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Supreme Court
The final court of appeal, and the only court that can give a binding interpretation of the Constitution on a reference. It has an inherent power to review all judicial acts of the National Court, and to make whatever orders are necessary to do justice.
Establishment and composition
160(1) — A Supreme Court of Justice is hereby established.
160(2) — It is a superior court of record and, subject to any Act of the Parliament, has the power to punish contempt of court.
161(1) — The Supreme Court consists of the Chief Justice, the Deputy Chief Justice and the other Judges of the National Court (excluding acting Judges).
161(2) — For any hearing, the Court consists of at least three Judges.
161(3) — The Chief Justice, the Deputy Chief Justice or the most senior Judge available presides.
Papua New Guinea does not have a separate bench of Supreme Court judges. The Supreme Court is the Judges of the National Court, sitting in benches of three or more.
A judge who decided a matter at first instance in the National Court does not sit on the appeal from their own decision. But the pool is the same, which is one reason the Court’s workload and the size of the bench matter so much in practice.
Section 162(2) allows the jurisdiction to be exercised by a single Judge in cases provided for by an Act or by the Rules of Court — typically procedural applications, such as leave to appeal or a stay. The full three-judge bench decides the appeal itself.
Jurisdiction
The Supreme Court —
(a) is the final court of appeal; and
(b) has an inherent power to review all judicial acts of the National Court; and
(c) has such other jurisdiction and powers as are conferred on it by the Constitution or any other law.
The jurisdiction of the Supreme Court is as set out in (a) Subdivision II.2.C (constitutional interpretation); (b) Subdivision III.3.D (enforcement); and (c) section 155 — and otherwise as provided by the Constitution or any other law.
| Jurisdiction | Source |
|---|---|
| Appeals from the National Court, civil and criminal | s 155(2)(a); Supreme Court Act (Chapter 37) |
| Review of judicial acts of the National Court, including where no appeal lies | s 155(2)(b) |
| Constitutional interpretation on a reference | ss 18, 19; s 162(1)(a) |
| Questions referred by another court under s 18(2) | s 18(2) |
| Enforcement of the Basic Rights | Subdivision III.3.D; s 162(1)(b) |
| Orders in the nature of prerogative writs and orders necessary to do justice | s 155(4) |
| Contempt of itself | s 160(2) |
Sections 18 and 19 — constitutional questions
Section 18(1) gives the Supreme Court original jurisdiction, to the exclusion of other courts, on any question relating to the interpretation or application of a Constitutional Law.
Section 18(2) requires any other court, where such a question arises, to refer the matter to the Supreme Court unless the question is trivial, vexatious or irrelevant.
Section 19 allows certain authorities — including the Parliament, the Head of State, the National Executive Council, the Law Officers, the Ombudsman Commission and a Provincial Assembly — to refer a question to the Supreme Court for an advisory opinion that has the same binding effect as a decision on a real case.
Appeal and review
An appeal is a statutory right, exercised within the time and on the grounds the Supreme Court Act (Chapter 37) allows, and often requiring leave.
A review under section 155(2)(b) is an inherent constitutional power. It is available where the right of appeal has been lost, or where no appeal lies at all — but it is not a substitute for an appeal a party simply failed to bring in time, and the Court will require the applicant to explain the delay and show that the interests of justice call for review.
Note that some appeals are shut off entirely. Section 64 of the Matrimonial Causes Act (Chapter 282) provides that no appeal lies from a decree of dissolution or nullity of a voidable marriage after the decree has become absolute.
Section 155(4) — orders necessary to do justice
Both the Supreme Court and the National Court have an inherent power to make, in such circumstances as seem to them proper, orders in the nature of prerogative writs and such other orders as are necessary to do justice in the circumstances of a particular case.
This is among the most frequently invoked provisions in Papua New Guinean litigation. It supplies a remedy where no statute or rule provides one — but it is a power to do justice in the circumstances of a particular case, not a general licence to depart from the law.
Independence and compliance
157 — neither the Minister responsible for the National Justice Administration nor any other person or authority outside the National Judicial System (other than the Parliament through legislation) has power to give directions to any court, or to a member of any court, in respect of the exercise of judicial powers or functions.
155(6) — subject to any right of appeal or power of review, it is the duty of all persons — including the Law Officers and other public officers — and of all bodies and institutions, to comply with and put into effect all decisions of the National Judicial System.
- What does the Supreme Court of PNG do?
