Filing is the step that stops the clock. Everything else in the opening phase of an appeal follows from it, and two of those steps happen on the same day.
Where
The notice of appeal shall be filed in the registry.
“Registry” means the offices of the Court. “Registrar” means the Registrar of the Court and includes an acting, deputy or assistant Registrar.
Under the Supreme Court Act, the Chief Justice, after consultation with the other Judges, shall determine the Principal Seat of the Supreme Court (section 36), and shall likewise determine the place and frequency of sittings and the location and number of registries of the Court (section 37). In practice the principal registry is at Waigani.
Where you are outside Port Moresby, the address-for-service requirement in Order 11 Rule 4 — a place within 15 kilometres of the Registry — effectively requires a Papua New Guinea agent, and that agent is usually the practical route for filing as well.
Order 7 Rule 11
Upon filing the notice of appeal, the appellant for the purposes of ss 17 and 29 of the Act shall be deemed to have given notice of appeal in the prescribed manner.
Sections 17 and 29 require notice to be given within 40 days. Rule 11 provides that filing is what constitutes giving it.
So an appellant on day 39 does not need to have served anybody. File first; serve immediately afterwards under Rule 13, which requires service without delay.
Service remains mandatory, and failure to serve has its own consequences — but it does not go to whether the statutory deadline was met.
Two things to do at the counter
The appellant shall on filing the notice of appeal get from the proper officer in the registry an appointment to settle the appeal book.
Rule 34: the appellant shall serve notice of the appointment on each person on whom the appeal is served. Rule 35: the notice of appointment may be subscribed to the notice of appeal.
Rule 33 says on filing, not afterwards. Obtaining the appointment at the same time, and subscribing it to the notice under Rule 35, means one document is served rather than two — and it fixes the date from which the appeal book timetable runs.
Other documents at the outset
| Document | When | Rule |
|---|---|---|
| Notice of appeal (Form 8) | Within 40 days of judgment | O 7 rr 7, 9 |
| Application for leave (Form 7), if required | Within the same 40 days | O 7 r 4 |
| Application to extend time (Form 4), if needed | Within the same 40 days | O 7 r 1 |
| Notice of appeal after leave granted | Within 21 days of the grant | O 7 r 6 |
| Notice of appearance (Form 16) — respondent | As soon as practicable | O 11 r 2 |
| Address for service (Form 17) | On the instituting document and on an appearance | O 11 rr 3, 4 |
| Objection to competency (Form 9) — respondent | Within 14 days of service | O 7 r 15 |
| Notice of cross-appeal | Within the section 17 period | O 7 rr 27, 28 |
What filing sets in motion
Rule 31 — upon the filing of a notice of appeal, the Associate to the primary Judge shall make out and certify a list of exhibits, and the exhibits, the list and any other documents before the primary Judge shall be delivered to the registry.
Rule 32 — where an exhibit cannot be delivered, the Associate shall state the circumstances in the certificate and give such information as will enable the Registrar to have it available at the Court. The Registrar shall retain the documents until the disposal of the appeal and, subject to any direction, return them to the persons from whom they were obtained.
Rule 13 requires the notice of appeal to be served upon the associate to the primary judge. That is what triggers Rule 31.
And note Rule 30: exhibits are retained for 40 days after the judgment is pronounced, extended by a further 40 if leave is granted within that period. An appellant who files late in the period should serve the associate promptly, before the retention period lapses.
Filing fees
Fees are prescribed in the Schedules to the Rules and change from time to time; ask the registry for the current amount rather than relying on a figure printed anywhere.
Note that under Order 12 the provisions on costs apply to costs payable or to be taxed under any order of the Court, and Order 12 Division 3 makes particular provision where a party is represented by a lawyer employed or engaged by the State.
What happens next
1. Serve the notice without delay under Rule 13, on every party affected or interested, and on the associate to the primary judge.
2. Serve the notice of the appointment to settle under Rule 34, on everyone served with the appeal.
3. Prepare the draft index under Rule 40 and serve it, so that the appointment can proceed usefully.
4. Expect an appearance in Form 16 from each respondent under Order 11 Rule 2, and an objection to competency, if there is to be one, within 14 days of service.
5. Attend the appointment, settle the appeal book, and have it certified by the Registrar.
An appellant who does none of these is exposed to dismissal for want of prosecution under Order 7 Rule 48, which allows the Court to fix a time peremptorily for a step and order that upon non-compliance the appeal shall stand dismissed.
Sources
- Supreme Court Rules 2012 — O 1 r 7; O 7 rr 1, 4, 6–15, 27, 28, 30–35, 40, 48; O 11 rr 2–4; O 12
- Supreme Court Act (Chapter 37) — ss 17, 29, 36, 37, 39, 40
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.