PNG Legal Capacity Building Project - Magisterial Services
386
PNG Legal Capacity Building Project COURT OFFICERS MANUAL Prepared by Papua New Guinea Legal Capacity Building Project inconjunction with NJSS & NJSS Personnel JUNE 2003
Transcript of PNG Legal Capacity Building Project - Magisterial Services
PNG Legal Capacity Building Project
COURT OFFICERS MANUAL
Prepared by
Papua New Guinea
Legal Capacity Building Project
inconjunction with NJSS & NJSS Personnel
JUNE 2003
CONTENTS
CHAPTER 1.0 INTRODUCTION...... ... ... ... ... ... ... ... ... ... ... ... . .. ... ... ... ... ... ... ....1
CHAPTER 2.0 INTERPRETATIONS (explanations) OF KEY PERSONNEL,... ... ... I
CHAPTER 3.0 GLOSSARY OF LEGAL TERMS... ... ... ... ... ... ... ... ... ... ... ... ... ... .. I
CIIAPTER 4.11 GENERAL............................................. ... ... ... ... ... ... ... ... .... 1
4.1 Functions of the Human Resources Division....................................... 1
4.2 Code of Conduct........................................................................... 12
4.3 A Brief History of PNG and the Courts in TING ................................. 13
4.4 Process of Passing an Act of Parliament Flow Chart........................... 16
4.5 Oaths, Declarations and Statutory Declarations................................. 17
CHAPTER 5.11 CHANGED PRACTICES AND PROCEDURES... ... ... ... ... ... ... .... 1
5.1 Daily Diary................................................................................... 2
5.2 Alphabetical Index of Cases..................................................... ........ 4
5.3 Discontinue use of the Internal Register............................................. 7
5.4 Dispose of the Internal Register Flowchart......................................... 8
5.5 Court Regi.ster............................................ ................................... 9
5.6 Court Register Flowchart............................................................... 11
5.7 Outstanding Penalties Register Procedures....................................... 12
5.8 Outstanding Penalties Register Flowchart......................................... 14
5.9 Inspections of Court Registries Instructions....................................... 15
5.10 Inspection of Court Registries Flowchart.......................................... 16
5.11 Discontinuance of Completed Case Number...................................... 17
5.12 Discontiuance of Completed Case Number Flowchart......................... 18
5.13 Issuing of Warrants ofArrest.......................................................... 19
5.14 Forfeiture of Bail Monie.s............................................................... 21
5.15 For Forfeiture of Bail Monies Flowchart................................................ 25
5.16 Conversion of Bail Monies into Fines.................................. ............. 26
5.17 Conversionof Bail Monies into Flowchcut......................................... 28
5.18 Court Hearing Notification............................................................. 29
5.19 Court Hearing Notification Flowchart............. ................................. 32 5.20
Monthly.Statistic.s......................................................................... 33 5.21
Monthly.Stati.sticsFlowchart.......................................................... 36 5.22 Refund of
6.6 Supreme Court archive Schedule ...................................................... 4
6.7 Archive• Bo.cec................................................................................ •
6.8 ds to Port Moresby Court Archive Ur 4 (.9
6.9Filing of Court Files within a Court................................................... 4
6.10 Disposal Schedule.......................................................................... 5
CHAPTER 7.0 SUPREME COURT......... ... ... ... ... ... ... ... ... ... ... ... ... . .. ... ... ... ... ..
1
7.1 Jurisdiction of the Court.................................................................. 1
7.2 Timelines for Service of Documents -Supreme Court................................. 2
7.3 Supreme Court Civil Instruction.................... 6
7.4 Supreme Court Civil Appeal Flowchart............................................. 9
7.5 Criminal Appeals Instruction................................. 10
7.6 Supreme Coto t Criminal Appeals Flowchart..................................... 13
7.7 Constitutional Human Rights Supreme Cottrt lnstructiotts.................... 14
7.8 Constitutional Human Rights Application Supreme Cottrt Flowchart....... 16
7.9 Bail Applications Supreme Cottrt Instructions..................... ............... 17
7.10 Bail Applications Supreme Court Flowchart...................................... 21
7.11 List of hortns................................................................................ 20
CHAPTER 3.0 NATIONAL COURT... ... ... ... ... ... ... ... ... ... .. . ... ... ... ... ... ... ... ... ...
I 8.1 Jurisdiction of the C'ourt-t.................................................................. I
.S. ' Court Fee•.s.................................................................................... 1
8.3 Timelines for Set vices of Documents and Defence................................ 5
8.4 National Cottrt Criminal In.siructions................................................. 6
8.5 National Court Criminal Flowchart................................................ ... 8
8.6 Civil National Court histrttctions...................................................... 9
8.7 Civil National Cottrt Flowchart....................................................... 11
8.8 Appeals National Court t Instructions .............. .... .............................. 12
8.9 Appeals NationalCortitFlowcharl.................................................. 14
8.10 List of Forms............................................................................... 15
8.11 Li,stofArre.stActFornts................................................................. 18
CHAPTER 9.0 DISTRICT COURT... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
.. I 9.1 Jurisdiction of the Court................................................... ............... 1
9.2 Sources ofl'rocedtu-e...................................................................... 2
9.3 Criminal Instruction........................................................................ 3
9.4 Criminal Matters Flowchart............................................................. 7
9.5 Ordinary Summons Instructions........................................................ 8
9.6 Or dinary Summons District Court Civil............................................ 10
9.7 Defaut Summons Instruclions......................................................... 11
9.8 Default Summons District Court Civil.............................................. 14
9.9 CommittalInstructions.................................................................. 15 9.10
Commilluls Flowchart..................................................................
9.11
Taxation Matters In.structions......................................................... 17
9.12 Taxation Matters Flow chart.................................. .......................... 18
'). 13 Appeals from the District Court ......... ...................................... 19
9.1 d Jurisdiction for Appeals to the National Colt t................................... 19
9.15 Appeal Process Instruction............ ................................................ 20
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9.10 Costs and Charges of E.r('rrNion...................................................... 35
V. ?1 'I Timelines for Service o/ Documents and Defences .......................... 3.S
9.21 Defrulls'ummon.s.......................................................................... 39
9.23 List of Forms District Court Ac:t...... ........ .......... ................ ............... 41
9.24 l Forms .................................... . .. . . .. ... .......................................... 45
CHAPTER 111.0 JUVENILE COURT... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....
1 Ill. l Jurisdiction of the Juvenile Court...................................................... 1
10.2 Limitation on,lurisdiction................................................................ 1
10.3 Juvenile court Instructions............................................................... 2
10.4 Juvenile Court Criminal Flowchart....................... ............................ 5
10.5 Children's Court Affiliation Proceedings Instructions........................ 6
10.6 Children's Court Affiliation Proceedings Flowchart............................... 8
CHAPTER 11.11 FAMILY COURT...... ... ... ... ... .. . ... ... ... ... ... ... ... ... ... ... ... ........... I
11.1 Jurisdiction of the Family Corm........................................................ 1
11.2 Family Court Instructions................................................................ I
11.3 Family Court Flowchart................................................................... 4
11.4 List of Forms................................................................................ 5
CHAPTER 12.0 CORONERS COURT...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... I
12.1 Jurisdiction of the Court................................................................... 1
12.2 Coroners Court Instructions.............................................................. 2
12.3 Coroners Court Flowchart................................................................ 5
12.4 List of Forms Coroners Act............................................................... 6
CHAPTER 13.0 LAND COURT......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ............ 1
13.1 Purpose of the Land Disputes Settlement Act Section I.........................
1
13.2 General Jurisdiction of Local Land Courts: Section 26..........................
1
13.3 Land Court approval of Agreements .............................................. .....
1
13.4 Disputes, etc. inextricably involved with Land Disputes Section 29..........
2
13.5 Provincial Land Court.....................................................................
2
13.6 Land Court Instruction...................................................................
3 13.7
Land Court Flowchart.....................................................................
6 13.8 Li•stofP-orm.s...................................................................... ........... 7
CHAPTER 14.11 ADDITIONAL FORMS... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
I 14.1 Bail Act.........................................................................................
1
I4._7 Arest Act...................................................................................... 6
14.3 Summary EjectmentAct Forms........................................................ 12
CHAPTER 15.0 PRACTICE DIRECTIONS......... ... ... ... ... ... ... ... ... ... ... ... •.. ... ... ..
I 15.1 Forfeiture of Bail Monies-District Courts.......................................... 1
15.2 Placing of Court.............................................................................. 4
ACRONYMS AND ABBREVIATIONS
ACM Acting Chief Magistrate
ADR Alternative Dispute Resolution
CDDTS Curriculum Design & Development Training Specialist
CLE Continuing Legal Education
CO Court Officer
COCs Clerks of Court,
DRLC Deputy Registrar Lower Courts
HR Human Resources
HRD Human Resource Development
IPMC Internal Project Monitoring Committee
1'I' information Technology
JEC Judicial Education Committee
KBOs Keyboard Operators
LWOP Leave With Out Pay
LCBP Legal Capacity Building Project
LES Legal Education Specialist
Nil LOL Money in Lieu of Leave
MS Magisterial Services
NJS National Judicial System
NJSS National Judicial Staff Service
PN(i Papua New Guinea
PNGLCBP PNG Legal Capacity Building Project
POM Port Moresby
RCMS Records And Case Management Specialist
SME Subject Matter Experts
SPM Senior Provincial Magistrate
STA Short-Teen Adviser
CHAPTER 1.0 INTRODUCTION
The legal Capacity Building Project (LCBP) is a Project funded by the Australian
Agency for International Development (AusAID). The Project's overall goal is to
increase the responsiveness of the justice system to community needs. A requirement of
the project's Terns of Reference is the production of a procedural Manual for Court
Officers in PNG.
This Manual is the result of this activity on the part of both counterparts and the LCBP in
conjunction with NJSS & NJS counterparts and stakeholders.
Tile Manual has been designed to assist Court Officers in the performance of their duties
and to standardize procedures throughout all Courts in Papua New Guinea.
The Mannal is comprised of 14 topics covering areas such as: a glossary of legal terms
and pluases, changed practices and procedures, archiving, jurisdictional work flowcharts
and accompanying instructions, commonly used forms and Practice Directions. The
Minual also provides instructions on particular areas Courts Officers should be familiar
with, such as: Court Fees, timelines for filing documents and the calculating periods of
imprisonment in default of payment of fines.
Many Court Officers throughout Papua New Guinea contributed to the development of this
Manual and it is opportune to record our appreciation to them for their contributions and
the Manual's development. In particular we would like to recognize the work of the
numerous Registry personnel, NJSS HR staff, Project Counterparts and stakeholders who
each contributed significantly towards the production of this Manual.
We are sure that the Manual will prove to be an invaluable tool for Court Officers in
PNG as they go about their most difficult and extremely important role in assisting
Judges & Magistrates administer justice through the Courts of Papua New Guinea.
David Jefferies Australian Team
Leader Legal Capacity Building
Project
Lohia Raka
Counterpart
June 2003
Chapter 2.0 Interpretations (explanations) of key Personnel
Chief Justice
addition to his other powers, functions, duties and responsibilities as a Judge, the Chief
Justice, after consultation with the other Judges, is responsible for the organization of the
affairs and the administration of tire business of the Supreme Court and the National Court
(other than, except to the extent allowed by or under an Act of tire Parliament, matters
relating to the National Public Service).
Chief Magistrate
The Chief Magistrate of Papua New Guinea is appointed under Section 175 of the
Constitution. The Chief Magistrate is responsible to the Judicial and Legal Services
Commission for the efficient functioning and operation of the Magisterial Service.
Secretary
The Office of the Secretary of the National Judicial Staff Service is established under
Section 4 of the National Judicial Staff Services Act 1987. He is the head of the NJSS
and is responsible for the general working and efficient conduct of the administration of
the NJSS.
Registrar
The Registrar is the manager of all Court Registries in Papua New Guinea. He is
appointed by the Judicial and Legal Services Commission. He is the most senior Court
Officer in Papua New Guinea and has the day to day responsibility for all administrative
and quasi-judicial functions of all Court Officers.
Deputy Registrar
A Deputy Registrars are appointed for each of the three jurisdictions, the Supreme Court,
National Court and District. Court. They come/fall under the direction of the Registrar.
Assistant Registrar
Assistant Registrars are responsible for the administration and functioning of the
Registries of the Supreme and National Courts in provincial centres. Their senior officers
are the Registrar and their respective Deputy Registrars for both the Supreme and
National Courts.
Director Policy and Planning
The Director of Policy and Planning reports to the Secretary of the NJSS. The Director
undertakes planning for organizational change and advises both the NJSS and NJS on
policy issues.
Clerk of Courts
A Clerk of Courts is the manager of the District Court in provincial centres and Sub-
districts clerks of Court manage the administration functions of the District Courts and
answer to the Registrar and Deputy Registrar, District Courts in relation to administrative
matter
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Court Reporting Officers
Court Reporting Officers record and transcribe all proceedings in the Supreme and
National Courts, Leadership Tribunals and some Commissions. The Director of Court
Reporting Services supervises Court Reporters.
Court Attendants
Court Attendants assist the Court by ensuring that Court rooms are kept clean and fidy
and the public in the Court room behave in an orderly fashion whilst the Court is in
session. Court Attendants report to the Chic[ Interpreter.
Interpreters
Court Interpreters fall under the supervision of tire Deputy Registrar of the National
Court. They assist Judge and Magistrates to interpret various languages in court
Registry Clerks
All clerks who work under the Registrar, Deputy Registrar, Assistant Registrar and
Clerks of Court arc known as Registry Clerks. They are responsible for the carrying out
of the various administrative duties associated with their respective Registries.
