The 15-kilometre requirement is the single most practically significant rule in Order 11 for any practitioner outside Port Moresby.
Order 11 Rule 3
An address for service shall be disclosed on —
(a) any document by which proceedings are instituted in the court; and
(b) an appearance filed under Rule 2 of this Order.
The appellant or applicant discloses it on the instituting document — the notice of appeal under Order 7 Rule 9, the application for review under Order 5 Rule 4, the constitutional application under Order 4 Rule 1.
The respondent discloses it on the Form 16 appearance. Order 5 Rule 10(d) makes the same requirement expressly for an election petition review leave application: it shall state an address for service of the applicant.
Order 11 Rule 4
The address for service shall —
(a) contain the name, address and telephone number of (i) the person on whose behalf the document is filed; and (ii) be a place within 15 kilometres of the Registry, at which documents in the proceedings may, during ordinary business hours, be left for that person; and (iii) an address to which documents in the proceedings may be posted; and
(iv) where a person is represented by a lawyer, it shall be the office of the lawyer or of his Papua New Guinea agent — but where a lawyer has requested and been allocated by the Registrar a compartment in the Document Exchange Box located within the Registry, then the deposit of a document in such compartment shall amount to ordinary service;
(b) be in accordance with Form 17.
Paragraph (a)(ii)
The address must be a place within 15 kilometres of the Registry at which documents may, during ordinary business hours, be left. The principal registry is at Waigani.
A firm practising in Lae, Mount Hagen, Kokopo or Madang cannot give its own office as the address for service. Paragraph (a)(iv) supplies the answer contemplated by the Rules: the office of the lawyer or of his Papua New Guinea agent.
So an appeal run from outside Port Moresby requires an agent, and that arrangement should be in place before the notice of appeal is filed — because the address must appear on the notice itself.
Where a lawyer has requested and been allocated a compartment in the Document Exchange Box in the Registry, deposit in that compartment amounts to ordinary service. That is a convenience worth arranging for any firm appearing regularly.
Order 11 Rule 7
Where service is required of any document, it may be effected —
(a) by serving a signed and sealed copy of the document personally on the party to be served; or
(b) by delivering a signed and sealed copy to (i) the address for service of a party given in accordance with Division 3; or (ii) the address for service of a party in the proceedings in the National Court from which the present proceedings arose; or
(c) where a lawyer of a party has an address for service disclosed, service shall be effected at that address whilst such lawyer continues to act for a party.
Before any appearance has been filed, the notice of appeal can be served at the address for service of a party in the proceedings in the National Court from which the present proceedings arose.
That is how Order 7 Rule 13 is complied with in practice, since a respondent will usually not yet have given a Supreme Court address.
Rules 5 and 6
Rule 5 — the address so disclosed shall remain the address for service until notice of change of address is filed in the registry and served on any other party to the proceedings.
Rule 6 — where a lawyer ceases to act for a party, he shall file in the registry a notice of that fact.
A firm that moves office, or an agent whose retainer ends, leaves a party receiving documents at an address nobody is checking — and service there remains good service until the notice of change is filed and served.
Rule 6 matters equally at the other end: a lawyer who has ceased to act but has not filed the notice continues to be the address at which service is effected under Rule 7(c) whilst such lawyer continues to act. Filing the notice is what ends that.
Before you file
- Does it give the name, address and telephone number of the person on whose behalf the document is filed?
- Is the place for leaving documents within 15 kilometres of the Registry, and open during ordinary business hours?
- Is there a separate postal address?
- If the party is represented, is the address the office of the lawyer or of his Papua New Guinea agent?
- Is it in accordance with Form 17?
Order 1 Rule 8 makes it sufficient compliance that a document is substantially in accordance with the requirement or has only such variations as the nature of the case requires — but that forgives a departure in form, not the omission of a requirement.
Order 7 Rule 14
The Court or a Judge may direct that the notice of appeal be served on any party on whom it has not been served, or on any other person; dispense with service on any party either altogether or on such terms as it or he thinks fit; or direct that service be effected in a particular manner.
Applications are in Form 4 under Order 13 Rule 15, with a concise statement of the Court’s jurisdiction. See service.
Sources
- Supreme Court Rules 2012 — O 4 r 1; O 5 rr 4, 10; O 7 rr 9, 13, 14; O 11 rr 2–7; O 13 r 15; Forms 16, 17
- Supreme Court Act (Chapter 37) — ss 17, 36
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.