- Section 19 special references
- The National Judicial System
- The National Court
- Cases Explained — judgments of the Supreme and National Courts in plain language
Sources
- Constitution — ss 18, 19, 155–162, Subdivision III.3.D
- Supreme Court Act (Chapter 37)
- Supreme Court judgments on PacLII
Jump to a subject
122 questions and answers, grouped by subject.
- The Supreme Court and its Rules — 8 questions
- The right of appeal — 10 questions
- Leave to appeal — 8 questions
- Time limits and extensions — 7 questions
- The notice of appeal — 10 questions
- Cross-appeals and amendment — 7 questions
- Security for costs and stays — 7 questions
- The appeal book — 12 questions
- Preparing for and running the hearing — 10 questions
- Judgment, powers and orders — 8 questions
- Criminal appeals — 12 questions
- Review where no appeal lies — 7 questions
- Constitutional references and enforcement — 5 questions
- Costs in the Supreme Court — 5 questions
- Practical matters — 6 questions
The Supreme Court and its Rules
What the Supreme Court is, how it is constituted, when a single Judge may act, where the Rules come from, the forms, and what happens when the Rules do not cover the situation.
What Is the Supreme Court of Papua New Guinea?
The Supreme Court of Papua New Guinea explained: its establishment under Constitution section 160, its four jurisdictions, and how it differs from the National Court.
Read the answer → No. 2Who Are the Judges of the Supreme Court?
Who sits on the Supreme Court of Papua New Guinea: Constitution section 161, acting judges, the presiding judge, and the rule against sitting on appeal from your own judgment.
Read the answer → No. 3How Many Judges Hear a Supreme Court Case?
How many judges sit on a Supreme Court case in Papua New Guinea: the three-judge minimum, five-judge benches, single Judge powers, and what happens if a judge cannot continue.
Read the answer → No. 4When Can a Single Supreme Court Judge Decide a Matter?
The powers of a single Judge of the Supreme Court of Papua New Guinea: sections 5 and 10 of the Supreme Court Act, Order 7 of the Rules, and how to challenge a refusal.
Read the answer → No. 5What Are the Supreme Court Rules 2012?
The Supreme Court Rules 2012 of Papua New Guinea explained: their structure in four Parts and thirteen Orders, the amendments, and how they fit with the Supreme Court Act.
Read the answer → No. 6What Forms Do I Use in the Supreme Court?
The forms used in the Supreme Court of Papua New Guinea: which form for which step, the substantial compliance rule, and why using a notice of motion instead of the prescribed form can be fatal.
Read the answer → No. 7What If the Supreme Court Rules Do Not Cover My Situation?
What to do when the Supreme Court Rules 2012 do not prescribe a procedure: Order 11 Rule 9 directions, the waiver power in Rule 10, and why improvising a form is risky.
Read the answer → No. 8Can the Supreme Court Waive Its Own Rules?
Waiver of the Supreme Court Rules in Papua New Guinea: Order 11 Rule 10, who exercises it, what it does not reach, and why section 155(4) cannot excuse a missed deadline.
Read the answer →The right of appeal
Section 4 and section 14 of the Supreme Court Act: when an appeal lies as of right, when leave is required, the difference between final and interlocutory judgments, and the judgments from which no appeal lies at all.
When Can I Appeal to the Supreme Court?
When an appeal lies to the Supreme Court of Papua New Guinea: sections 4 and 14 of the Supreme Court Act, appeals as of right, appeals with leave, and the judgments excluded altogether.
Read the answer → No. 10What Is the Difference Between an Appeal and a Review?
Appeal compared with review in the Supreme Court of Papua New Guinea: the source of each, when review is available, the Avia Aihi test, and why they are not alternatives.
Read the answer → No. 11Do I Need Leave to Appeal to the Supreme Court?
When leave to appeal is required in Papua New Guinea: section 14(3) of the Supreme Court Act, the interlocutory judgment rule, the exceptions, and grounds of fact.
Read the answer → No. 12What Is an Interlocutory Judgment?
Interlocutory judgments in Papua New Guinea explained: what makes a judgment interlocutory, the section 14(3)(b) exceptions, and the statutory deeming provision in section 14(4).
Read the answer → No. 13How Do I Tell If a Judgment Is Final or Interlocutory?
How to classify a National Court judgment as final or interlocutory for the purposes of appealing to the Supreme Court of Papua New Guinea, and what to do when the answer is unclear.
Read the answer → No. 14Can I Appeal a Question of Fact?
