SUPREME COURT 

(MISCELLANEOUS AMENDMENTS) RULES 2021

I, Chief Sir Gibuma Gibbs Salika GCL KBE CSM, Chief Justice of Papua New Guinea, certify that, pursuant to Section 184 (rules of court) of the Constitution and Section 41 (rules of court) of the Supreme Court Act, and all other powers enabling, the following Rules, described as “Supreme Court (Miscellaneous Amendments) Rules 2020”, amending the Supreme Court Rules 2012, have been made by the Judges at a meeting of the Judges on 17 December 2020 and shall come into force on a date to be determined by the Chief Justice by notice published in the National Gazette.

Dated this 8th day of February 2021

 Chief Sir Gibuma Gibbs Salika GCL KBE CSM, Chief Justice of Papua New Guinea

* Editorial note: The date on which the Supreme Court (Miscellaneous) Amendments Rules 2021 shall come into force is 1 November 2021 (as determined by the Chief Justice and published in National Gazette No G380 of 10 June 2021).

 Click here to extract: SUPREME COURT (MISCELLANEOUS AMENDMENTS) RULES 2021


 SUPREME COURT (MISCELLANEOUS AMENDMENTS) RULES 2021

EXPLANATORY MEMORANDUM

The introduction of a new Division 2.2 provides for a standard of court dress in the same terms as for the National Court, addressing such issues as collarless blouses, short-sleeved shirts, light-coloured trousers or skirts, yellowed bibs or tabs.

The introduction of a new Division 2.3 provides a formal basis for Practice Directions.

The amendment of Order 5, Rule 2 provides that the provisions of the new Order 7, Rule 62 are to apply also to an application for leave and an application for review from sentence of death.

The amendment of Order 6, Rule 3(e) makes the rule consistent with the associated form. The form provides that it can be signed by the lawyer for the applicant, but the rule is not clear.

The introduction of a new Division 7.23 deals with the situation where a convicted person is seeking appeal or review and is unrepresented, so that that fact is not overlooked, and will be drawn to the attention of the Public Solicitor and perhaps made the subject of a direction

The repeal and replacement of Order 11, Rule 26 is to remove the confusion which the wording of Rule 26 had introduced. It is to make it clear that the application to the full Court from the orders of a single Judge is not a new, separate appeal.

Note that a previous proposal to regulate the appearance of newly admitted lawyers in the Supreme Court so that at least for the first 12 months they are supervised by an experienced lawyer, has been abandoned due to many Judges expressing the view that it would involve an unwarranted restriction of a lawyer’s right to practise lawyer conferred by the Lawyers Act.

JUSTICE CANNINGS
CHAIRMAN, RULES COMMITTEE

Click here to extract: SUPREME COURT (MISCELLANEOUS AMENDMENTS) RULES 2021


 BAIL RULES 2021

I, Chief Sir Gibuma Gibbs Salika GCL KBE CSM, Chief Justice of Papua New Guinea, certify that, pursuant to Section 184 (rules of court) of the Constitution and Section 8 (rules of Court of the National Court) of the National Court Act (Chapter No 38) and all other powers enabling, the following Rules, described as “Bail Rules 2021”, prescribing the practice and procedure of the National Court of Justice regarding the making, hearing and determination of bail applications in accordance with the Bail Act and the Bail Regulation Chapter No 340, and related matters, so as to give effect to the rights under Section 42(6) of the Constitution of persons arrested or detained for offences, have been made by the Judges at a meeting of the Judges on 17 December 2020 and shall come into force on a date to be determined by the Chief Justice by notice published in the National Gazette. *

Dated this 8th day of February 2021

Chief Sir Gibuma Gibbs Salika GCL KBE CSM, Chief Justice of Papua New Guinea


* Editorial note: The date on which the Bail Rules 2021 shall come into force is 1 November 2021 (as determined by the Chief Justice and published in National Gazette No G380 of 10 June 2021).

Click here to extract: BAIL RULES 2021


 DEFENCE FORCE PROCEEDINGS RULES 2021

I, Chief Sir Gibuma Gibbs Salika GCL KBE CSM, Chief Justice of Papua New Guinea, certify that, pursuant to Section 184 of the Constitution and Section 8 (rules of court of the National Court) of the National Court Act (Chapter No 38) and all other powers enabling, the following Rules, described as “Defence Force Proceedings Rules 2021”, prescribing the practice and procedure of the National Court of Justice relating to the conduct of Defence Force Proceedings and related matters, have been made by the Judges at a meeting of the Judges on 17 December 2020 and shall come into force on a date to be determined by the Chief Justice by notice published in the National Gazette.

Dated this 8th day of February 2021

Chief Sir Gibuma Gibbs Salika GCL KBE CSM, Chief Justice of Papua New Guinea

* Editorial note: The date on which the Defence Force Proceedings Rules 2021 shall come into force is 1 November 2021 (as determined by the Chief Justice and published in National Gazette No G380 of 10 June 2021).

Click here to extract: DEFENCE FORCE PROCEEDINGS RULES 2021

 



Commencement of Supreme Court Election Petition Review Rules 2002 (as Amended)

This practice direction is issued by the Registrar in consultation with the Chief Justice.

The Supreme Court Election Petition Review Rules 2002 (as Amended) made by the Judges on the 3rd September 2007 came into force on the 3rd of December 2007.

Copies of the Rules can be obtained from the Deputy Registrar Supreme Court at Waigani or from Assistant Registrars in the Provincial Court Houses and from the National Judicial Staff Services Website as from the 17th December 2007

Dated this 14thday of December 2007.

 

Ian V Augerea

Registrar.