Sheriff Officers (Execution)
Sheriff Execution Officers are responsible for the enforcement of court orders arising
from Judge's and Magistrate's decisions. They fall under the supervision of the Sheriff
Registrar
Database Operators
Database Operators are responsible for the entering of Court data (information) onto the
Courts databases. They are also responsible for the developing of statistical reports for
senior court officers.
Chapter 3.0 Glossary of Legal Terms
absolute : final (e.g. decree or order absolute).
accused: a person chanted with a criminal offence. Also known as a defendant.
acquitted: a decision by a court that a person charged with an offence is innocent or not
guilty
action: a civil court proceeding where one person sues another seeking some remedy
such as damages (see below) or an order for the other person to carry out some action.
affidavit: a written statement, made on oath in front of a person duly authorized to
administer an oath (e.g. a Commissioner for Oaths) that the contents of the statement
are true and correct.
affirm: (1) To confirm a legal decision e.g. for an appeal court to confirm a judgment
made in a lower court. (2) To promise to tell the truth in a solemn or serious form when
giving evidence or making an affidavit. Any person who objects to making an oath may
affirm instead.
affix: to attach something (usually to another document).
allegation: the assertion or statement of a party to an action (criminal or civil) which he
undertakes to prove during the hearing of the case.
alibi: (from the Latin "elsewhere") A defence to a criminal charge alleging that the
accused was not at the place at which the crime was committed and so could not have
been responsible for it.
allocutus or Allocution. The act of a court asking a defendant as to whether he has any
legal cause to show why judgment should not be pronounced against him on verdict of
conviction or whether he would like to make a statement on his behalf and present any
information in mitigation of sentence.
annexure: an attachment, addition or appendix to a document.
Annul: to state officially or legally that something no longer has legal effect e.g.
annulment of a marriage.
antecedent (that which has happened before) commonly applied in criminal cases where
the court wishes to know the personal background of an accused and also whether any]
prior convictions exist - in order for an appropriate sentence to he handed clown.
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appeal: any proceeding taken by a party from a lower court (e.g. District Court) to a
higher court (e.g. National Court). appellant: one who appeals. Also see respondent.
arraignment: the process in a criminal trial where the charges or allegations are read to the
accused who is then asked to plead guilty or not guilty to the charges contained in the
indictment.
ascertain: to find out or obtain information.
attachment of earnings: (also known as a garnishee) where a judgment creditor (plaintiff)
requests the court to order the employer of the judgment debtor (defendant) to deduct a
specific amount from the wages of the defendant each pay day and the court makes an
attachment of earnings order.
autopsy: (also known as a post mortem) where the coroner orders a medical
examination to be conducted on a deceased person to establish the cause of death.
bankrupt: A debtor whose total assets are insufficient to pay his debts and whose
property is vested in a trustee by the court for division amongst his creditors.
bar: the bar is commonly referred to as tire group of barristers or solicitors forming the legal
profession within a country.
battery: an actual physical assault. A criminal assault can take place without actual
physical contact taking place, so long as a person is threatened and placed in fear.
benficiary: a person who obtains assets or a benefit under a will, which are normally Held
on trust by an executor or the Public Curator
bench: is the place where the Judge or Magistrate sits. The Bench is also referred to as the
person or persons presiding over the Court.
bill: a draft of proposed legislation, which has yet to receive lire Royal Assent.
bill (of costs): A bill of costs is the detailed statement of costs owing by a client or
opposing party for services provided by a lawyer.
bona fide: to do something in good faith or with honest intention.
cause of action: the right to bring a legal action.
cautioned and discharged: warned by the court not to commit the same offence in the
future and allowed to (cave the court without penalty.
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caveat: (Latin: Let him beware) A notice, usually in the form of an entry in register
to the effect that no action of a certain kind may be taken without first informing
the person who gave the notice (the caveator)
certiorari: (Latin: To be informed) (See Writ of
Certiorari)
chattels: any property other than freehold land; e.g. articles of personal
property.
cheque: a written formed signed by the owner of money in the bank for a bank
to pay an amount of cash on demand to the person named in the cheque.
chronology: the date order in which a series of events
happens.
civil rights: private rights, protected by law, of members of society.
class action: an action brought by one person or a few persons on behalf of
a larger group who have a common cause of action e.g. OK Tedi landowners
against BIIP.
client: a person who consults a solicitor ( or other professional person). The term
can also be used for persons who seek assistance from Court Officer e.g. the public,
government personnel.
committal for trial: the process whereby a Magistrate in the District Court
orders a person charged with a serious criminal offence to be tried by a judge
of the National Court. The Magistrate must be satisfied that there is prima
facie evidence before the Court to send the person for trial by the higher
Court.
common law: that part of the law of England, which developed from the common
custom of the country as administered by the common law courts. It can also mean
judgemade law as distinct from statute law or legislation (Act of Parliament).
company: a person or body of persons formed for the purpose of trade or business by
either Royal Charter, special Act of Parliament or registration under [Ire Companies
Act
complainant: A person who alleges that a crime has been committed and makes
a complaint (usually to the police).
concurrent: At the same time (a concurrent sentence is served at the same time
as another sentence).
condition: A provision that some right will depend on the happening of sonic event. In
contract law it is a major term of a contract, which if breached entitles the other person to
reseind or to site for damages. 11 is contrasted with a warranty, which is a term of minor
importance.
consent (order): An order made wills tile agreement of the person against whom it is to
be enforced E.g. a man might consent to orders that he pay maintenance ill a certain sum
for his children Sock an order is a consent order.,.
contempt of Court: can take place where a party refuses to comply with an Order of a
Court.
A party, witness or lawyer may also be held in contempt of Court where they show 2r
disregard for the authority of the Court. If found guilty of contempt a person can be
imprisoned or fined by the Court.
contract: au agreement which gives rise to legal rights and obligations between tire parties
to it and which will be enforced by the courts.
contributory negligence: tile defence in an action at common law for damages
for injuries arising front negligence e.g. workplace accident that the plaintiff's
own negligence directly caused or contributed to their own injuries.
conversion: that tort (civil wrong) which is committed by a person who retains
another's property without permission and with tire intention of depriving them of tire
use and possession of it.
conviction: finding a person guilty of a criminal offence after a trial.
costs: these may also be known as fees, charges, expenses (disbursements). Costs are
usually awarded by the Court to the successful party in a civil action
'I' Ire costs awarded will be based on the Scale or Schedule of costs set out in the Act
applicable to that Court. These are known as Party/ Party costs and will sometimes need
to be taxed (settled) by tire Registrar if they are not specifically set by tile Court.
However a Solicitor will usually charge the client more than that which is set out in the
Scale and these are known as Solicitor/Client costs.
Where (here are Notices of Motion filed prior to the actual case being heard (sometimes
known as interlocutory orders) the Court will be requested to make rulings on such
things as procedural matters and will usually make an order that the party who loses the
mail) case will pay tile costs of the successful party. These are known as costs in the
cause.
coram: a Latin term meaning "in the presence of". It is commonly used to specify
which Judge/s or Magistrate heard the case.
creditor: a person who is owed money.
cross-examination: where tire opposing party cross examines a witness who has
given evidence in chief to test the truth of what has been Stated.
crux: the most important or difficult part (heart) of an issue or a matter.
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cumulative:additional (a cumulative sentence. Commences at the expiration
of a sentence currently being served).
damages: A sum of money awarded by a court as compensation for a wrong clone
by another person or for a breach of contract.
database: information that is stored or an organized way in a computer, or manually e.g.
Court statistics on the number of cases filed and completed in a particular year.
debt: a runt of money owed by one person to another. debtor: a person who
owes money.
deed: a written document signed, scaled and delivered, setting out in full what the panics
have agreed to. It does not require. consideration to be valid.
de facto: existing as a fact, although it may not be legally accepted. e.g. a de facto wife.
defamation An action in tort by one person against another alleging that his or her
reputation has been injured by spoken words (slander) or written words (libel)
defendant: the person against whom a civil action or criminal prosecution is
being brought the person being sued
delegated legislation: regulations, rules and by-laws passed by a subordinate authority,
such as a Local Level Government or a government undertaking like tire Copra
Marketing Board, in reliance of some regulation-making powers conferred by an Act
of Parliament upon it.
deposition: (1) a statement or declaration made by a witness under oath e.g. in coronuial
or committal proceedings (2) the District Court file and other documents forwarded to
The National Court where an appeal has been lodged.
detinue: an action to recover goods based on the wrongful refusal by the possessor of
the goods to restore them to the owner. An action for unlawful detention of goods.
devise: a disposal of real property by a will.
disclaimer: a renunciation, refusal or denial.
dismissed: a charge may be dismissed where the prosecutor fails to convince the court
that there are sufficient grounds to convict the accused
dividend: the interest payable on the public funds; or the payment made out of profits
to shareholders in a company; or the amount payable on each king of a bankrupt's
liabilities.
domicile: the place in which a person is, or is presumed to be, permanently resident.
donee: the person who receives a gilt (donation). donor: the person who gives a gift.
duress: threats of, or use of, force that deprives tire innocent party of exercising their free
will.
ejectment: an action to determine the title to certain land and usually remove a person
(I on] land.
equitable: that which is fair.
equity: fairness and justice:. Originally operated alongside the common law and intended
as a supplement to it, but now incorporated into a single system. It allows tire Court to
make orders other than compensation (damages) e.g. an order for specific performance or
all injunction.
estate: an interest in land. Also used when a person dies to describe their assets
evidence in chief (or examination in chief): All the evidence given by a witness before
such evidence is qualified by cross-examination.
execute: To complete e.g. a contract is completed or executed when both parties sign it A
warrant is executed when the person is apprehended or a place is searched. A warrant or
writ is executed when a levy is made on tire goods of the debtor.
executor: a male person named in a will to carry out the wishes of the deceased person,
whereas a female is known as the executrix.
exemplary damages: damages awarded in excess of the amount needed to compensate.
the plaintiff for injury, awarded to punish the defendant for willful or malicious
conduct. Rarely awarded for breach of contract. E.g. If A sues B for K50, 000 for
assault, and the judge thinks the assault was so vicious B requires further punishment
and he orders him to pay K70, 000, the extra K.20, 000 is exemplary damages.
ex officio: by virtue of his office. It is sometimes common for a person to be able to
attend meetings and vote due to their position e.g. Managing directors may attend
company Board meetings. The term is also used where a private individual seeks to
charge another person with an indictable offence. This must be approved by the public
Prosecutor ex officio i.e. by the virtue of his office.
exparte: an application in a judicial proceeding where only one side is present.
extradition: the delivery up of a person who has committed a crime in one country by
the authorities of another country in which he has taken refuge. An extradition treaty
must exist between the two countries.
fieri facias: (Latin: You should cause to be done) a writ of execution to enforce the
payment of a debt when judgment has been entered against the debtor_
fixtures: anything annexed to the freehold land, (e.g. a building on land) the property in it
immediately vesting with the owner of the land.
franchise: a contractual right given to a franchisee by a franchisor (e.g. Big Rooster
store) to sell goods or services under a franchiser's trademark or business name in a
geographically defined area with no competition from the franchiser's other franchisees.
frustration: the discharge of a contract rendered impossible to perform because of the
operation of external factors beyond the control of tire parties.
garnishee: is an order made by the court compelling a third party such as a bank or
employer to pay money which is due to a judgment debtor to his judgment creditor.
Similar to an attachment of earnings.
gift: the gratuitous (free) passing of property (ownership) in a thing from one person to
another without consideration (something in exchange).
goods: all chattels personal. It is a class of personal property and generally refers
to movables.
goodwill: The advantage arising from the reputation and trade connections of a business,
in particular the likelihood that existing customers will continue to patronise it. Goodwill
is a substantial item to be taken into account in the sale of a business; it may need to be
luotected by requiring the vendor to agree not to set up in the same business for a
stated period in competition with tire business he has sold.
guarantee: a collateral promise to be responsible for the debt, default or miscarriage of
another.
guarantor a person who promises by guarantee to answer for the debt, default or
miscarriage of another.
habeas corpus: A writ used to challenge the validity of a person's detention It usually
takes the form of a Court Order, directing a person who detains another in custody, to
bring that person to Court in order for the Court to decide whether that person was
properly detained.
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hostile Witness: a witness is usually declared hostile by tire Court on the application of
a party to a case where tire witness has made a written or verbal statements, and then
in court gives contrary evidence, or refuses to answer questions in line. wit h the
previous statement. Normally a party is bound by the answers given by their witness,
but if tile ('curt declares the witness hostile the party is able to cross- examine that
witness. ignorantia juris non excusat: ignorance of the law is no excuse.
in camera: the hearing of a case in private where members of the public are not
allowed into the court.
indictment a written document usually filed by the prosecution setting out the charges
Or allcgakous against the accused.
illegal: unlawful or illicit-- au act which the, law
forbids. in lieu: instead of.
incite: urge someone to do something. To stir up.
inquest: an official investigation by the Coroner to establish the cause of death of a person (usually where a person has died from suddenly from unnalund causes) or the cause of a fire.
indictable offence: a serious criminal offence, which is usually dealt with by a Grade 5 Magistrate in the District Court, or where a committal for trial takes place and the defendant is sent for trial by the National Court.
infant: a person under tire age of au adult i.e. a person under the age of 18 year s.
