Order 7 of the National Court Rules 1983 deals with a single short document. Filing it is the first thing a defendant does.
Not a defence
The filing of a notice of intention to defend under this Order does not relieve the defendant from any obligation under these Rules to file a defence or other pleading.
The notice of intention to defend announces that you will contest the claim and supplies an address for service. It says nothing about the merits.
The defence answers the statement of claim allegation by allegation, and is governed by Order 8.
Filing the first does not satisfy the second. A defendant who files a notice and stops there can still have default judgment entered against them for want of a defence.
Rule 1
(1) A defendant may give a notice of intention to defend and may defend proceedings by a solicitor or in person.
(2) Where a defendant is a disabled person, sub-rule (1) has effect subject to Order 5 Rules 19 and 20.
(3) Notwithstanding sub-rule (1), but subject to any Act, a corporation may not give a notice of intention to defend or defend any proceedings except by a solicitor.
Rule 4 — Form 15
A notice of intention to defend shall show —
(a) the name, address and occupation of the person giving the notice; and
(b) where given by a solicitor — the name, business address and telephone number of the solicitor; and
(c) where that solicitor has another solicitor as agent — the agent’s name, business address and telephone number; and
(d) an address for service.
(3) The notice shall be in Form 15.
Where any address shown in a notice of intention to defend is not genuine, the plaintiff may, with the leave of the Court, continue the proceedings as if the notice had not been given.
That is a serious consequence: the proceeding continues as though the defendant had never responded, opening the way to default judgment. The address for service must be real, and under Order 6 Rule 7 it must be within 15 km of the Registry and a place where documents can be left during ordinary business hours.
If the address later changes, file a notice of change under Order 6 Rule 7(3) and serve it on each party on the date of filing.
Rules 3 and 5
(1) A notice may be given by filing it in or by posting it to the Registry.
(2) Two or more persons giving a notice by the same solicitor on the same date may do so by a single notice.
(3) The date of giving a notice shall be the date when the notice is received in the Registry.
Rule 2 and the consequences
Subject to these Rules, a person shall not, except by leave of the Court, take any step in any proceedings unless, before taking the step, he has filed originating process or has given a notice of intention to defend.
| Effect | Provision |
|---|---|
| You may now take steps in the proceeding | O 7 r 2 |
| The originating process is taken to have been served on you personally on the filing date, or an earlier proved date | O 6 r 2(3) |
| Any objection to service outside Papua New Guinea is waived | O 6 r 20(1)(c) |
| You obtain an address for service, so later documents come to you | O 6 r 7 |
| Time begins to run for your defence | O 8 |
| But jurisdiction is not submitted to | O 7 r 7(1) |
The giving of a notice of intention to defend does not constitute a submission to the jurisdiction of the Court.
So a defendant may file the notice to protect themselves against default judgment and still challenge jurisdiction or service — provided they move within the time Rule 7(2) allows. See conditional notice and challenging jurisdiction.
Rule 6
(1) A defendant may give a notice of intention to defend at any time without leave.
(2) Where a defendant gives a notice after the time limited, he shall not, unless the Court otherwise orders, be entitled to file a defence or do any other thing later than if he had given a notice within that time.
Sub-rule (1) is generous: file whenever you like, no leave required. Sub-rule (2) removes the benefit — the deadlines for the defence and everything after run as if you had filed on time.
And a late notice does not undo a default judgment already entered. If judgment has been signed, the remedy is an application to set it aside. If you need more time, see extensions of time and Order 1 Rule 15.
Rules 10 to 13
Rule 10 — a person not named as a defendant may, by leave, appear and defend on filing an affidavit showing that he is in possession of the land either by himself or his tenant; and the Court may strike out or confine defences set up by persons not in possession.
Rule 11 — a person appearing as landlord, in possession only by a tenant, shall state in his notice that he appears as landlord.
Rule 12 — a person given leave under Rule 10 gives notice in the ordinary way, serves it immediately on the plaintiff’s solicitor, and is thereafter named as a party defendant.
Rule 13 — a defence may be limited to part only of the property, described with reasonable certainty in the notice.
These sit with Order 5 Rule 8(3), under which a person in possession may apply to be added as a defendant.
Sources
- National Court Rules 1983 — O 4 rr 5, 11; O 5 rr 8, 19, 20, 23; O 6 rr 2, 7, 20; O 7 rr 1–13; O 8; Form 15
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.