Appealing on a question of fact in Papua New Guinea: section 14(1)(c) of the Supreme Court Act, the distinction between law, fact and mixed questions, and the particularity rule in Order 7 Rule 10.
Read the answer → No. 15What Judgments Cannot Be Appealed?
Judgments from which no appeal lies in Papua New Guinea: consent orders under section 14(2), sentences fixed by law, statutory finality, and the review alternative.
Read the answer → No. 16Can I Appeal a Consent Order?
Why no appeal lies from a consent order in Papua New Guinea, what counts as a consent order, and what to do instead: setting aside for fraud or mistake, or section 155(2)(b) review.
Read the answer → No. 17Can I Appeal an Order About Costs Only?
Appealing a costs order in Papua New Guinea: section 14(3)(c) of the Supreme Court Act, when leave is needed, and the difference between a discretionary costs order and a costs order made on a wrong principle.
Read the answer → No. 18Who Can Appeal to the Supreme Court?
Who has standing to appeal to the Supreme Court of Papua New Guinea: parties, cross-appellants, the Public Prosecutor, the Principal Legal Adviser, and persons added as parties.
Read the answer →Leave to appeal
Order 7 Divisions 1 and 2: when leave is needed, the Form 7 application, what must be shown, who decides it, and what happens if leave is refused.
How Do I Apply for Leave to Appeal?
Applying for leave to appeal to the Supreme Court of Papua New Guinea: Order 7 Rule 4, the Form 7 requirements, service, who hears it, and the 21 days that follow a grant.
Read the answer → No. 20What Must I Show to Get Leave to Appeal?
The test for leave to appeal to the Supreme Court of Papua New Guinea: Order 7 Rule 4, what an arguable case means, and the factors that weigh for and against a grant.
Read the answer → No. 21What Is Form 7 in the Supreme Court?
Form 7 of the Supreme Court Rules 2012 explained: what it is for, what it must contain under Order 7 Rule 4, and how it differs from the Form 8 notice of appeal.
Read the answer → No. 22Do I File a Separate Notice If My Grounds Are Mixed?
Filing both Form 7 and Form 8 in the Supreme Court of Papua New Guinea where grounds of appeal are mixed, and why Yakham v Merriam overruled Opai Kunangel.
Read the answer → No. 23Who Decides an Application for Leave to Appeal?
Who hears a leave application in the Supreme Court of Papua New Guinea: the single Judge under Order 7 Rule 3, the Registrar's listing duty, and the section 10(2) route to the full Court.
Read the answer → No. 24What Happens If Leave to Appeal Is Refused?
What to do when leave to appeal is refused in Papua New Guinea: the section 10(2) application to the full Court, the time problem, and the section 155(2)(b) review alternative.
Read the answer → No. 25Can I Apply for Leave and Appeal at the Same Time?
Filing a leave application and a notice of appeal together in the Supreme Court of Papua New Guinea: why it is prudent, what it costs, and what Yakham v Merriam forbids.
Read the answer → No. 26How Long Do I Have to Apply for Leave to Appeal?
The time limit for a leave application in the Supreme Court of Papua New Guinea: section 17, Tsang v Credit Corporation, extensions under Order 7 Rule 1, and the 21 days after a grant.
Read the answer →Time limits and extensions
Section 17 and the 40-day rule: when time starts, how it is counted, what an extension requires, and the review route where the time for appealing has passed.
How Long Do I Have to Appeal to the Supreme Court?
The 40-day time limit for appealing to the Supreme Court of Papua New Guinea: sections 17 and 29, when time starts, extensions, and what Avia Aihi decided about missing it.
Read the answer → No. 28When Does the Time for Appealing Start Running?
When the 40-day appeal period starts in Papua New Guinea: the date of judgment under section 17, the date of conviction under section 29, and what counts as a judgment.
Read the answer → No. 29How Is Time Counted in the Supreme Court?
How time is reckoned in Supreme Court of Papua New Guinea appeals: calendar days, the periods in the Rules, and why a statutory period cannot be enlarged like a rule-made one.
Read the answer → No. 30Can I Get an Extension of Time to Appeal?
Extending time to appeal to the Supreme Court of Papua New Guinea: Order 7 Rule 1, the Form 4 application, what the affidavit must show, and why the application must be inside the 40 days.
Read the answer → No. 31What Happens If I Miss the Appeal Deadline?
Missing the 40-day appeal deadline in Papua New Guinea: why section 155(4) cannot help, what Avia Aihi decided, and how the section 155(2)(b) review works instead.
