order 11 Rule 4(a)(iv) — so the agency arrangement has to be in place before the appearance is filed.
Order 11 Rule 31
A party appearing in a proceeding may withdraw its appearance and any submissions filed, subject to any order as to costs as the Court or a Judge considers just.
And Rule 6: where a lawyer ceases to act for a party, he shall file in the registry a notice of that fact.
Both matter for service. Until a change is filed, the address on the appearance remains the address at which documents may properly be left. See withdrawing.
Sources
- Supreme Court Rules 2012 — O 4 rr 25, 26; O 5 rr 7, 26; O 7 rr 27, 28; O 11 rr 2–7, 29–31; O 13 r 8; Forms 4A, 5C, 10, 16, 17
- Supreme Court Act (Chapter 37) — s 17
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.