(Note that a child is a person under the age of 16 years).
information a pleading, the first stage in certain criminal proceedings.
infringement: breach- the term is usually used where the 'Traffic Act has been
breached or, other minor crimes such as li ttering.
in a discretionary order or decree issued by a court in its equitable
jurisdiction by which a party to au action is required to do, or refrain from doing, a
particular thing. Injunctions are either restrictive (preventive) or mandatory
(compulsory) and interlocutory (interim) or perpetual.
insolvent: a person who is unable to pay their debts as they become (tile.
interlocutory proceedings: proceedings taken during the course of an action
and incidental to tile principal object of the action. tire judgment.
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inquest: an enquiry or hearing conducted by the Coroner to establish the cause of death,
or a fire.
Joint tenancy: the ownership of land held in common by several persons where on the
death of one joint owner the land as a whole vests in the survivors, and can only be
disposed of by will by the last survivor. Compare tenancy in common.
Judgement: the final outer of a court entered upon the completion of an action
jurisdiction: (1) The power of a court to hear and decide a case or make a certain order.
(2) The monetary or criminal limits (the boundary) within which the powers of a court
may be exercised.
jurat: a section at the end of an affidavit signed by the person making the affidavit and
setting out the place and date it was sworn, and the signature of the witness to the
affidavit.
jury: A group of persons (jurors) chosen at random to decide the facts of a
case. law suit: is a term commonly used referring to a legal action.
lease: a grant of the possession or use of land for a specific period of time. The person
who grants the lease is known as the lessor, and the person to whom it is granted is
known as the lessee.
legitimate: the legal status of a child whose parents were married at the time of his or her
birth. It can also mean "proper" as for example if a person sues another person for
compensation for breach of contract it could be said to be a "legitimate" or proper claim.
liability: a persons present or prospective legal obligation, responsibility or duty. This may
be established by the Court and can arise out of a contractual relationship or possible
negligence.
libel: defamation in sonic permanent form such as writing, film and actionable without
proof of special damages.
liquidated damages: damages that must be paid, in the amount stipulated by contract, in
the event of a breach of the contract.
litigation: the process of making or defending a claim in Court.
locus standi: the right of a person to appear in Court and argue their case.
y
man mandamus A command or direction (rum a superior court to a lower court or tribunal in instruction it to per form a specified public duty e.g. to treat a particular case. (one of original prerogative writs.
mandate: an official order given to someone to perform a particular task.
Mareva injunction: and order wade by the Court prohibiting a person from disposing of property cu assets prior to the conclusion of a case.
mess rea (Latin: a guilty mind). The state of mind that the prosecution must prove a
defendant to have had at the time of committing (Ire crime in order to secure a conviction
minor: a person under the age of 1(i years.
misdemeanor is usually a minor criminal offence dealt with by the District Court motion:
an application to a Court or a Judge for an order directing something to be done in the
applicant's favour. A Notice of Motion commences the proceedings.
mortgage: a conveyance or transfer of real or personal property by a debtor to a creditor as security for a debt.
negligence: a tort, actionable at. the. suit of a person suffering damage as fire result of the defendant's breach of duty to take care to refrain from doing (hose acts, which a reasonable person could reasonably foresee as being likely to injure them e.g. driving a car. A person may also be found liable fin gross negligence
scum dal good non habet no one (;III pass a better title to assets to a person than tire one they have. If A has leased a plot of land from fl for 2t1 years and B sells it to C.', he can only tranfer to ( ' the balance of term 111 of the lease
nisi: an Order Nisi is an order which will not take effect unfit a lapse of a specific period of time or until some other specified act is performed --it will then become absolute (firm( or conclusive). Cg. a garnishee order or a divorce.
nitty gritty: is a slang term used to indicate getting down to basics, or getting down to the bottom of things.
nolle prosequi: in criminal proceedings the Public prosecutor may fife a nolle prosequi to stay proceedings. II. is not equivalent to an acquittal and is no bar to the filing of a new indictment a[ a later date.
nun compliance: where a person fails to obey a Cour t order, usually punishable by Contempt of Court proceedings, a fine or imprisonment.
non legal: a document or an action. which is not recognized as having any legal effect.
18
nuisance: a tort ious action encompassing both those actions drat interfere with the
enjoyment of a right that all members of the community are entitled to (public nuisance
eg. blocking a street), and those actions that result in a wrongful disturbance or
interference with a person's use or enjoyment of land (private nuisance- letting pigs
damage a person `s garden).
nulla bona: no goods. A Writ or warrant is returned nulla bona when the Sheriff finds
drat a judgment debtor has no assets to satisfy the judgment debt.
order: a command or direction by the Court e.g. a decree or judgment.
originating summons: the summons which commences the legal proceedings, such as a
Default summons or Writ of summons
partnership the relation that exists between persons carrying on business in common
with a view to profit.
PNG Law Society: the controlling body for lawyers on the etiquette and practice of the
Bar.
performance: doing what is required by a contract or condition.
Also see specific performance.
pleadings: the written documents, which are exchanged between tire parties in a civil
case, which define the issues in dispute and ultimately make up the Court file. They
contain the facts and evidence to be relied on by tire respective parties to tire case.
post mortem a medical examination performed on the body of the deceased to establish
a cause of death. Also see autopsy.
power of attorney: an authority, usually under seal, whereby one person empowers
another to act on their behalf for certain purposes- usually when they are ill or
overseas. praecipe: a special form of Writ or legal document which commences an
action. preamble: that part of a statute set out in the beginning giving the reasons for
the Act. precedent: a judgment or decision of a court of law cited as an authority for
deciding a similar set of facts in later cases.
prerogative writs: writs issued from a superior court to an inferior court or administrative
body for the purpose of preventing them from exceeding the limits of their authority, or
compelling them to exercise their functions in accordance with the law. These writs
include: (1) hubeas corpus; (2) certiorari; (3) prohibition;
(4) mandamus.
19
prima facie At first appearance, on the face of things. Prima facie evidence is evidence
of a fact that is of sufficient weight to justify a reasonable inference of its existence but
is not conclusive evidence (although it might be).
probate: the official process of proving that a will is valid that.
probation: a person may be placed on probation when a court has found him guilty of a
criminal offence. The probation order usually provides for supervision of that person for
a period of time and may contain other conditions. This will usually be done to avoid
sending the person to prison
pro bono: a term commonly used when a lawyer performs legal work for a person
without charging a fee.
pro rata: proportionately
prohibition: a writ issued out of a superior court to restrain a lower court from exceeding
its powers.
prosecutor: a person who takes proceedings against another person in the name of the
Crown -- usually the police or Public Prosecutor.
prosecutrix: usually the female victim of persons charged with unlawful sexual assault
(e.g, rope or carnal knowledge
pro rata: proportionately.
provocation: is sometimes raised as a defence in a murder trial to reduce the charge to
the lesser charge of manslaughter. The accused will argue that he was provoked by the
deceased to commit the killing.
quantum: a latin term meaning "as much The term is commonly used in civil damages
cases where the amount (or quantity) of damages is ordered by tile Court. quasi -.judicial:
the exercise of discretion and the making of a decision in a judicial manner, such as that
made by an administrative tribunal i.e. semi judicial.
quorum the minimum number of persons that constitutes a valid formal
meeting R of Regina: the Queen
R or Rex: the King.
ratification: the act of adopting a contract by a person who was not bound by it
originally (ratify).
20
21
ratio decideni the reason for a decision and which makes binding procedent lire the
futune
real property: a general term fox land and everything attached to it.
recognizance a legal obligation or a bond acknowledged by a defendant to secure
the performance of some act or acts by the person entering into the recognizance
e.g. to appear in court, to be of good behaviour or to keep the peace.
remand: to adjourn a hearing to a later date, and to order the defendant to remain
in custody, unless bait is granted i.e. remanded in custody.
remission the reduction of a term c f imprisonment (sentence) by administrative action
alter the sentence has been imposed by a Court. It may be given automatically by the
prison authorities or may he given by the parole board. It may be given where the
prisoner has been of good behaviour whilst serving the sentence or may be
automatically imlwscd.
rescission termination of a contract by one or both parties
(rescind) rescind: cancel e.g. a court order or a contract.
res iudicata: something which has been legally decided. respondent: a person against
whom an appeal is brought. restitutio in intergrum restoration to the original position.
An equitable remedy available in rescinding a contract whereby the parties will be
restored to the position they were in before they entered into the transaction
sentenced to the rising of the court: A sentence of imprisonment until the court finishes
it's sitting that clay. Usually the court is said to be finished as soon as the sentence is
imposed.Thus no lime is actually served. It is a sentence, which enables a conviction to
tie recorded without the offender actually serving any period of imprisonment.
set-off: is similar to a counter-claim in a civil action
sequestration an action whereby a persons property is taken out of their control. e.g.
in bankruptey proceedings
sheriff a court officer employed to .serve writs, make arrests and executions on
the property of judgement debtors-See the Sheriff's Act Ch. 55
22
sine (lie: Until the day appointed. A court is adjourned sine die when its current sittings
have been completed and the date for the next sittings has not been fixed. A matter is
adjourned sir, die when it is adjourned without fixing a date for the farther hearing.
slander: defamation of a non-permanent form, such as words and gestures. It is
actionable only on proof of special damage.
specific performance: an equitable remedy compelling a person to carry out their
contractual obligatious where damages would be an inadequate remedy for the breach of
an agreement. It is not obtainable for contracts of personal service.
stakeholder: a person or organization who has an interest in the outcome of a matter.
stare decisis: to stand by that which has been decided. A case decision serves as a legal
precedent in the deciding of a subsequent similar case.
statute: an Act of Parliament; a law passed by the legislature.
statute barred: the frauds and Limitations Act 1988 specifies that certain legal actions or
proceedings must be brought within a certain period of time. E.g. any action for breach of
a contract or an action in tort for damages for negligence must be brought within six (6)
years from which the cause of action accrued Once the six years expires the action is
statute barred unless the Court extends the time.
stay of execution: commonly occurs where a person has lodged an appeal against a
decision and seeks as order that any enforcement be deferred until the appeal is heard.
sub judice: under judicial consideration. Thus the sub judice rule limits comment and
disclosure relating to judicial proceedings in order not to prejudge the issue or influence
the jury.
subpoena: a summons or Writ in an action requiring a person to appear or attend at the
court or tribunal at a specified time and place to give evidence and/or produce
documents.
summary offence: a minor criminal offence, dealt with in a lower court- District Court.
simulations: a writ served upon a defendant to secure their appearance in court.
surety: any person who offers security for another e.g. a person who agrees to forfeit a
sum of money if another person fails to appear at court in answer to bail.
testator or testatrix: the title given to a deceased person who has made a will.
tort: a civit wrong (negligence, trespass, defamation)
I
tortious defence: A dclence to an action for tort.
Trespass: a tort involving the wrongful infer interference with the person or
properly 0f another and including:
trespass to the person----assault battery and false
imprisonment; trespass to land; and trespass to goods.
(rust: an equitable obligation involving the holding of a property for the benefit of
another person
trustee: a person holding a legat title or exercising a control over the disposition of
property for the benefit of others.
ultra vices: beyond legal power. An act in excess of the authority conferred by law,
and therefore invalid e.g. where a company director acts outside the rules of the
company. perpetrator: a person who commits a crime or does something wrong or evil.
vest: to give legal rights. E.g. after Probate of a will is granted and the assets
are distributed to the named beneficiaries legal title to those assets are vested
in the beneficiary
vexatious litigation: a legal action brought purely for the sake of annoyance or
oppression which is usually trivial, frivolous or scandalous and without substantial legal
foundation
vicarious: "As the representative of".
Vicarious liability is a legal liability imposed on one person for the torts or climes or
wrongs committed try another (usually an employee but sometimes an
independent contractor or agent) although the person made vicariously liable is 1101
personally at fault. violation: to go against (breach) die law or an agreement.
void: (void ab initio) of no legal effect.
voidable: a defective agreement, which may be affirmed or rejected at the option of
one of the parties.
voice dire: an examination of a witness on the voice dire is a series of questions by the
Court and is usually in the nature of an examinations to his competency to give
evidence which generally takes place prior to the person giving evidence in chief.
E.g. the competency of a child to give sworn evidence.
volenti non fit injuria voluntary assumption of the risk or that to which a person consents
cannot be considered an injury- e.g. sporting events where a person is injured. A
tortious defence (see above) applicable to intentional acts that would otherwise be
tortious, such as boxing and running the risk of accidental harm which would otherwise
be actionable as negligence - such as watching car racing.
warrant: a legal document usually signed by a judge or magistrate and sometimes sealed
by the Court authorizing a specified person to perform certain acts. E.g. Search Warrant
(authorizes the Police to enter premises to search for specified items), Warrant of Arrest
(authorizes the Police to arrest a person and bring him before the Court), Warrant of
Execution -similar to a Writ of Levy (authorizes the Sheriff to seize and sell the assets of
a judgment debtor), Warrant of Commitment (authorizes the police to apprehend and
arrest a person and deliver him to Correctional Services to serve a term of imprisonment
in lieu of payment of a fine or other penalty), Warrant of Remand ( authorizes
Correctional Services to hold a person in custody pending the hearing of a criminal case,
if bail has not been granted.
will: a written document made. by a person during their lifetime, disposing of
their property upon their death.
winding - rot): the putting into liquidation of a company or partnership for the purpose of
realising (selling) the assets and discharging the. liabilities of the business
witness: an individual who testifies under oath in a legal action
writ: a document in the muse of the Queen issued by a court or all officer of the Crown
commanding the person to whom it is addressed to do or stop doing a particular act. E.g.
a Writ of Summons usually commences the legal .
writ of certiorari: an order from an appellate court to a lower court requesting the record of
a case that is to be reviewed by the appellate court to he produced to the appellate court.