Read the answer → No. 32What Is a Section 155(2)(b) Review?
Review under Constitution section 155(2)(b) in Papua New Guinea: the source of the power, when it is available, the Avia Aihi and Leahy tests, and how it differs from an appeal.
Read the answer → No. 33How Do I Apply for Review When I Am Out of Time?
Applying for leave to review out of time in the Supreme Court of Papua New Guinea: Order 5, the Avia Aihi test, what the affidavit must explain, and how to structure the grounds.
Read the answer →The notice of appeal
Order 7 Divisions 3 to 5: the Form 8 notice, what the grounds of appeal must contain, filing and service, and the consequences of a defective notice.
How Do I Start an Appeal in the Supreme Court?
Starting a Supreme Court appeal in Papua New Guinea: Order 7 Rule 7, the Form 8 notice, filing, service, the appointment to settle, and what happens in the first weeks.
Read the answer → No. 35What Is Form 8 in the Supreme Court?
Form 8 of the Supreme Court Rules 2012 explained: the Order 7 Rule 9 requirements, the deleted leave alternative, and how Form 8 differs from Form 7.
Read the answer → No. 36What Must a Notice of Appeal Contain?
The contents of a Supreme Court notice of appeal in Papua New Guinea: Order 7 Rules 8, 9 and 10, the address for service, and a checklist before filing.
Read the answer → No. 37How Do I Draft Grounds of Appeal?
Drafting grounds of appeal for the Supreme Court of Papua New Guinea: Order 7 Rules 9 and 10, worked examples of compliant and non-compliant grounds, and the 40-day bar on new grounds.
Read the answer → No. 38What Makes a Ground of Appeal Incompetent?
Incompetent grounds of appeal in the Supreme Court of Papua New Guinea: the Rule 10 particularity requirement, missing leave, new points, and consent orders.
Read the answer → No. 39Where Do I File My Notice of Appeal?
Filing a notice of appeal in the Supreme Court of Papua New Guinea: which registry, what filing achieves under Order 7 Rule 11, the appointment to settle, and the registry's role.
Read the answer → No. 40Who Do I Serve the Notice of Appeal On?
Service of a Supreme Court notice of appeal in Papua New Guinea: Order 7 Rules 12 to 14, service on the associate, service on the State, and how service is effected.
Read the answer → No. 41What Happens if I Serve the Notice Late?
Late service of a Supreme Court notice of appeal in Papua New Guinea: why filing satisfies section 17, the want of prosecution risk, and how to cure delay.
Read the answer → No. 42What Is an Objection to Competency?
Objections to competency in the Supreme Court of Papua New Guinea: Order 7 Rules 15 to 19, the 14-day deadline, the burden of proof, and the Rule 19 costs sanction.
Read the answer → No. 43How Do I Respond to an Objection to Competency?
Responding to an objection to competency in the Supreme Court of Papua New Guinea: what is curable, what is not, and which relieving provisions actually apply.
Read the answer →Cross-appeals and amendment
Order 7 Divisions 8 and 9: the supplementary notice, instituting a cross-appeal, notice of contention, and amending an appeal after it has been filed.
What Is a Cross-Appeal in the Supreme Court?
Cross-appeals in the Supreme Court of Papua New Guinea: Order 7 Rules 27 to 29, when a cross-appeal is needed, and when a notice of contention is enough.
Read the answer → No. 45How Do I File a Cross-Appeal?
Filing a notice of cross-appeal in the Supreme Court of Papua New Guinea: the Order 7 Rule 28 requirements, Form 10, combining it with Form 16, and service.
Read the answer → No. 46What Is a Notice of Contention?
Notices of contention in the Supreme Court of Papua New Guinea: Order 7 Rule 29, the difference from a cross-appeal, and getting the relevant record into the appeal book.
Read the answer → No. 47Can I Amend My Notice of Appeal?
Amending a notice of appeal in the Supreme Court of Papua New Guinea: Order 7 Rules 25 and 26, the two deadlines, and the difference between amending and adding.
Read the answer → No. 48What Is a Supplementary Notice of Appeal?
Supplementary notices of appeal in the Supreme Court of Papua New Guinea: what they do, how to draft one, filing and service, and the Tsang limitation.
Read the answer → No. 49Can I Add a New Ground of Appeal Later?
Adding grounds of appeal after filing in the Supreme Court of Papua New Guinea: the Order 7 Rule 26 bar, what counts as a new ground, and the limited alternatives.
