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What Is the Time Limit for an Election Petition Review?

Fourteen days after the decision to file and serve the application for leave, and fourteen days from the grant of leave to file the application for review. Both can be extended only on an application made within the period being extended.

The Supreme Court practice series, no. 105 · Review where no appeal lies · 5 min read

Every period in Order 5 Division 2 is short, and the two extension provisions are drafted so that an applicant who lets a deadline pass has no application to make.

Order 5 Rule 14

Filed and served within 14 days

The application for leave shall be filed and served within 14 days after the decision sought to be reviewed or within such time as extended by a Judge, upon application filed within that 14-day period.

Supreme Court Rules 2012

Two features to note

Both filing and service must happen within the 14 days. That is stricter than an appeal, where Order 7 Rule 11 deems filing to satisfy sections 17 and 29, and service is a separate obligation under Rule 13.

The extension application must be filed inside the period.Upon application filed within that 14-day period” — the same structure as section 17 of the Supreme Court Act, and with the same consequence: once day 14 passes, there is nothing to extend.

Order 5 Rule 18

From the grant of leave

The application for review shall be filed within 14 days from the date of grant of leave or within such further extended period as the Judge determines upon application made within those 14 days.

Compare Order 7 Rule 6 for appeals, which allows 21 days from the grant of leave. Fourteen days here, and the extension must again be sought inside the period.

Every period in Division 2

Election petition review timetable
StepPeriodRule
File and serve the application for leave (Form 5A)14 days after the decisionr 14
Serve the leave application and affidavit before it is heardNot less than 3 days; affidavit of service filed within that periodr 15
File the application for review (Form 5B) with draft Index14 days from the grant of leaverr 18, 20
Serve the application and draft Index on the respondents7 days of filingr 25
Respondents file a Notice of Appearance (Form 5C)7 days of servicer 26
Directions Hearing before a Judge14 days after filing the applicationrr 22, 27
Compile, file and serve the Review Book14 days after the Directions Hearingr 29
Pre-Hearing Conference before a Judge21 days from the Directions Hearingr 33
Hearing date fixed and notified (Form 5D)At the Pre-Hearing Conferencerr 34(h), 35

Order 5 Rule 37

Three possible orders

Where a party has not done any act required to be done by or under the rules of this division, or otherwise has not prosecuted his or her application for leave or application for review with due diligence, or has failed to comply with a direction or order of the Court or a Judge, the Court or a Judge may, on its or his own motion or on application by a party, at any stage of the proceeding

(a) order that the application for leave or application for review be dismissed where the defaulting party is the applicant; or

(b) where the defaulting party is the respondent, set down the application for leave or application for review for an expedited hearing; or

(c) fix a time peremptorily for the doing of an act under these Rules and may make such orders as it deems just.

Paragraph (b) has no equivalent for appeals

A defaulting respondent does not merely risk costs: the review can be set down for an expedited hearing. That reflects the policy of the Division — a respondent cannot slow the matter down by not complying.

And note that the Court may act on its own motion, and at any stage. No application by the other side is needed.

What this means in practice

Five things to do on the day of the decision

1. Fix the 14-day date immediately and work backwards. Filing and service must both be complete by then.

2. Order the annexures. Rule 11 requires the affidavit to annex a copy of the election petition and the judgment and order of the National Court. The sealed order may take days to obtain.

3. Arrange the money. The K750 fee and the K5,000 deposit are both payable at filing under Rules 12 and 13. An application without them is not compliant.

4. Identify the respondents. Rule 7 defines them as the Electoral Commission and the party in whose favour a decision is made, and Rule 15 requires personal service unless a Judge permits another manner.

5. Start the draft Index. It must be filed with the application for review under Rule 20(b), only 14 days after leave.

Order 5 Rule 39

A relieving power, with one exception

The Court or a Judge may dispense with compliance with any of the requirements of the Rules, either before or after the occasion for compliance occurs, unless it is a requirement of the Organic Law.

This is the general dispensing power in the Supreme Court Rules, and it sits in Order 5. Note the exception: it cannot relieve against a requirement of the Organic Law on National and Local-level Government Elections.

Whether it can be used to relieve against Rules 14 and 18 after the period has expired is a different question, and an applicant should not rely on it. The rules themselves prescribe how the periods may be extended, and they require the application to be made inside the period.

Order 5 Rule 40

A general discretion

The Court may make such orders as to costs as it deems just.

The K5,000 deposited in the Registrar’s Trust Account under Rule 13 as security for costs is available against any order made. See election petition reviews.

Check the section yourself

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.

Disclaimer: This article provides general information about Papua New Guinea law and does not constitute legal advice. Laws may change, and their application depends on individual circumstances. You should obtain professional legal advice for your specific situation. Read the full disclaimer.