24
ACKNOWLEDGEMENT (TOK HAMAMAS)
Dispela hap buk (Ligel Gloseri) bilong painim aut na kliam tingling long of sampela
hap toktok na tingling aninit long het tok to i bin, pastaim tru, kamaut long tok
Inglish. Em wanpela hap wok of wokman long Australia (Legal Capacity Building
Project) i bin wokirn na kamapim dispela buk olsem sampela kain tut we ibin sanbai na
givim strong long of tupela kain spesel skul bilong of wok man-meri bilong kothaus.
Dispela tupela skul em we of dispela wokman (project) ya ibin igo pas long wok painim
aut na kamapim.
Dispela wok painim aut, na mekim kamap bilong dispela tok-pisin buk, em wanpela wok
bung bilong olgeta Kot Ofisa bilong Nesinol Judisel Staf Sevises, taim of i bin go kisim
skul we of project long Australia ibin givim. Long dispela taim olgeta Kot Ofisa i bin
tok ant long hap tok na tingling we of i ting imas igo insait long dispela buk. Na of to
em of lain ya we of i bin askim project long kamapim bilong dispela tok pisin buk na we
olgeta Kot Ofisa iken kisim wanwan.O1 tingting kirap na halivim bilong of dispela ofisas
ibin gutpela tru na dispela olgeta hatwok bai sanapim wanpela nambawan hap samting
(buk) we olgeta wokman-meri bilong kothause iken usim.
Wok halivim bilong of dispela lain we of ibin galasim na pinism dispela wok, na bihain of
i tainim tok Inglis igo long tok-pisin, ibin winim bikpela bet hamamas na tok tenkyu
tru:
Honourable Mr. Justice Salamo Injia Associate to Justice
Injia Mr. Kako Sarufa Court Registrar and Principal
Counterpart Mr. Lohia Raka Deputy Registrar lower
Courts Mr. Clivson Philip Principal Interpreter Mr.
Jimmy Rupa
Court Interpreter Christopher
Santo Court Interpreter Cathy
Atip
May 2003
25
Absolute:
Olsem las kot oda long pinisim kol isem long pinisim marit
olgeta. Accused:
Man of i salim tok long kamapim tarabol, na i kamap sanap long kot
Acquitted:
Dicisen bilong kot, we wanpela man or meri of polis i sasim aninit long krirninal lo, na
kol i painim em ino Tong, na kot i rausim em long sas na larim em i go fri.
Admirality Marshall:
Man husait em i got pawn aninit long lo, husait i ken arestim of sip na
hot. Action:
Civil kot kain okem kot long bilong compensation long mani and graun bilong moni we
man or meri i kotim narapela na i laik kot i halipim em long givim mak long pe or arapela
oda long narapela man long karim ant wok promis aninit long koutrak.
Affidavit:
Stori of raitim i go daun long pepa, bihan long man or meri i promis antap long buk
baibol long ai bilong kommisiner bilong oath, long wanem sumting em i raitim em i tru
olgeta long name bilong God.
Affirm: I got tupelo mining na, i olsem
1) Taim nasenal kot i tok orait long disisen bilong districk kot long apil na sern long taim
suprim kot i tok orait long Lo Konfirmim wanpela kot disisen, e,g a'pil kot i konfirmim
jasment bilong kot tambilo
2) Promis long tok tru aninit long stronpela tintin na rot bilong kamapinr toktok insait
long kot, dispela save kamap taim man i givim stori long kot bihain long promis antap
long baibol.
Affix:
Olsem putim mak or seal bilong kot long kot pepa
Alibi:
(I kain long tok latin taint of i tok stapwe/stop long narapela hop) Toktok tarabol man i
kamapinr long difenim em yet taim em itok em i no stap long ples we tarabol i kamap
na long dispela taim tarabol i kamap, em i no kamapinr tarabol.
Allocutus:
Em i rot kot i bihainim, we taim kot i painim wanpela man or meri we i wokim trabol
pinis. kot i givim em sans long wokim sampela toktok long wanant kain nickint save em i
laikim kot bai givim em, bipo long kot i tintin long salim em go long kalabus,
is
Appeal:
Wanpela rot long kot wae, man or meri ken kamapim long bikpela kot taim of i no
wanbel long decision bilong kot tambolo
Arraignment:
Taim kot i putim sas igo long manor meri of gavman i tok sutim tok long makim
trabel, na askim em long em i tru em wokim dispela trabel or nogat.
Ascertain:
Painim ant long wanpela
samting. An Annexure
Gm olsam putim smapela kot pepa long sapotim tok stori long
affidavit. Bar:
1 gat tupela mining;
1) Nem bilong wok bung bilong of loyer
2) We kot or to is pasim rot bilong mekim sampela samting.
Bankrupt
Man dinau, ino gat inap somtin or mom long baim bek dinau na kot I kisini of samtin or
moni em I gat na putim long trustee (was man bilong of sam tin or moni kot I markim)
we dispela trustee i ken sikelim good namel long olgeta man meri em I dinau long, en
[Iona fide:
Man or meri igat gutpela or suet pela ting ting taim em i mekim wanpela toktok or
wok. Bill:
Lo of i kamapim long parlimant we of i writim pinis, tasol haul Parlimen or mans man
bilong queen i no givim orait long dispela to ye.
Bills (of cost):
13m i hap pepa we man, loyai or Kampani i kamapam we i gat mak bilong pe long wok
of I wokim pinis na of it putim I go down long dispela pepa
Cause of action:
Raitpela rot bilong to long bringim heve ikam long
kot. Cautioned and discharge:
Womin kot i givim long man i kamapim tarabel long noken kamapim or go insait long
tarabel gen long bihain taim, na kot iken Iarim em 1 go fri
27
Caveat:
(Tok latin; larim em long Ink save) dispela em natis we of i kamapim na registim, we
man i no nap kamap kes natin long kot, tasol pastaim em i mas givim notis igo long man
husait i givim notis (ol kolim caveator Ion tok latin)
Certiorari:
(Tok latin givim toksave) (Lukim writ of certiorari)
wanpela kain oda bilong bikpela kot we em i kisim ikam decision bilong kot tamblo na
rausim em.
Chattel:
Smapela samtin istap long haul or granun bilong wanpela man or meri of propati we i no
regista, or kastomari graun; eg of samtin/propati bilong yu yet.
Cheque:
Em wanpela pepa bilong beak, we was papa bilong moni save sainim taim em laik kisim
moni Ion beak or em i laik peirn narapela man or meri.
Civil Rights:
Em of rail bilong yumi aninit long lo.
Class action:
Em kain eksen em wanpela man o sampela liklik lain I wokim long nern bilong wanpela
bikpela grup husait 1 gal wankain tingling long wokim (eksampel of papa graun bilong Ok-
Tedi I kot wantaim 13.11.1'
Common Law:
Gm hap to bilong England, em olsem wanpela kastom i kam long England na of i save
yusim koman to kot yet em i min to olsem jas i mekim dispela to na i narakain long to of i
woki m long palamen.
Company:
Wanpela man o sampela lain pipel I bung wantaim long wok olsern kampani long
rnekim bisuis aninit long ROYAL CHARTER, to bilong palamen. (Campani Act).
Complainant:
Em man husait i mekim komplein long narapela man na komplein i go long of polis taint i
gal trabel i kamap.
Concurrent:
Lam wankain taim (Taint of i tok konkarent sentens, em i min olsern llamas taint yu
kisim bilong karabus bilong sas na narapela karabus yu kisim long narapela sas em yu
ken sevim long sam taint tasol.
28
Condition:
Wanpcla wok mak, wanpela sail long konlrak or agrimen i tok orait long mekim. Sapos of
i no mekim dispela wok narapela man i ken kotim of long of i brukim agrimen bilong
kontrak
Consent (order):
Em kot oda of i wokim wantaim tok omit hilong narapela man husait i kot wantaim em;
eksampel em sapos wanpela man i tok omit olsem of i ken peim sampela mom olsem
meintenens pei bilong pikini sapos tupela wantaim i tok omit, em I kolim " Konsent oda".
Con(] Contract
p m wanpela tok orait i slap long tupela pati or grup long of i wokim we kot i luksave long
en
Contributory Negligence:
Em i wanpela kain rot we aninit long komon to we man i kisim bagarap olsem long ples
bilong wok, na dispela bagarap i bin kamap bikos of yet ino bihinim stret gutpela pasin na
ling ting taim of i stap long en.
Conversion:
(Rong Kamap long sivil kes) dispela rong i kamap long taim wanpela man holim natin
somtin bilong narapela man or meri husait em I papa bilong clispeia samting na papa
bilong dispela samting em i no givim tok olrait long em, na em i kamapim dispela somtin
bilong em yet.
Coram:
Narapela nets bilong soim nem bilong husait mayistret or jus; harim kot
Cost be in the cause:
Husait man or merilus long kot baim kot cost bilong husait man or meri winim kot.
Creditor:
Man or meri husait of i dinau moni long narapela man or meri.
Cumulative:
Putim i go antap (Cumulative sentence save kamap long mere bilong sentence man or meri
I %tap long gen.)
Damages:
Mak moni kot i mekim olsem kompensation long rot) narapela man i kamap taim long
em.
Debt:
Mak moni narapela man I holim slap olsem dinau moni we em bilong papa bilong mom.
Debtor: man we I dinau long moni.
29
Deed
Fill wanpela hap pcpa of writim pinis long en na of i sainim, putim sit na givim i go.
Insait long dispela hap pcpa em i tog ant long wanem tupela sail of i wan bet long en
Dispela rot bilong sikelim i no nap gulpela sapos of pcpa i no stag suet.
Defamation:
Hap rot insait long civil roll we wanpela man i ken birinim got long narapela, taim of i
bagarapim nem bilong em insait long kominuti long of loktok of i kamap or of toktok of
i raitim
Defendant:
Man or meri husait of birinim 1 kam long got or of t kotim em long got, em to rot bilong
kamapim sivil or kriminal got.
Delegated legislation:
lam i rut, hi lo or regulation wanpela sampela kain bodi olsem palimaut i kamapim,
dispela kain pawn bilong kamapim of gain rut or bi-lo em i kam aninit long wanpela act
bilong palimant, we i givim omit long of lain olsem local level government, or of lain
makim government olsem kopra maketing board na sampela arapela.
Detinue:
Em rot insait long got we wanpela ken kisim gen of geta samtin, antap long rot we roll i
kamap taim man we i kama kisim of samtin, i roll long laden or givim beg of samtin.
Dispela em i rot bilong kamap got taim of man i no bihainimai strelpela rot long kam na
kisim of samtin i go.
Devise:
Rot long pinism heve real pro property - insait long rot bilong
kamapim will. Disclaimer:
Pasin i no laik, pasin hilong tog
haitim Dividend:
Interest of save peim antap long pubik fun or payment of I kamapim antap long profit
taint paim of shareholder bilong wanpela kampani; or amount of l paim antap long
wanpela wanpela kina insait rot bilong paim beg bilong bankrupt's.
Domicile:
Ples we wanpela man or meri i
stap. Donee:
Man we i kisim samtin fri em i no baim (donation). Donor: man we i givim samtin fri
long narapela man or meri.
Duress:
Tok poretim usim fos fos we stopim man kamap laik bilong em.
30
Ejectment
Em wanapela eksen we papa bilong graun rasuim man nating slap long graun bilong
em. Equitable:
Olsem samtin em i
fair. Equity
Samtin we i fair na just. Pastaim tru save wok wantiam koman lo na of save tintin olsem
clispela bai senisim, tasol as of i bumim long wan pela system.
Estate
Graun, haus or sampela samting bilong wanpela man istap or idai pinis .
Evidence ill chief
()I geta stori witness i givim, pastaim long we bilong ronim kot of kolim long kros -
examinasion.
Execute:
Long pinisim (talc piksa) pinism bilong wanpela lcontrac or long karim nut taim tupela
sait i wanbel na sainim kontrac. Warrant to of i save executim taim of i laik oli passim
wanpela man or go sekim wanpela ples. Writ to of i karim ant taim levy of i kamap long
of samtin of kisim long debtor.
Exemplary damages:
Kompensasin kot i givim go long man husait i winim kot we em i aburis im mak bilong
baim of kompensasin man i kisim kot kas i kam long bagarap cm anim, em i pai long givim
mekim save long defendant long pasin em i kamap we em i no wari long narapela man or
meri. Dispela kain rot i no save kamap tunas long taim to pela Bait i burukim kontrac.
(Tok piksn) sapos "A" i kolim "B" long mak moni olsem K50,000 long patim em na jas i
tintin olsem dispela patim i bikpela tunas na uoigat gutpela as, na "B" mas kisim sempela
nor mekimsave nau bai jas i odarim em long paim K70,000, em i 20,000 antap, clispela of
calim exemplary damages. Dispela antap moni em kot i givim long panisim "A".
Exparte:
Em i wanpela kain rot bilong birinim kam kot kas long kot, we wanpela sail tasol i save
kamap long kot.
Fieri facial:
(Tok latin; yu mas kamap long wokim wanpela writ of execution long kamapim peiment
long dinautaim jasnent of i enterim pinis againstim man i dinau.
1 Fixture
OI samtin we i come wautailu giraun Tok piksa olsem house long clispela giraun) wanem
propeti i slap wantaim giraun i ... ... wantaim pepa bilong giraun. 31
Franchise
Konliac rail ol i givim i go long waupela franchisee (Olsem bik Rooster ,;[()a)
loll salim
olsamtin aninit long trademak or bisness nem bilong dispela franchiser's insait long Ales
we no gal kompetiisen i karn long al arapela franchiser's wantaim of of i putim
franchisees frustration:
Pasim bilong korrtrac we i sowim olsem i nonamp wok, olsem long ronim bilong sampela
sarutin autsait we aburusim mak lukautim bilong tupela sait long korrtrac .