Read the answer → No. 50How Do I Discontinue an Appeal?
Discontinuing a Supreme Court appeal in Papua New Guinea: Order 7 Rules 20 to 23, the costs consequence, taxation, and what happens to a co-appellant.
Read the answer →Security for costs and stays
Section 18 and section 19: security for the appeal, the effect of an appeal on the judgment below, and how to apply for a stay in the correct form.
Do I Have to Give Security for Costs on Appeal?
Security for costs in the Supreme Court of Papua New Guinea: Order 7 Rule 24, section 5(1)(c) of the Supreme Court Act, and when a respondent should apply.
Read the answer → No. 52How Much Security for Costs Will I Have to Give?
The amount of security for costs in a Supreme Court appeal in Papua New Guinea: how the figure is set, the forms security can take, and varying an order.
Read the answer → No. 53What Happens if I Do Not Give Security?
Default in furnishing security for costs in a Supreme Court appeal in Papua New Guinea: section 5(1)(d), Order 7 Rule 48, and what to do before the deadline passes.
Read the answer → No. 54Does an Appeal Stop the Judgment Taking Effect?
Whether a Supreme Court appeal stays a National Court judgment in Papua New Guinea: section 19 of the Supreme Court Act, and what an appellant must do instead.
Read the answer → No. 55How Do I Apply for a Stay Pending Appeal?
Applying for a stay of a National Court judgment pending appeal in Papua New Guinea: Form 4, Kawaso v Oil Search, the supporting affidavit, and urgency.
Read the answer → No. 56What Does the Court Consider on a Stay Application?
The test for a stay pending appeal in Papua New Guinea: McHardy v Prosec Security, why it is not a checklist, and how to frame a stay application.
Read the answer → No. 57Can I Get Interim Orders While My Appeal Is Pending?
Interim orders pending a Supreme Court appeal in Papua New Guinea: section 5(1)(b), Order 11 Rule 8, the Duty Judge, and how to apply.
Read the answer →The appeal book
Order 7 Divisions 10 to 17: the appointment to settle, collection of papers, the draft index, settlement, what goes into the appeal book, lodgement, service and who pays for it.
What Is an Appeal Book?
The Supreme Court appeal book in Papua New Guinea: what it is, what it contains, why Order 13 Rule 7 makes it the gateway to a hearing, and who prepares it.
Read the answer → No. 59Who Prepares the Appeal Book?
Who prepares the Supreme Court appeal book in Papua New Guinea: the appellant's obligations, the respondent's role, and what the Registrar does.
Read the answer → No. 60What Is an Appointment to Settle the Appeal Book?
The appointment to settle the appeal book in the Supreme Court of Papua New Guinea: Order 7 Rules 33 to 35 and 42, serving notice of it, and why the date matters.
Read the answer → No. 61What Is the “Collection of Papers”?
Collecting the papers for a Supreme Court appeal book in Papua New Guinea: Order 7 Rules 36 to 39, correcting the transcript, and resolving disagreements.
Read the answer → No. 62What Is the Draft Index to the Appeal Book?
The draft index to a Supreme Court appeal book in Papua New Guinea: Order 7 Rules 40 and 41, how to draft one, and how a respondent gets material included.
Read the answer → No. 63What Happens at the Settlement of the Appeal Book?
Settling a Supreme Court appeal book in Papua New Guinea: Order 7 Rule 42, what to bring, common disputes, and referring an issue to the Duty Judge.
Read the answer → No. 64What Goes Into a Supreme Court Appeal Book?
Contents of a Supreme Court appeal book in Papua New Guinea: Order 7 Rule 43(13), what must be excluded, and the oral judgment certificate requirement.
Read the answer → No. 65How Should the Appeal Book Be Arranged and Paginated?
The physical requirements for a Supreme Court appeal book in Papua New Guinea: Order 7 Rule 43, volume thickness, line numbering, and examination and certification.
Read the answer → No. 66How Many Copies of the Appeal Book Do I Need?
Copies of a Supreme Court appeal book in Papua New Guinea: Order 7 Rules 42(c) and 44, who gets served, and lodging under Order 13 Rule 7(2).
Read the answer → No. 67When Must the Appeal Book Be Lodged?
Timing for lodging a Supreme Court appeal book in Papua New Guinea: why there is no fixed deadline, the Callover List, directions, and want of prosecution.
Read the answer → No. 68Who Pays for the Appeal Book?
