Cost is the commonest reason people do not bring a claim they are entitled to bring. Several routes reduce or remove it.
The principal source
Section 156(1) of the Constitution: the Law Officers of Papua New Guinea are the principal legal adviser to the National Executive; and the Public Prosecutor; and the Public Solicitor.
The Office of the Public Solicitor is the first place to go. It is the usual source of representation in criminal matters, and the Rules assume its involvement: Order 2 Rule 3(b) of the Criminal Practice Rules 2022 requires the Judge at the first mention to ascertain legal representation for the accused.
Where no fee is payable
Human rights proceedings. Order 23 Rule 7(5) of the National Court Rules 1983 provides for free filing of proceedings for enforcement of the Basic Rights. See the Human Rights track.
Criminal applications. Order 1 Rule 7(3) of the Criminal Practice Rules 2022: no fee is payable for any application made under or in connection with these Rules. That includes a bail application and an application under section 552 to be brought to trial.
The State. Section 6 of the Claims By and Against the State Act 1996 exempts the State from fees — a reminder that fee exemptions exist and are worth asking about.
Order 23 provides that a complaint may be made in Form 125, which may be lodged with a District Court clerk rather than at the National Court registry. The Court may also commence proceedings on its own initiative, and may act informally in urgent cases.
A person in custody is not shut out — see complaints from custody.
Where you cannot pay a mediator
Where a party wishes the mediation to be conducted by an internal mediator, the Court may appoint one — but no appointment shall be made … unless the Court is satisfied that one or all the parties in the proceeding is or are impecunious or it is in the national interest.
Internal mediation is defined as a mediation process conducted by an internal mediator for a party or parties who do not have the ability to pay the fees of an external mediator.
The party seeking it shall provide comprehensive evidence of their financial position, including their sources of income and assets held by them … and all liabilities.
Order 2 Rule 7(11): where an impecunious party is entitled to receive a monetary settlement in consequence of a mediation conducted by an internal mediator, the first obligation of that party shall be to pay a mediator’s fees at the highest reasonable fee charged by an external mediator for a comparable mediation.
And note that mediators may act pro bono under Rule 7(8). See who pays for the mediation.
What the Court itself provides
Appeal Books. Order 18 Division 1A Rule 6(5)(f): where both parties are not represented by a lawyer, subject to the parties meeting the cost, the Registrar may give such assistance to the parties as is necessary to compile the Appeal Book.
Summary determination orders. Rule 12(4)(b)(v) of the same Division: if the parties are unrepresented, the Registrar shall draft the Court Order, enter it and forward sealed copies to the parties.
Small estates. Order 19 Division 13 allows an application to a Distributor in person or by letter, with the signature witnessed by a Commissioner for Oaths — no summons, no affidavits, no lawyer. See small estates.
Order 1 Rule 7 allows the Court to dispense with compliance with any of the requirements of these Rules; Rule 8 provides that non-compliance … shall not render any proceedings void; and Rule 11(2) that substantial compliance with a form is sufficient.
For election petitions, Rule 22 of the Election Petition Rules 2017 is to the same effect, and section 217 of the Organic Law requires the Court to be guided by the substantial merits and good conscience of each case without regard to legal forms or technicalities.
Where else to look
- The law firms directory — some firms undertake pro bono work, and an initial consultation is often free.
- The Registry — staff can explain what a form is and where to file it, though they cannot give legal advice.
- Village Courts and mediation — for customary and community disputes, and for customary land, mediation and the Local Land Court under the Land Disputes Settlement Act (Chapter 45).
- This site — the glossary explains terms as they are defined in the legislation, with links to the Acts and Rules themselves.
Several periods cannot be extended by anyone — the two years to serve a writ, the limitation period under the Frauds and Limitations Act 1988, the 40 days to appeal to the Supreme Court, and the 40 days to file an election petition.
If a deadline is close and you have no lawyer, file what you can and explain the position to the Court. A late claim is usually beyond saving; an imperfect one is not.
Sources
- National Court Rules 1983 — O 1 rr 7, 8, 11; O 4 r 13; O 18 Div 1A rr 6, 12; O 19 Div 13; O 23 rr 5, 7
- Criminal Practice Rules 2022 — O 1 r 7; O 2 r 3
- Alternative Dispute Resolution Rules 2022 — O 1 r 3; O 2 rr 5, 7
- Constitution — ss 57, 156
- Claims By and Against the State Act 1996 — s 6
This site provides general information about Papua New Guinea law and is not legal advice. For advice on your own situation, contact the Office of the Public Solicitor or a lawyer.
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.