Gill:
Taim waupela i givim bilong wan pela samtin i go long narapela man na i no long tintin
long narapela man mas bekim na givim, olsern givirn natin
(.:orals:
OI geta samtin man i gat. Em i of liklik sarutin bilong man we em ken karim i go tairn em
i go long narapela hap
Good will:
Fm olsern gutpela nem bilong waupela trade. or bisnis, dispela krill rot or pasin save,
insait long sampela kain rot we of kastomer we i stap hamamas na i nap kam long bihainim
yet. flap tok good will em i waupela rot olsave skelim taint of I lukluk long salim bisnis,
dispela of i ken lukautim of i likim vendor long wanbel long noken kamapim sampela kain
bisnis insit long sampela taim of i makim long en taim em i salim bisnis long ol.
Gross Negligance
Bikpcla ion we man or meri ino save lukluk of tingim gut taim em i mekim roll long husait
man or mcri i stap klostu long em.
Guarantee
Em i waupela kain rot promis waupela ken Kamapim long pairn Lock dinau bilong em or
bilong narapela, taim em ino bekim.
Guarantor:
Man husait i wokim promis long was long narapela husait bihainim na yesa long dinau,
taim narapela i no kamap.
Habeas corlms:
Kot oda long kalabusim na birinim kam bodi waupela man or mcri ikam long kot.
Hostile witness:
Wanpela wisnis husait em ino helpim husait sait em i singautim na kisim em ikam long
kot long givim stori long.
Ignorantia juris nonexcusat:(Tok latin)
32
Olsem mart or meri i no luksave long lo, dispela i no inap givim x-kus long kamapirn
tar tarabol .
In camera:
Harim Hong kot we i karnap long private, we pubik i no nap go na harim
Infant:
Man or meri aninit long krismas bilong of bikpela, em i slap aninit long krisma to I
makim long krismas 21 ,7 8 na 16.
Imperial:
Samtin ikam long han bilong King na
Queen Information:
Tokaut: Dispela hap insait long ronim bilong sampela kriminat
case. Injunction
Dispela em save karnap taim magisrate or jas i usim pawn bilong em taim em tinim
wanpela sail of i karnap long kot na of i lik stopim narapela sait long kamapirn sampela
kain ron samtin Injunction of i rot bilong stopim (bai i no nap karnap) or mandatory
(minim olsenr; i mas ..) na interlocutory ( minim; liklik taim tasol bi i ken karnap or stap)
Insolvent:
Man we i no nap peim dinau kot i makim long
em. Joint tenancy:
Dispela em palanti papa long wanpela giraun, we taim wanpela i dai bai of narapela i stap
olsem papa bilong giraun yet, dispela i ken senis taim Jas pela papa giraun i dai, of bi
pinisim long rot bilong karnap will. Em i narapela kain long "tenancy in common".
Judgement:
Dispela em i decisen or oda bilong kot taim of i kamapirn long arere or pinisim harim
bilong kot.
.Jury:
Qt lain man or meri natin (jurors) of makirn of long kam na harim kot na sikelim of stori
bilong of winis i givim long kot.
Law Suit:
Olsem man or meri filim kot pepa kotim narapela man or
meri. Lease:
Fm i tokorait pepa bilong giraun or haus i givim long narapela long sindaun long giraun
or haul tong sampela krismas or tairn we of i makim. Man husait i givim kain tok omit, of
kolim em olsenr- lessor, na man husait i kisim dispela tok orait, of kolim em olsenr
lessee.
33
Legitimate:
OI pikinini bon insait long stretpela marit bilong papa na mama bilong
pikinini Libel:
Em I kamap we gutpela nam bilong man or meri I kisim bagorap taim wanpela man or
meri ritim pepa olsern leta pas buk na piksa.
Liquidated damages:
Kompensasen kot tok of i mas baim, insait long mak moni of putim insait long kontrac
pepa, sapos long bihain taim wanpela i laik burukim banis bilong kontrac.
Litigation:
Pasin bilong bringim heve ikam long kot long
stretim Litigant:
Wanpela man or meri husait istap long kot pinis long kol iken stretim heve bilong
em. Mandamus:
Wanpeta komand or kot oda bilong kamapim wok or samtin we i kam long bikpela kot
hantap i go long kot tambolo or tribunal wanpela boss man or meri longwanpela gavman
dipatmen long kamapim kain wok we bikpela kot antap i laik. (Tok piksa long harim gen
wanpela case) bilong of original prerogative writs.
Mens rea: (Tok latin- guilty tintin)
Em i olsern tingling bilong man or meri i gut laik or save long trabol or brukim
to Minor:
Man or meri aninit long 21 pela
krismas Mitigation:
Sampela gutpela tok manbrukim criminal to or loia bilong em wokim long helipim
trabol man long daunim mekim save.
Mortgage:
Em i rot we man i dinau i ken putim of samtin olsem haus, giraun or sampela arapela I
go long of creditor olsern sikriti taim em I kisim dinau.
Negliegence:
Em i ron aninit long civil ron, we man i nap kotim narapeta man, taim em i kisim
bagarap long ban bilong narapela man husait em ino luksave gut long samtin.
Nemo dat quod nonhabet:
I no gat man i nap long givim gutpela or raitpela kain title bilong of samtin i go long
narapela man na long title of i holim. (Tok Piksa) sappos "A" (leasim) larim "B" long
kamapim bisness long hap giraun bilong em olsem 20 pela krimas na "B" kirap na salim
i go long "C", em ken transferim tasol i go long "C" wanim i stap yet long dispela lease,
Em l no inap tranferim title bilong giraun bikos em inogat title long dispela giraun.
Nitty Gritty:
OI liklik samting long of pikpela
samtin. Non Compliance:
Man or meri em ino bihainim tok istap long to or kot oda or
kontract. Non Legal:
Em of samting em I no inap kotim narapela long en bikos em ino slap long wanpela
lo. Notice:
'roksave wanpela man or meri I mas givim long narapela sapos em. Laik bringim em
ikam long kol.
Nuisance:
Em olsem wanpela man or meri 1 ken to kolim narapela sapos narapela I stopim or
mckim nambaut laik sindaun bilong em insait long haus, property, or ples em I save
sidaun long CH
Originating Summons
Wanpela kain kot summon of filim long nasonel kot taim kain kot em bai kisim sot pela
hikos of rait bilong em tok narapela i bagarapim i stap long lo
Partnership:
'Two pela or tripela man samting I bungim mani na wokim bisinis dipela pasin proman
we i stap namel long of man, meri husait I kamapim wantaim bisness na wanpela tintin
long kamapim mor profit.
PNG law Society:
Dispela em bodi we i lukautim of loa, na we of karim out wok bilong of long publik taim
of I praktis long bar.
Performance:
Kamapim wok or tintin kontrac or tok banis i laikim bai yu kamapim. Lukim to
tok " Specific performance".
Power of Attorney:
Em wanpela man or meri ritim wanpela pepa long mckim narapela long mckim
sampela wok bilong em, olsem signim kontrak.
35
Preamble:
Em i wanpela hap bilong tok "statute" we i tokaut long start we i givim astintin
bilong Act.
Precedent:
Em i jasment or decision bilong kot, we i tokaut long atoriti long sikelim sampela kain
stori na we long of case we bi kam bihain.
Prerogative writ:
Kam lung equity to bilong England, I ken lo or kot oda, marimari bilong queen
long stretim heve bilong man or meri husait em I no inap kisim helpim long
komman to. Prima facie:
Dispela wod em yu ken painim insait long criminal na civil cases. Em i wanpela evidens
wod na min olsem magistrate or jas bai lukim evidence long pes bilong em yet or long
strong bilong em yet long pasin bilong skelim wanem samting dispela evidens iken
kamapim. Taim magistrate or jas 1 lukim dispela evidens em i no lukim em olsem last
strongpela evidence. Em i lukim long pes tasol bilong evidence or case bilong
komplenant or polis na kamapim painin out tinting long wanpela as tingting em kot imas
skelim na makim disisen.
Prohibition:
Dispela em wanpela writ of samons em nesenol kot o bikpela kot i save givim long pasim
of liklik kot olsem distrik kot long ino ken makim of order autsaite long pawa bilong em.
Fm wanpela kain prerogative writ.
Prosecutrix:
Dispela em nem bilong meri husait i kotim man insait long sas bilong rape or pasim
bilong man silip wantaim meri tambolo long kritmas olsem 16 krismas.
Pro-rata:
Pasin bilong sikelim wankain long olgeta wanwan
hap. Provocation:
Pasin bilong wanpela man or meri I kirapim tingting or belhat bilong narapela na
mekim narapela kamapim trabel or pait long en.
Quantum:
Mak hilong mani kompensasen
Quasi-judicial:
Em pawa siaman or lida bilong o1 administrative tribunal i gat long mekim of decisen we
ino tru kot bodi tasol olsem hap tasol olsem of leadership tribunal or NJSS appils
tribunal. 36
Quorum:
Em namba bilong of memba husait iken kamapim na holim miting long taim sapos olgeta
membas ino kamap. Sapos dispela samba bilong of membas ino kamap em bai miting ino
inap kamap.
R or Regina:
dispela em leta "R" minim nem bilong Queen bilong Englau. Bai yu painim dispela insait
long of olpela englis to repot bilong 1975 na taim igo bek lusim de bilong independence
bilong Papua Nuigini.
R or Rex:
Dispela "R" em sotpela sain or nem bilong King bilong Englan. Bai yu luksave long
dispel a long of olpela to repots bilong Australia na Englan.
Ratification:
Pasin bilong of narapela man long kamap pati insait long wanpela kontrak em tupela
narapela man or grup i bin makim bipo taim dispela nupela man o grup i tok orait long
kamap olsem pati to.
Ratio-decidendi:
Em as tingting insait long to we jas i makim decisen bilong em antap long en we narapela
kot bai yusim olsem president long sem kes long bihain taim. Em olsem as tingling to em
kot I mekim disisen long en
Real Property:
Dispela em min long giraun, haus na olgeta arapela samting ipas istap antap long
em. Remission:
Taint long mekim save kot I givim long wanpela trabel man, we wokman long haus
kalabus 1 rausim bikos trabel man I kamapim gutpela pasin sindaun long haus
kalabus. Rescission:
Dispela wod yu kem painim insait long kontrak we wanpela pati insait long kontrak iken
stopi n contrak sapos em ino hamamas long we wok narapela pati ino kamap gut insait
long dispela kontrak.
Rescind:
Pasin bilong stopim, kanselim or passim kontrak long karim kaikai bilong em we tupela
pati i bin bung wantaim na mekim.
Respondent:
Man o meri em narapela i kotim em insait long kot bilong appeal olsem long distrik kot
igo antap long nasenol kot o long nasenol kot igo antap long suprim kot. Na to em nem
bilong man o meri em i kapam long kot taim narapela i makim wanpela applikesen insait
long kot bilong em na kot i askim em long makim replai.
37
Restitutio in intergrum
Pasin bilong stretim man igo bek long pasim taim em i bin stap bipo long taim em i bin
kamapim kontrak wantaim narapela man. Dispela em i wanpela rot insait long equity we
pati insait long kontrak i ken pasim kontrak na tupela pati iken go kamap long orginal
posisen bilong tupela, olsem long taim tupela ino yet makim kontrak.
Sentenced to the rising of the court:
Dispeta i min olsem taim kot i makim oda bilong kalabusim wanpela man o meri
dispela man o meri ino inap igo insait long kalabus. Man ya bai istap in sait long
custody bilong kot inap kot yet i pinisim olgeta wok bilong em long dispela de na taim I
pinis bai man ya iken go bek long ples bilong em.
Set-off:
Pasin bilong makim kounta klem insait long kot antap long defense o statement of klem em
wanpela pati i putim long kot. Dispela em pasin bilong daunim strong bilong kes bilong
narapela sait. Em wanpela rot bilong kisim nupela defense or strogim defense insait long
kes bilong wanpela pati.
Sheriff
Ot wokman na meri bilong kot em wok bilong of long raun na givim of writ of samons
long of lain na kampani sekretari long karn long kot. Wok bilong of to em long makim
arrest long of lain i no bihainim oda bilong kot. Narapela wok bilong of to em long
makirn of wok long kisim samting bilong of lain igat dinau wantaim narapela man na kot I
makirn oda long kisim samting bilong of long salim na givim moni lus pinis igo bek
long man I winim kas.
Sine (lie:
loo inap dei of makim gen. Wanpela kot em i surukim kot (sine die) - minim olsem, taim
sindaun bilong kot I pasim, tasol date bilong narapela sindaun bilong ol i no makim yet or
wanpela kot precedence kot 1 adjournim na 1 no makim date bilong harim gen. Wanpela
kot kes kot i adjrounim na i no givim or makirn narapela dei bilong kot bi harim ease gen.
Slander:
Rot bilong kamap defamation we ino strait pela or stronpela we bilong kamapim tok tok or
aksion na dispela tok em daunim nem bilong narapela man.
Specific performance:
Em i rot we i ken stopim man long kamapim kontracual wok we narapela man i no nap
brinim kam kot long tok olsem agreement i buruk. _Dispela rot i no gutpela taim man i laik
kisim kontrac long em yet long givim services.