Costs of a Supreme Court appeal book in Papua New Guinea: Order 7 Rules 45 and 46, costs in the appeal, and how to keep the book — and the bill — down.
Read the answer → No. 69What Happens if the Appeal Book Is Not Prepared?
Dismissal for want of prosecution in the Supreme Court of Papua New Guinea: Order 7 Rules 48 to 51, Form 11, peremptory orders, and how to resist.
Read the answer →Preparing for and running the hearing
Order 7 Divisions 18 to 22 and Order 11: setting down, written submissions, the extract of argument, the list of authorities, the report by the primary judge, adjournment and further evidence.
How Is an Appeal Set Down for Hearing?
Listing a Supreme Court appeal for hearing in Papua New Guinea: Order 13, the callover, Directions Hearings, the Status Conference, and Form 18.
Read the answer → No. 71What Are Written Submissions in the Supreme Court?
Written submissions in the Supreme Court of Papua New Guinea: Order 11 Division 9, the 10-page limit, the chronology requirement, and citation rules.
Read the answer → No. 72What Is an Extract of Argument?
The written extract of argument in the Supreme Court of Papua New Guinea: Order 11 Division 10, the four-page limit, and how it differs from written submissions.
Read the answer → No. 73What Is a List of Authorities?
The list of authorities and legislation in the Supreme Court of Papua New Guinea: Order 11 Rule 22, four copies, timing, and how to cite.
Read the answer → No. 74What Is the Report by the Primary Judge?
Reports by the primary judge in the Supreme Court of Papua New Guinea: Order 11 Division 12, when the Court requests one, and the parties' right to a copy.
Read the answer → No. 75Can I Adjourn a Supreme Court Appeal?
Adjourning a Supreme Court appeal in Papua New Guinea: Order 13 Rule 13, the three-day requirement, and Order 7 Rule 61 on appeals not reached.
Read the answer → No. 76Can I Bring New Evidence on Appeal?
Additional evidence on a Supreme Court appeal in Papua New Guinea: Order 7 Rules 52 to 59, the 21-day and 14-day deadlines, and section 6 of the Supreme Court Act.
Read the answer → No. 77What Happens at a Supreme Court Hearing?
What happens at a Supreme Court appeal hearing in Papua New Guinea: the order of business, extracts of argument, the bench, and reserved judgments.
Read the answer → No. 78How Long Does a Supreme Court Appeal Take?
How long a Supreme Court appeal takes in Papua New Guinea: the fixed deadlines, the monthly listing cycle, what causes delay, and how to expedite.
Read the answer → No. 79What Are the Supreme Court Listings Rules?
Order 13 of the Supreme Court Rules 2012 explained: the Duty Judge, the five lists, summary determination, urgent applications, and the On the Papers List in Order 14.
Read the answer →Judgment, powers and orders
Sections 6, 7, 8 and 16: appeal by way of rehearing, the powers of the Court on appeal, judgments by less than the full bench, and what the Court can order.
What Does “Appeal by Way of Rehearing” Mean?
Appeal by way of rehearing in Papua New Guinea: section 6 of the Supreme Court Act, drawing inferences of fact, and the limits set by the advantages of the trial judge.
Read the answer → No. 81What Orders Can the Supreme Court Make on Appeal?
Orders available to the Supreme Court of Papua New Guinea on appeal: section 16, remitter, new trial, and how to frame the relief sought.
Read the answer → No. 82What Are the Supplemental Powers of the Supreme Court?
Section 8 of the Supreme Court Act explained: production orders, examination of witnesses, referees under Part IV, and the bar on increasing a sentence.
Read the answer → No. 83Can the Supreme Court Decide With Fewer Than Three Judges?
Section 3 of the Supreme Court Act: continuation of an appeal despite the absence of a Judge, when a rehearing is required, and the single Judge's separate powers.
Read the answer → No. 84What Happens if the Supreme Court Judges Disagree?
Divided opinions in the Supreme Court of Papua New Guinea: section 7 of the Supreme Court Act, what happens when there is no majority, and why benches are odd-numbered.
Read the answer → No. 85When Does a Supreme Court Judgment Take Effect?
When a Supreme Court judgment takes effect in Papua New Guinea: finality, the 21-day window under Order 11 Rule 32, sealed orders, and enforcement.
Read the answer → No. 86Can the Supreme Court Order a New Trial?
New trials ordered by the Supreme Court of Papua New Guinea: section 16(e), when a new trial rather than a remitter is appropriate, and criminal retrials.
