The National Court is not a single courtroom in Waigani. It sits across the country, on a schedule the Judges themselves control.
Sections 3 and 4 of the National Court Act
Section 3 — The Chief Justice, after consultation with the other Judges, shall determine the Principal Seat of the National Court.
Section 4 — The Chief Justice, after consultation with the other Judges, shall determine — (a) the place and frequency of sittings of the National Court; and (b) the location and number of registries of the Court.
Constitution section 157 provides that no person or authority outside the National Judicial System — other than the Parliament through legislation — may give directions to a court in respect of the exercise of judicial powers or functions.
Where and when a court sits is close to the heart of that independence. Sections 3 and 4 place it with the Chief Justice, acting after consultation with the other Judges.
Order 2 Rules 1 and 2
The sittings of the Court shall be held at such time or times as may be determined by the Court.
(1) If, at the time of any sitting, a Judge is not present at the place of sitting, a Judge may direct that the hearing be postponed to another time or another place.
(2) Any direction under sub-rule (1) may be communicated to the parties or their representatives by telephone or telegram.
The National Court sits on circuit: Judges travel to provincial centres for sitting periods, then move on. That is what makes a court of unlimited jurisdiction reachable outside the capital.
It also explains a good deal of what parties experience. Weather, aircraft and competing lists can prevent a Judge reaching a circuit town, and Rule 2 exists precisely for that case — the hearing is postponed to another time or another place.
Rule 2(2) is a small provision with a practical point: notice of the postponement may be given by telephone. Do not assume a listing stands because you have received no formal document.
Order 2 Rule 3 — the annual vacation
(1) There shall be a vacation in each year from 20 December to the following 31 January, both inclusive.
(2) Any Judge may sit in vacation for another, and may in vacation exercise any authority which any other Judge might exercise if he were present and sitting in Court.
(3) The time of the vacation shall not be reckoned in the times for filing, delivering or amending any pleading unless a Judge directs — nor shall a pleading be delivered or amended, nor judgement be entered in default, unless under the direction of a Judge.
Sub-rule (2) matters. The vacation is not a shutdown: any Judge may sit in vacation for another and exercise any authority another Judge could exercise.
So genuinely urgent business — an urgent injunction, a bail application, an urgent human rights application — can still be dealt with between 20 December and 31 January.
What the vacation does is stop the clock for pleadings and bar default judgment without a Judge’s direction. See how time is calculated.
When the Registry is open
| Provision | Effect |
|---|---|
| O 2 r 11(1) | Open every day except Saturdays, Sundays and Court holidays |
| O 2 r 11(2) | 8.00 a.m. to 12.00 noon and 1.00 p.m. to 3.30 p.m. |
| O 2 r 14 | Court holidays include public holidays, days declared by the Judges, and any part of a day during vacation when the Registry is closed |
| O 2 r 12 | A person with urgent business may require the Registrar to open outside hours on payment of K5.00 |
| O 2 r 13 | A Judge may direct the Registrar to open at a specified time, and may fix a special fee |
A party, practitioner or other interested person may require the Registrar to open the office outside business hours where the business could not be transacted when the office next opens, or where waiting might involve serious risk of prejudice.
The fee is K5.00. That provision exists for the case where something must be filed tonight — an urgent injunction application, or a document facing a deadline that expires before the Registry reopens.
Getting your matter listed
The Rules say when the Court may sit. What actually determines when your matter is heard is the listing practice of the registry, and the Court’s practice directions.
Three points follow:
- Setting a matter down for trial is governed by Order 10, and usually preceded by a directions hearing.
- Specialist lists have their own arrangements — the Commercial List under Order 10A and the Human Rights Track under Order 23.
- How long a case takes depends heavily on whether the matter must await a circuit sitting.
Section 6 of the National Court Act requires the Chief Justice, during the month of August each year, to forward to the Head of State for presentation to Parliament a report by the Judges under Constitution section 187. Those annual reports are the public record of the Court’s sittings and workload.
Sources
- National Court Rules 1983 — O 2 rr 1–3, 11–14
- National Court Act (Chapter 38) — ss 3, 4, 6
- Constitution — ss 157, 163, 187
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.