St.:
Shot pela we bilong writim "The State", Indepandant state bilong Papua nuginin
38
Stare decisis:
Long sanap long wanem of i wanbel pasim disisen. Wanpeta case disisen we i slap pinis
na I gal sampela or wankain rot bilong sikelim case we i gat sam pela kain stori bihain we
em i kamap bipo.
Statutes:
Act bilong paliment; wanpela to we legislature of i wan bet to gen
Sub judice:
Kot i wok long sikelim yet, tasol dispela banis bilong sub judice rot i stopim man,
uteri nuispepa reporter or t.v reporter long kamapim toktok or tok aut long wok kot i
kamapim stap taints kot i lukluk yet long kas, nogut of bai givim pinis wanem tintin kot i
lik kamap taint trot i no givim tintin bilong em yet.
Summary offence:
Ino bik pela kain heve aninit long pasin kiriminal , we distri kot tasol i save harim of kaiu
kas
Summons:
1•,m I wanpela oda we ol i givim i go long ol defendant long kisim of i kam hariap long ai
bilong kot.
Surety:
Man or uteri we i givim tok olrait long givim banis long was long narapela, man or meri
wt separate to of i wan bet olsem supos man i no kamap long kot long tok yesa long bail
bai kot i ken kisim dispela moni of i putim antap long tok prornis bilong o1 long kot we of
i kamapim pastairn till.
'fort:
But i civil ion we (Olsem negligence, trespass, defamation) or bagarapim gutpela skin
bodi or narn bilong man or property bilong em.
Tortiouse defence:
Ian i defence wanpela i kamapim aninit long tort.
Trespass:
Put wanpela tort we i kamap taim man i kamapim ion pela rot or pasin long narapela
man or hap ples bilong narapela Ion of kain rot: (a) long rot bilong trespass long
narapela man em olsem- kamapim assault , battery or salim natim man i go long kalabus
;(b) or i aburusim giraun bilong narapela man taim em I no givim tok olrait long yu; (c)
kamap was papa ratio long samtin bilong narapela aninit long civil lo
Trust:
lint i we bilong lukautim gut olsem tin or moni we em bilong narapela man.
39
Trustee:
Man we kot i luksave we em i nap exesaisim kontrol long of samtin we of i askim em loll
lukautim we em i bilong narapela man
Ultra vires:
aburusim legal power. Pasin we i kamap we aburisim wanem to i tok long gel) na i no
sucit i (tok pisa) director bilong wanpela kampani em I kamap autsit long rut bilong
kampaui.
Vicarious:
"Makim maus bilong narapela man or kampani Hap tok vicarious liability em rot aninit
long to we taim wok man or meri bilong kampani or organization em i kamapim roll long
taim bilong wok, roll aniniti long kriminal or tort em i birinim kam heve long kampani na
kampani i karim heve belong wokman
Void:
(tok latin- viod ab ini[i0) ino gut legal rot long
em Voidable:
Agreement we i no suet we of ken kamap stroll na suet or noken kisim dispela agreement
taim narapela sail i givim tintin long dispela agreement inoken kamap.
Volenti non fit injuria:
Man or meri i mekim tok chair aninit long rot bilong insurance of join olsem wanem
bagara bai i kapmap bi kampani bilong insurance ken ino nap kisinr heve. Em to i min
olsem wanpela man or meri i kamapim roll long em yet taim em yet i putim em yet long
wanpela trabel em i save em bai i kisinr heve or bagarap
Winding-up:
Pasin bilong stompim or putim kampani or of patna bilong kampani wantaim of propeti or
asset olgat samtin bilong kamapim na salim long kisim back moni we I ken peim bak of
dinau kampani i gat long of arepela lain.
Witness:
Man or meri we i kamap long kot na i givim stori aninit long promis em ikamapam long
harim or ai bilong kot, insait long wanpela kot action
Writ:
Oda I kam long king
40
CHAPTER 4.0 GENERAL
4.1 Functions of the I Human Resources Division
New Commencements
New commencement refers to an employee being employed for the first time within
the NJSS or Magisterial Services. This includes transferring from another
Government Department into the NJSS or Magisterial Services, re-employment of a
resigned officer or newly recruited persons into the NJSS and Magisterial Services.
Processing New Commencements
To ensure that an employee gets paid on time the HR Unit of both NJSS and Magisterial Services prepares two advices. They are: -
(1) Permanent Variation Advice (PVA). This is completed so that the new employee can be included in the payroll register for normal pay processing.
(2) In case of entitlement to more than one Special Payment Advice (SPA); the blue SPA must be used.
New employees should be provided with:
• The Structure and Goals of the NJSS & and Magisterial Services plus the mission and vision of relevant division the officer is going to be attached to.
• A Job Description, accountabilities and competencies.
• Terms and Conditions of Employment.
• Information concerning the difference between a contract officer and a noncontract officer.
• They should also undertake an induction / orientation
program Confirmation of Appointment
When a person is recruited into the NJSS and Magisterial Services he or she becomes a Probationary Officer and remains as such until they have satisfied the conditions to become a Permanent Officer. A Probationary Officer shall not become a Permanent Officer until they have served a probationary period of twelve (12) months.
After the expiry of the probationary period, an officer, shall apply to become a Permanent Officer after successfully meeting the following requirements: -
• Medical Examination Report
• Police Character Report
• Taken the Government Oath
• A Performance Appraisal Report by Supervisor / Manager is prepared.
41
If the recommendation for permanent appointment is approved by the Secretary
NJSS or Director Finance and Administration Magisterial Services, the Probationary
Officer shall become a Permanent officer from the (late of approval and shall be
notified of the appointment by the Magisterial Services, Assistant Secretary, Human
Resources (Recruitment Officer) for NJSS or Manager I IR for Magisterial Services.
The permanent appointment shall be at the same substantive classification level as
that occupied during the officer's probationary period. If an application for
permanent appointment is not approved, the Probationary Officer shall be
dismissed. The Probationary Officer must be made aware of this provision on date
of commencement.
Internal Promotions
All promotions in the NJSS and Magisterial Services will be made through a selection
process. An officer shall not be promoted to a position of higher classification unless
the officer possesses the qualifications and work experience specific(] in the duty
statement for that position.
A Probationary Officer shall not be promoted to another position and shall not act in a
higher position to receive Higher Duties Allowance (HDA). For example, where the
position of higher classification is at, or above, the classification of Assistant
Secretary, or equivalent, the officer shall not be promoted unless he possesses the
necessary efficiency.
"Efficiency" means special qualifications and aptitude for the discharge of the
duties of the positions of higher classification together with merit, diligence an(]
good conduct.
A promotion takes effect from the date on which the Officer commences duty in the
position be has been promoted to, or from tire date of the Selectio n Committee
decision, if he was acting on the position prior to the Selection Committee's
decision. Generally, an officer who is promoted to a vacant position shall not receive
more than the minimum pay for that position. Where au officer is promoted to a
vacant position in which he is currently acting and he is receiving pay above the
minimum pay fixed for that position (i.e. IIDA), he slrall be promoted without
reduction in pay.
If an officer is substantively promoted or permanently transferred to a posit ion
in another court location outside Port Moresby, he is entitled to removal
expenses as follows:
a) the fares of the officer from his place of residence to his new place
of employment, and
42
b) if the appointee is married, the fares fro m tire place of residence to the new
place of employment, of his spouse and children under the age of 19 who
are wholly dependent on and maintained by the officer and are the
officer's
natural or legally adopted children, and
c) the cost of removal of the appointee's personal effects from the place of
residence to the new place of employment. This cost must not exceed the
value of moving 200 kg by air at the air freight (cargo) rate. Note that
transport outer than air may be used. Processing Higher Duties Allowance
(HDA) This allowance is payable where an officer is appointed to act in an office of
a higher classification than the office he occupies due to the absence of the officer
normally occupying that higher graded position for whatever reason.
Application for Higher Duties Allowance must be made to Assistant Secretary,
Human Resources and must be formally approved by the Secretary, NJSS. In
Magisterial Services each sectional Manager raises the HDA application to their
Division Manager who recommends to Director Finance and Administration for
approval. The Higher Duties Allowance is only payable to an officer when they are
actually performing those higher duties.
Where a position becomes vacant for an indefinite period, (e.g. through promotion)
the HR Unit of both NJSS and MS should attempt to fill that office through the
selection process. If an officer is required to act in a vacant position, it will be
strictly on a temporary basis and not exceeding a period of three months.
In determining the amount of higher duties allowance payable, the following rules
will apply:
a) The higher duties allowance shall not exceed the base salary of the
higher office.
b) The higher duties allowance shall not increase the officer's total salary to a
salary that is more than two (2) classification levels above the officer's
substantive level. For example, where an officer who is a substantive pay
grade 6 is required to act in an office classified as pay grade 9, the
maximum HDA that is payable to this officer is to the base of pay grade 8. c)
An officer must act in a higher office for at least ten (10) working days
before lie is eligible to receive any HDA.
d) H DA is usually approved for a maximum of three months. Further periods
of HDA may be paid after an assessment of the officer's performance
using the staff appraisal form
e) After the initial period of the HDA is concluded, the officer may
receive HDA with his normal fortnightly salary.
f) HDA will not be payable to an officer whilst on leave.
43
General deduction from pay
NJ SS and MS HR Unit are able to make regular deductions from Officer's salary for:
a) rental, where the officer or an employee resides in accommodation provided
by the State;
b) meals and subsistence, where the officer or an employee resides
in accommodation provided by the State; and
c) such other services provided by the State as are approved as
authorized deductions from pay by the Secretary, NJSS or
Director Finance and Administration, MS.
An officer or an employee may authorize the NJSS or MS Personnel Division for
deduction of sums front his/ her pay by agreement in writing signed by that
officer or employee, eg fortnightly payment of loans from Financial Services and
the Banks. Leave without pay or over payments ,
Refunds,
Housing mortgages and rental
arrears, Dependants Allowance,
Taxation,
POST, including arrears, Loan repayments Final Entitlements Entitlements on
Resignation At termination of employment, an officer/employee shall be entitled to
payment of the following termination benefits:
i. Money in lieu of recreation leave (MILOL), and
ii. Money in lieu of furlough leave (MILOF) if the officer is entitled.
The Secretary approves all notices of resignation from Officers intending to
resign from NJSS and the Director Finance and Administration like wise for MS
staff Procedure for Age Retirement
If the officer is aged 50 to 55 and has not volunteered to retire, then he should
be informed about the following:
a) At age 50 to 55 lie can volunteer to retire or he can be
retired compulsorily
b) Officers aged 50 or over are not entitled to any retrenchment benefits,
c) On retirement he would be entitled to money in lieu of leave
(MILOL) and may be entitled to money in lieu of furlough
(MILOF)
d) If he has contributed to POSF or RBF then lie will have certain
pension entitlements.
44
The NJSS and MS is able to retire an officer on age grounds whether this be:
• compulsory retirement it the officer is 60 years or
• voluntary early retirement if the officer is aged 50 to 59; or
• compulsory early retirement if the officer is aced 50 to 55
Retirement on Medical Grounds
It is a regulation of POSF/RBF that any contributor who is to be retired on medical
grounds most have medical certificates and medical report from two registered
medical practitioners, plus a letter from the Secretary, Department of Health
giving his opinion on the retirement.
The retiring officer is informed in writing of the Secretary's decision.
If the officer is a POSF/RBF contributor, then an Application for Pension or Refund
of Contributions Form should also be enclosed.
To calculate the officers final payout, the following formula is used:
a) .salary at the date of retirement,
b) money in lien of (cave (MILOI) ) -Ibis is calculated at the rate of one and a
(loaner days pay per completed month of service,
c) furlough [cave if the officer is entitled to furlough leave,
c1) In-o rata furlough payment if the officer has previously taken furlough leave,
e) money in lieu of furlough leave if the officer has not previously taken
furlough,
f) repatriation fare including the cost of removal of officer's personal effects
from the place of employment to the place of residence. The cost must
not exceed the value of proving 200kg by air freight (cargo) rate. Note
that
transport other than aeroplane may be
used. Recreation Leave
Staff of the NJSS and MS do not become entitled to commence recreation leave
until they have completed two years of service since commencement (for the first
leave). Officers shall not be permitted to work for longer than two (2) years without
taking leave and shall be entitled to six (G) weeks leave each two years. .
45
a) Leave Warrants (Air Fares) Leave warrants are due only
when: - An officer completes two ('2) years service outside his home
province. An officer completes two (2) years service since the last
warrant.
An officer may take his leave in his home province.
An officer employed at a court location within his/her own province is not ent itled to
travel warrants.
b) Processing Recreational Leave
Payment is due one (1) day before leave is due to
commence. Maternity Leave
A woman officer/employee, whether married or not, is entitled to maternity leave.
Maternity leave is granted to a female employee six (6) weeks prior to the expected
date of birth and six (6) weeks after birth.
The officer shall seek the NJSS Secretary or Director Finance and Administration
MS (through the Divisional Manager) approval prior to taking leave.
Maternity leave may be taken by way of any: -
a) Sick Leave (the grant of which is subject to the production of a
medical certificate stating unfitness for duty); or
b) Recreation Leave or Special Leave; or
c) Furlough Leave, which has accrued to the officer or employee. Where there
are no sufficient credits for those leaves, or where art officer or employee
specifically requests, the balance of period shall be taken as leave without
pay to count as service for all purposes.
No officer or an employee shall be terminated during the above period for the
reason that she is on maternity leave.
Sick Leave
In case. of illness an officer may be granted ten (10) days leave for every twelve
(12) months of service. On the expiration of any sick leave granted and an extra six
(6) months or Leave With Out Pay (LWOP) if the officer is still unable to resume
his duties lee may be notified to retire from the service.