Read the answer → No. 87Can the Supreme Court Correct Its Own Judgment?
Slip rule applications in the Supreme Court of Papua New Guinea: Order 11 Rule 32, the 21-day limit, the leave requirement, and what is not a slip.
Read the answer →Criminal appeals
Division 3 of the Act: appeals against conviction and sentence, the Public Prosecutor's appeal, references following an acquittal, new trials, and the Registrar's duties.
How Do I Appeal a Criminal Conviction?
Appealing a criminal conviction to the Supreme Court of Papua New Guinea: section 22, the 40-day limit in section 29, and the Registrar's duties to detainees.
Read the answer → No. 89How Do I Appeal Against a Sentence?
Appealing a sentence to the Supreme Court of Papua New Guinea: section 22(d), sentences fixed by law, section 23(4), and the risk of a heavier sentence.
Read the answer → No. 90What Grounds Can I Appeal a Conviction On?
Grounds of appeal against conviction in Papua New Guinea: section 23(1) of the Supreme Court Act, the three limbs, and how they relate to section 22.
Read the answer → No. 91What Is the Proviso in a Criminal Appeal?
The proviso in section 23(2) of the Supreme Court Act of Papua New Guinea: what it means, when it is applied, and how to argue against it.
Read the answer → No. 92How Long Do I Have to Appeal a Criminal Case?
The time limit for a criminal appeal in Papua New Guinea: section 29 of the Supreme Court Act, extensions, death and corporal punishment sentences, and what to do if you are late.
Read the answer → No. 93Can the Public Prosecutor Appeal My Sentence?
Public Prosecutor appeals against sentence in Papua New Guinea: section 24 of the Supreme Court Act, the wide definition of "sentence", and how to respond.
Read the answer → No. 94Can the State Appeal an Acquittal?
Appeals and references after an acquittal in Papua New Guinea: section 25 of the Supreme Court Act, section 26 references, and the reporting restriction.
Read the answer → No. 95What Is a Reference on a Point of Law After Acquittal?
Section 26 references in Papua New Guinea: Order 9 of the Supreme Court Rules 2012, Form 13, anonymity, service, and the acquitted person's right to be heard.
Read the answer → No. 96Can the Supreme Court Increase My Sentence?
Whether the Supreme Court of Papua New Guinea can increase a sentence on appeal: section 23(4), section 8(2), section 27, and what it means for advising a client.
Read the answer → No. 97Do I Have to Attend My Criminal Appeal?
Attendance at a criminal appeal in the Supreme Court of Papua New Guinea: section 9 of the Supreme Court Act, consent, removal, and the Public Solicitor.
Read the answer → No. 98What Does the Registrar Do in a Criminal Appeal?
The Registrar's role in a criminal appeal in Papua New Guinea: section 32 duties to detainees, section 11 referrals, summary determination, and the lists.
Read the answer → No. 99What Is a Case Stated or Reserved Point of Law?
Cases stated and reserved points of law in Papua New Guinea: sections 15 and 21 of the Supreme Court Act, Order 8, Form 12, and service.
Read the answer →Review where no appeal lies
Order 5 and Constitution section 155(2)(b): the inherent power to review judicial acts of the National Court, when it is available, and election petition reviews.
When Can I Ask the Supreme Court to Review a Decision?
Applications for review under Constitution section 155(2)(b) in Papua New Guinea: when review is available, Order 5, and the difference from an appeal.
Read the answer → No. 101How Do I Apply for a Supreme Court Review?
Applying for review under Constitution section 155(2)(b) in Papua New Guinea: Order 5 Rules 1 to 6, Form 5, leave, service, and interlocutory orders.
Read the answer → No. 102What Must I Show to Get Leave for Review?
Leave for review under Constitution section 155(2)(b) in Papua New Guinea: Avia Aihi, Leahy, what an application must establish, and the affidavit material.
Read the answer → No. 103What Is an Election Petition Review?
Election petition reviews in the Supreme Court of Papua New Guinea: Order 5 Division 2, what decisions are reviewable, leave, and the K5,000 security.
Read the answer → No. 104How Do I File an Election Petition Review?
Filing an election petition review in Papua New Guinea: Order 5 Division 2, Forms 5A to 5D, the Review Book, and the directions timetable.
Read the answer → No. 105What Is the Time Limit for an Election Petition Review?
Time limits for an election petition review in Papua New Guinea: Order 5 Rules 14 and 18, extensions, and the full Division 2 timetable.