Upon a report by a medical practitioner that an officer is in such a state of health as
to constitute him a danger to fellow employees of the service or the public, the
officer may be directed to absent himself from his duties for a specified period;
and the officer's absence shall be counted as sick leave. 46
Sick (cave shall not be reckoned as, or included in, recreation or furlough leaves. An officer is entitled to four (I) days sick leave without medical certificate for one year. When the four (I) clays have been used and any further sick leave is taken the officer must present a medical certificate. Failure to do so may result in a leave without pay.
Compassionate Leave
In case of an emergency or a death in the family, only permanent officers may be
g ranted compassionate leave of absence on full pay for period not exceeding 1.0 days in any period of 12 months.
Any leave of absence in excess of 10 days permitted will be considered as leave without pay.
Compassionate leave will also be granted if the following situation exists: -
a) Serious illness or death of the Officer's spouse, or children or father and mother of the Ollicer or spouse.
b) Paternity leave; or
c) Urgent personal reasons in an emergency,
An Officer shall seek approval to take compassionate leave prior to taking that
leave. Compassionate leave should not he granted to cover absence for the following reasons: -
To attend a wedding (under any circumstances). Personal business. To see a solicitor. '1 'o purchase land. Interview for a position outside Public Service. To go shopping. To meet financial obligations, etc.
Compassionate leave cannot be granted to temporary employees because it is not provided for in the Public Service General Orders.
Overtime/Shift allowances
Overtime means time worked in excess of normal working hours i.e. 07:45am to 4:06pm with lunch break 12.00noon to 1:00pm. Before any officer is allowed to work overtime prior approval must obtained from an authorized person Ior a specific amount of overtime to be worked. When approval has been given for a certain amount of overtime to be worked, this amount must not be exceeded without first obtaining approval for additional overtime to be worked.
Overtime Rates
Overtime rates are calculated as follows for persons who work beyond the normal hours of duty from 7:45 am to 4.06 pm with a lunch break from 12:00 noon to 1:00 pm.
47
Time and a half is payable to[- all time, worked in execess of 38 hours per week or
outside the hours of 7:00 am and 5:00 pm. This means that to qualify for overtime
an officer must either start work before '1:00 nn r finish after 5:00 pm on any one day
or work more than a toad of 38 Fours in any one week.
SATURDAY Time and a half for the first three (3) hours and double time after that
in respect of Officers who work normal days, Monday to Friday.
SUNDAY Double time for the time worked.
PUBLIC HOLIDAYS Double time, minimum payment of three (3)
hours regardless of time worked.
SHIFT WORKERS
Shift workers are officers who work outside the normal Public Service hours.
Overtime for shift workers is calculated as follows: Time and half f or hours in
excess of 38 hours per week. Overtime is calculated by totaling the excess for each
day. SATURDAY Double time for hours in excess of rostered hours.
SUNDAY Double time with a minimum payment of half a days pay.
PUBLIC HOLIDAYS Double time with a minimum payment of half a days
pay. Overtime payments are calculated to the nearest one-quarter hour.
Processing Training/Study leave applications
a) Eligibility for Courses
To be eligible for any type of study assistance an officer must be a permanent
officer of the NJSS and MS.
probationary employees can only be nominated to attend in house training
(:nurses/programs, which are designed to improve their ability to carry out their
duties and where the program is an essential component of the probationary period
in order to attain permanency.
48
Criteria for selection for courses will be under the following
headings: Does the training result in additional qualification to the
officer'? Why is the officer applying for course'?
I low will the training benefit the officer NJSS and MS?
Is the course tailored to meeting institutional goals and vision?
Is there any other officer who could attend'?
Is the officer eligible to meet the course requirements?
Is the officer eligible to meet the institution requirements?
Is this course offered anywhere closer?
Is the course directly related to the officer's duties?
Does the training result in research work, which relates to the duties of the officer?
h) Course Nomination
l' he ol officer should only be nominated if the course is in line with the
divisional objectives and job needs.
All nominations must be made on proper application forms depending on where the
course will be conducted, with an adequate number of copies, accurately and fully
completed by both the officer and his or her divisional head.
All nominations for courses must be lodged through proper procedures, i.e.
front the Officer to the Divisional Head for his comments and signature, then
to the Manager, Training, for screening and listing then to the Training
Selection Committee, which will make a decision. Once the Committee has
endorsed the application it is then referred to the Secretary, NJSS or the DFA
MS for a final decision.
The Training Selection Committee may at their meetings, for the purposes of
screening nominations, approve/endorse and recommend or withdraw and disqualify
nominations. Any disputes over the Committee's decision shall only be examined and
altered by the Secretary, NJSS or the DFA MS
All nominations, must have all required attachments such as certificates,
Curriculum vitae (CV), references, etc and must reach the Manager, Training one
(J) month before closing date for course enrolment.
Relief arrangements must also be made well in advance to relieve officers go ing on
study leave.
Officers may not be recommended for courses if they have not served tire required
period since the last course, or if they did not do well at last courses, or if they have
not improved in their jobs since the last course.
c) Conditions for Training
Officers attending long courses (three months or more) must make a written
undertaking to the NJSS or MS to state that after completing the course they
will serve the NJSS and or MS for a minimum of three (3) years before seeking
employment elsewhere.
If an officer is accepted to attend a course without the NJSS and MS approval, and if
his or her application for the course did not flow through the NJSS or MS procedures 9
50
then the officers will he instructed in writing by the Secretary or Director Finance
and Administration MS to apply for leave without pay for the duration of the
course.
An officer, once accepted to do a course, and if he or she fails to attend for any
reason at all, must give written explanation to the Secretary, NJSS or DPA MS.
I fn thermore, if an officer withdraws 11011) a course he or she crust give a written
explanation to the Secretary, NJSS or DPA MS, and he will decide on what course of
action to take against that officer, if any.
When an officer is on a higher duties allowance (HDA) and is selected to attend
a long training course, he or she ceases to be entitled to that HDA.
Study leave with pay is regarded as service. Therefore recreation, sick and furlough
leave credits continue to accrue during any period of the study leave.
Study leave without pay will not be counted as service for the purpose of accrual
of recreation, sick and furlough leave credits.
Salary in respect of the study leave is not to be paid in lump sum prior to the
commencement of the study leave, but is to continue to be paid fortnightly during the
study leave.
(d) Costs of Training
All training costs for N.ISS and MS officers shall be met by NJSS and MS
respectively in the event that assistance from the donor agencies and other sources
are unavailable.
These costs shall include:
i. Airfares/Transportation
NJSS and MS shall only pay airfares for the officers attending the course and will
not be responsible for family airfares/transportation if an officer is traveling with
his family to the place of training within PNG. However, NJSS and MS may be
responsible for family airfares/transportation costs if an officer is traveling overseas
with his family, and if an officer is entitled to family fares.
ii. Tuition Fees
NJSS and MS may pay tuition fees to the educational institutions within PNG,
depending on how much tire institution's rates are in respect of an approved
study leave for an officer.
iii. BookAllowance
The Book Allowance shall be a fixed amount for every institution within PNG and
these shall be paid to the institution, together with the tuition fees. The officer shall
be entitled to a maximum sum of 10300 only. Any amount above this will be subject
to spend approval of the Secretary NJSS or DFA MS.
Clothing Allowance
F o r t r a v e l i n g widen t the Pacific or (luring summer within the tropics the flat (ate
of allowance is K300. For travel outside the tropics during winter the rate of
allowance is K000. The Secretary, NJSS and DFA MS arc responsible for approving
flat, of clothing on application from the officer concerned.
Boarding and Lodging Fees
I he boarding and lodging fees may be paid by NJSS or MS for officers attending
courses to the institution within PNG, depending on the institution's rates on
fees.
I However in the event that no accommodation is available within the institution, NJSS
Or MS shall make an advance payment of an amount not exceeding K700, or
whichever other amounts that must be authorized by the Secretary, NJSS or DFA MS
t o an officer in Order for that officer to arrange: for arc alternative accommodation
outside that institution.
51
52
4.2 Code of Conduct. Public Service General Orders NJSS and NIS has no
official Code of Ethics or Code of Conduct, accordingly the Public Service
General Orders (GO) are applicable to Corns Oil icers and employees. t Ire Public
Service GO state the following:
GO 16.41 Art officer or employee shall at all times dress in a neat and tidy fashion and shall conduct himself/herself when dealing with other officers or employees and with the general public with courtesy and with respect for the individual.
GO 16.43 Smoking is strictly forbidden in all the Courthouses and offices. Any pct;son found smoking could be charged with a serious disciplinary offence. A fine of no more than 10 per cent of the officer's gross fortnightly pay shall be imposed. Continuous breaches of this Order shall result in dismissal.
GO 16.44 Chewing betelnut is strictly forbidden in all the courthouses and offices. Any officer found chewing betelnut could be charged with a serious disciplinary offence. A fine of not more than 10 per cent of file officer's gross fortnightly pay shall be imposed. Continuous breaches of this Order shall result in dismissal.
GO 16.45 Consumption of alcoholic drinks is strictly forbidden in all the courthouses and offices. Any officer found consuming alcoholic drinks could be charged with a serious disciplinary offence. A fine of not more than 10 per cent of the officer's gross fortnightly pay shall be imposed. Continuous breaches of this Order shall result in dismissal.
A.Toleris and J M t Fraser (by Ocean a publication, Inc.) Constitutions of Countries of tire I World /d issued February 1981 - Page t-3
A.Toleris _and J M
t Fraser (by Oceana publication, Inc) Constitutions of countries of the World /d issued February I98 t - Page 1
53
4.3 A Brief History of PNG and the Courts in PNG
Papua New Guinea lies in the south-west Pacific, approximately 160 kilometres
north of Australia. 115 major area is the castern hall of Niugini which is almost equally divided
between Papua in the west and the slightly larger Niugini in the east. The western half
of the Island was formerly known as hian Jaya but is now known as Papua.
Chronological Order orevents, leading to the establishment of tire court system in
PNG.
Pr e
t811(1 While Portuguese and Spanish navigators had sighted the Island of New
Guinea as early as the 16th century, there was no substantial western
influence until the. end of the 19th century. The term New Guinea was
applied to the island in 15,15 by Spain's Ynigo Ortis de Retez because of
some fancied resemblance between the island inhabitants and those
found on the African Guinea coast'.
d848 I folland for formally claims western half of New Guinea.
d873 Captain John Moresby (Britain) unsuccessfully declares eastern n New
Guinea a British possession; discovers harbour around which the Papua
New Guinea Capital of Port Moresby is now built
1884 Commodore J.E. Erskine (Britain) officially declares New Guinea a
British Protectorate in a ceremony at Port Moresby and raises the flag at
other places in New Guinea. The Australian Colonies agree to finance the
control of the Protectorate using commissioners under the control of the
High Commissioner of the Western Pacific.
t884/1885 Germany formally took possession of New Guinea, the North - Eastern
part of the Island, putting its administration in the hands of a chartered
company.
1895 Britain and Holland formalize their border, following an 1893 survey of
the southern coast.
1898 The Australian Colonies began negotiations to take over British
New Guinea
1899 German hupcrial Government assumes direct control of German
New Guinea
54
19112 lit British New Guinea is placed under the an authority of the Col
Commonwea
lth of Australia.
19115-d90( Following the passage of the Papua Act of 1905, British New Guinca
becomes the Territory of Papua with a formal Australian
administration commencing in 1906.
1914- 1921 WW1 Australian troops took control of German New Guinea until 1921.
1919 Australia considers amalgamating New Guinea and Papua
1921 Introduction of Australian legal system, which has a combination
of German Law, Australian military and civilian laws, which are
later, replaced by an Australian Modified System.
The first Establishment of a District Court was in Rabaul that catered for
the European community.
1942-1945 WW2. Japanese invade and take control of Papua New Guinea and
estahlish headquarters in Rabaul.
1945-1946 Following the surrender of the Japanese, both Papua and New Guinea, join in a
single administrative unit, in theory. Until 1975 there was a separate
AustralianTerritory of Papua and a United Nations trust Territory of New Guinca,
cash with its own annual report.
Under this policy there was a Supreme Court built in Rabaul, and a
Supreme Court built in Port Moresby (Using the Department of
Lauds building, built in 1939, for its Registry and Court Rooms).
1951 Establishment of a Legislative Council (similar to the State Parliament
in Australia).
1963-1964 Establishment of a I louse of Assembly, which replaced the
Legislative Council.
1964-1977 Lion. Sydney Frost appointed a Judge of the PNG Supreme Court. In
1970 he was knighted and later served as the Chief Justice after
Independence until 1977.
1964
June 8th
First f louse of Assembly opened.
1972 First National Election held. The name Papua and New Guinea changed
to Papua New Guinea. In little Sir Michael Somare than Chief Mi nister
approved the setting up of the Constitutional Planning Committee (CPC).
Intro to law 2"° Edition, UPNG press
1934.
55
d973 Papua New Guinea was granted the slams of self--government
• A Village Court Secretariat was established.
• A Constitutional Development Committee (CDC) was set [it) to draft our constitution.
1974 Newly built Supreme Court complex in Port Moresby which was officially
Feb. 27th opened by Hex Majesty Queen Elizabeth It.
1975 Papua New Guinea gains Independence The Constitution was adopted.
Sept. 16u' The Judiciary becomes the third arm of Government.
1975-1977 Sir Sydney Frost appointed the first Chief Justice of the Independent State of Papua New Guinea, soon after independence.
d979 Sit Mari Kapi became the first PNG indigenous person to be appointed a Judge of the Supreme Corot and National Cono.