Read the answer → No. 106Can I Review a Decision of the Supreme Court Itself?
Whether a Supreme Court decision can be reviewed in Papua New Guinea: the limits of section 155(2)(b), the slip rule, and what remains after judgment.
Read the answer →Constitutional references and enforcement
Orders 4 and 6: references under Constitution section 18, special references under section 19, who may intervene, and enforcement of constitutional rights.
What Is a Constitutional Reference Under Section 18?
Section 18 of the PNG Constitution: original interpretative jurisdiction, references from other courts, Order 4 of the Supreme Court Rules, and standing.
Read the answer → No. 108What Is a Special Reference Under Section 19?
Special references under section 19 of the PNG Constitution: what may be referred, the binding effect of the opinion, Form 3, and when the Court may decline.
Read the answer → No. 109Who Can Make a Special Reference to the Supreme Court?
Who may make a special reference under section 19(3) of the PNG Constitution, why the list is closed, and what a person outside it can do instead.
Read the answer → No. 110Can I Intervene in a Constitutional Reference?
Intervening in a constitutional reference in Papua New Guinea: Order 4 Divisions 7 to 10, Form 4, the Statement of Response, and notice to interested persons.
Read the answer → No. 111How Do I Enforce a Constitutional Right in the Supreme Court?
Enforcing constitutional rights in the Supreme Court of Papua New Guinea: Order 6, section 57, Form 6, service, and the relationship with section 58 damages.
Read the answer →Costs in the Supreme Court
Order 12: where the costs power comes from, taxation, the bill of costs, party and party costs, indemnity costs, and enforcing a costs order.
Who Pays the Costs of a Supreme Court Appeal?
Costs of a Supreme Court appeal in Papua New Guinea: Order 12, when costs may be ordered, reserved costs, interlocutory costs, and criminal appeals.
Read the answer → No. 113How Are Supreme Court Costs Taxed?
Taxation of costs in the Supreme Court of Papua New Guinea: Order 12 Divisions 10 and 17 to 39, the timetable, objections, and the certificate of taxation.
Read the answer → No. 114What Is a Bill of Costs in the Supreme Court?
Bills of costs in the Supreme Court of Papua New Guinea: Order 12 Rule 33, the Fourth Schedule scale, service, the one-sixth rule, and objections.
Read the answer → No. 115Can I Get Indemnity Costs in the Supreme Court?
Indemnity and solicitor/client costs in the Supreme Court of Papua New Guinea: Order 12 Rules 5, 11 and 30, and how to ask for a different basis.
Read the answer → No. 116How Do I Enforce a Supreme Court Costs Order?
Enforcing a Supreme Court costs order in Papua New Guinea: Order 12 Rules 9, 36 to 39, entry of judgment, interest, and review of a taxation.
Read the answer →Practical matters
Notice of appearance, address for service, service generally, withdrawal, applications after an appeal is disposed of, the slip rule, and appearing without a lawyer.
What Is a Notice of Appearance in the Supreme Court?
Notices of appearance in the Supreme Court of Papua New Guinea: Order 11 Rule 2, Form 16, timing, next friends, and combining it with a cross-appeal.
Read the answer → No. 118What Is an Address for Service in the Supreme Court?
Addresses for service in the Supreme Court of Papua New Guinea: Order 11 Rules 3 to 7, the 15-kilometre rule, the Document Exchange Box, and changing your address.
Read the answer → No. 119How Are Documents Served in the Supreme Court?
Service of documents in the Supreme Court of Papua New Guinea: Order 11 Rules 4 to 7, the Document Exchange Box, service on the associate, and substituted service.
Read the answer → No. 120Can I Represent Myself in the Supreme Court?
Appearing in person in the Supreme Court of Papua New Guinea: what the Rules allow, the Public Solicitor, the Registrar's waiver power, and the practical difficulties.
Read the answer → No. 121How Do I Withdraw From a Supreme Court Proceeding?
Withdrawing from a Supreme Court proceeding in Papua New Guinea: Order 11 Division 15, discontinuance under Order 7, ceasing to act, and the costs consequences.
Read the answer → No. 122What Can I Do After My Appeal Is Decided?
After a Supreme Court appeal in Papua New Guinea: the 21-day window, sealed orders, costs and taxation, exhibits, and what happens on a remitter.
Read the answer →Acts are amended, and figures and time limits change. Every article names the sections it relies on so you can read them. 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.