1982 Sir Mari Kapi became the First indigenous person to be appointed Deputy Chief Justice of the Supreme and National Court of Justice (He was knighted in 1988).
19811 Sir Buri Kidu became the first indigenous person to be appointed Chief Justice (I (He was knighted in 198(1).
1983 Sir Arnold Amet was one of the indigenous Judges appointed of tile Supreme and National Court bench as a judge for a terra of three (3) years.
d986 Sir Arnold Amet was re-appointed as a judge for a term of ten (10) years.
1993 Sir Arnold Amet became the second indigenous person to he appointed as Chief Justice of the Supreme and National Court (He was Knighted in 1993).
1987 NJSS Act came into existence, where by administrative function of the three levels of Courts were merged.
20113 Magisterial Services separated from the NJSS.
4.4 Process of Passing an Act of Parliament Flow Chart
Proposal to National Executive Council (NEC) by responsible Minister (the Minister
responsible for the Act of Parliament).
NkCapproves Legislative Council (LC) to draft a Bill in accordance with NEC approval, the
draft Bill is then discussed by NEC and if approved by NEC the responsible Minister is
approved to take Bill to Parliament
Responsible Minister introduces Bill to Parliament. 'llus is termed the .1st reading of the
]Sill
Main principles and provisions of the Bill are discussed and debated by the members of
Parliament. This is termed the 2nd reading of tire ]]ill
The details of the Bill are then discussed during the Committee Stage (a Parliamentary Committee). The Bill may be amended or modified by the committee.
The proposals of the committee are then put to the ]louse (Parliament) and Parliarneut then votes on the Bill. 'this is termed the 3rd reading of the
Rill
After the 3rd reading and after the bill is passed by the Parliament, the Speaker (who is like a manager of Pat
liarneut) certifies that the Bill has been passed and it is now referred to as an Act of Parliament
The Act will come into operation once Royal Assent is given by the Governor General (Head of State), representing the queen, who then will have a
notice published in the National Gazstte. Ile acts on the advice of the NEC
17
4.5 Oaths, Declarations and Statutory Declarations
GLOSSARY OF ITEMS
AFFIDAVIT: A written document sworn on oath, or with an affirmation,
made before a person authorised to take am oath or affirmation.
AFFIRMATION: A solemn and formal declaration, which may be made in place
of an oath, which is contrary to that person's religious beliefs.
AUTHORISED PERSON: A person who has been authorised by the Evidence Act,
to witness statutory declarations and lake affidavits.
DEPONENT: The person in whose name an affidavit is sworn or affinnation is
made.
JURAT: The certification at the end of an affidavit stating when and where
the affidavit was sworn, by whom, followed by the signature and description
of the person before whom the affidavit was sworn or affirmation was
made.
OATII: A solemn promise in tire name of God, or to some other revered person,
that statements made are true, and are made holding up a Bible, or other religious
book, according to the person's religious beliefs.
STATUTORY DECLARATION: A written statement that the person making it
signs, and declares it to be true before a person authorised to take declarations.
Witness Oath--( Civil Cause.
Sec. ,(a). Form 1. Witness Oath- Civil Cases.
The evidence that you give to the court touching the matters in question between the parties will be the truth, the whole truth and nothing but the truth.
So bell you God!
Witness Oath-Criminal Trials.
Sec. 2(b). Form 2.
Witness Oath- Criminal Trials.
The evidence that you give to the court between the State and the accused (or
defendant) will be the truth, the whole. truth and nothing but the truth.
So help you God!
Oath on tire Voir
Dire. Sec. 3. Form 3.
Oath on the Voir Dire.
The evidence that you give will be the truth, the whole truth and nothing but the
truth. So Help you God!
58
Interpreter's Oath-Civil Causes.
Sec. 4(1)(a). Form 4.
Inierpreter's Oath-Civil Causes.
Yon swear that you understand (describe the language) which is understood by the witness (or plaintiff or defendant), and are able to interpret between him and the court and all persons who understand the English language.
So help you God!
Yon will well and truly inlerpret and give true explanations between the witness (or plaintiff or defendant) and the court and all persons who understand the English language to the best of your knowledge, skill and ability, and the evidence that you give will be the truth, the whole truth and nothing but the truth.
So help you God!
Interpreter's Oath-On the Voir Dire.
Sec. 4(1)(b). Form 5.
Interpreter's Oath-on the Voir Dire.
You swear that yon understand (describe the language) which is understood by the witness (or plaintiff or defendant or accused), and are able to interpret between him and tire court acrd all persons who understand the English language.
So help yon God!
You will well and truly interpret and give true explanations between the witness (or plaintiff or defendant or accused) and tire court and all persons who understand the English language to the best of your knowledge, skill and ability, and the evidence that yon give will be the truth, the whole truth and nothing but the truth.
So help you God!
59
20
Interpreters Oath-----------On (he
Arraigument. Sec. 1(1)(c). Form 6.
Interpreter's Oath-on the Arraingnment.
You swear that you understand (describe the language) which is understood by
the accused and are able to interpret between him and the court.
So help you God!
You will well and truly interpret and give tine explanations between the accused
and the court to the best of your knowledge, skill and ability, and tile evidence
that you give will be the 1111111, Ills whole truth and nothing hilt 111e truth
So help you God!
Interpreter's Oath-Criminal Trials.
Sec. 4(l)(d). Form 7.
Interpreter's Oath-Criminal Trials.
You swear that you understand (describe the language) which is understood by
the accused (or defendant), and are able to interpret between hire and the court
and between him and all persons who understand the English language.
So help you God!
You will well and truly interpret and give true explanations between the accused
and the court and between hire and all persons who understand the English language
to the best of your knowledge, skill and ability, and the evidence that you give to
the court between the State and the accused will be the truth, the whole truth and
nothing but the truth
So help you God!
You swear that you understand (describe the language) which is understood by
the witness, and are able to interpret between him and the court and the accused
(or defendant) and all persons who understand the English language.
So help you God!
You wilt well and truly interpret and give true explanations between the witness the
court and the accused and all persons who understand the English language, and the
evidence that you give the court between the state and the accused (or defendant)
will be the truth, the whole truth and nothing but the truth.
So help you God!
Intervening Interpreter's Oath. Scc. 4(1)(d)(ii), 4(2). horny 8. intervening
Interpreter's Oath. You swear that you understand (describe the languages) Much
the witness and the accused understand, and arc able to interpret between them.
So help you God!
You will well and truly interpret and give: true explanations between the witness and
the accused, and between the accused and the witness, and between there and each of
them and the court and all interpreters, witnesses and persons whatsoever, to the best
of your knowledge, skill and ability, and the evidence that you give to the court
between the State and the accused will be the truth, the whole truth and nothing but
the truth.
So help you
God!
Declaration.
Sec. 5(2)(r). Form 9.
Declaration.
1 solemnly declare (hat the evidence now about to he given (or the statement now
about to be made) by me is the truth, the whole truth and nothing but the truth.
Affirmation.
Sec S(2)(1). Form II),
Affirmation.
I, . . ., do solemnly sincerely and truly declare and affirm, that the evidence now
about to be given (or the statement now about to be made) by rue is the truth, the
whole truth and nothing but the truth.
?I
And 1 make this solemn declaration by virtue of the Oaths, Affirmations and Statutory Declarations Act, conscientiously believing the statements contained in it to be true in every particular.
(Signature of person making the
declaration) Declared at . . . . . . . 20...
Signature
Before me
(Signature of person before whom the declaration is
made) (Insert title of person before whom the declaration is
made). 22
Statutory Declaration.
Sec. 11(1). Form II.
Statutory declaration. l, (insert name, address and occupation of person making the declaration), do solemnly and sincerely declare that (insert the matter specified and statements of fact that need to be made). Where the matter is long it should be set out in numbered paragraph).
C H A P T E R 5 . 0 C H A N G E D P R A C T I C E S A N D P R O C E D U R E S
The Papua New Guinea, Legal Capacity Building Project, an AusAlD sponsored project, has
an overall goal to increase the responsiveness of the justice system to com munity needs in
Papua New Guinea. In assisting to achieve the Project goals, the Project's Terms of
Reference specify that the Records and Case Management Specialist for (lie Project (Mr
tan McPhee) assist Court Officers to analyse current registry and case management practices
and procedures, and make recommendations for change.
As a result of an analysis of Current Court systems, recommendation have been made to
improve upon the current registry and case management practices and procedures. The
recommendation have been designed to streamline and standardize practices and
procedures across all Courts in PNG.
The instructions for the changed practices and procedures are set out, in both written
instruction form and in flowchart form. The flowchart was design ed to assist Court Officers
to better understand the flow of the court processes and also as a teaching tool to be used as
an overhead transparency during the teaching of the materials in the Court Officer Specialist
Courses.
l
Busy Courts with more than one jurisdiction (i.e. Criminal and Civil) or having more than
one Courtroom, or Magistrate, may wish to use more than one Daily Diary per jurisdiction
or courtroom.
As each new case is lodged with the Court, it is to be entered in the Daily Dairy. Cases that
arc adjourned or re-fixed for a date of hearing are also to be re-entered in to the Daily Diary
on relevant day. This will result in all matters that are listed before the Court being entered
into the Daily Diary.
Case Numbs,. Surname Given Name Type of Matter._
Time of
Hearing
5.1 DAILY DIARY
Purpose
The Daily Diary is the book that will be used to allocate a date and time for the hearing of
cases. It also creates a record of the cases that are listed before the Court on each court
sittin day.
it will also be used to measure how many cases have been listed before that Court on any on
day. This will assist in ensuring that the correct number of cases, and thus the correct amour
of work is allocated for each Courtroom
Compiling; the Daily Diary
The Daily Diary is to be in the fonn of an A4 yearly diary, each page will be ruled with the
following columns:
Busy Court with more than one jurisdiction or courtroom may wish to use more than one Daily Diary per Court
If a case is adjourned the case details are to be entered into the Daily Diary to ensure that all cases before the court are entered into the Diary
The details of cases are to entered into the Daily Diary as a matter is lodged with the Court. The details to be entered are • Case Number • Surname . Givcn Name
. Type of Matter (hearing)
• Time of commencement of matter 'rhe Diary should be in the forth of an A4 diary with one page for each clay
Daily Diary is used to:
• Allocate Dates of hearing for matters • Allocate times for matters to commence • Ensure that Magistrates have
sufficient cases to hear
5.2 Daily Dairy Flowchart
3
5.3 ALPHABETICAL INDEX OF CASES
Purpose
The Alphabetical Index of Cases will be used as a tool to assist in searching for files and dates oC Bearing. It will also be used to allocate court file numbers.
Couupiling the Alphabetical Index of cases
The index will be in the form of a loose leaf A4 Alphabetical
Index. Each page of the index should be ruled using the following
columns:
Case Nrnnber Surname Given Name Date of Hearing (including any adjourned dates) & the date of the 1111:11 decision
In the date of Bearing column, next to each date, the type of hearing should be indicated using the following abbreviations.
A/S Assessment D Decision 1-I Hearing M Mention P/11 Part Heard Allocating Court Number
A list of numbers is to be prepared and fixed to the inside front cover of the Alphabetical index. 'this list is to commence with the number one (1) at the beginning of each year and continue until the last number allocated for each year. As a number is used, a line is to be drawn through that number to indicate that it has been used, the next number is to be used for the next case issued.
In Criminal matters where there are multiple accused on similar charges, each accused and each charged is to be given a separate number.
In Civil matters where there are multiple defendants, the first Defendant is to be given a number, the remaining defendants are to be cross-indexed to the first defendant. To crossindex the remaining defendants are entered in the index and in the date of hearing column enter " refer to name of first defendant".
There shall be a new list of numbers for each different type of jurisdiction.
5
When a matter is lodged with the Court it is numbered using the Alphabetical Index.
If an existing case is re-fixed, or adjourned, the re-fixing or adjournment date of hearing is to
be entered along side the existing entry for the case. All dates of hearing for all matters
should therefore be entered into the Date of hearing column of the index.
The date of the final decision is to be endorsed with the words "final decision".
As there may be many adjournments for a particular case, two lines of the diary are
to be allocated for each matter.
To assist in searching for cases multiple defendants on the same information are to be cross -
indexed in the Alphabetical Index.
Nit: It is particularly important when entering details into the Alphabetical Index to ensure
that you enter the correct defendant's name. If you are unable to determine the correct
name, please cross-index the alternative names that the defendant may have.
Using the Alphabetical Index of Cases
Letters
___ Typeof Case __
FC Family Court
CR Criminal
Civil -_-.
CO Committal
COW __ Coroners Court
"rAX _ Taxation Court
The following letters are to be used to indicate the type of ituisdictional matter it refers to:
When a matter is lodged with the Court it is numbered using the Alphabetical index. If an existing case is re-fixed, or adjourned, the re-fixing or adjournment date of hearing is to be entered along side the existing entry for the case. All dates of hearing for all matters should therefore be entered into the Date of hearing column of the Index.
A list of numbers to be used to allocate case numbers shall be attached to the inside front cover of the Index. When a case is lodged with the Court the next number shall be used as the case number. The type of matter is to be noted with the case number to indicate the type of case using the following abbreviations: • FC Family Court
• CR Criminal
• Cl Civil
• CO Committal
• COR Coroners
• TAX Taxation
In the hearing column, when a date of hearing is noted it should be noted with the type of hearing using the following abbreviations • A/D Assessment
• D Decision
• H Hearing
• M Mention
• P/H Part-Heard
• S/D Sine-Die
The Index should be in the following form It should be ruled with the following columns • Case number
• Defendants Surname
• Given Name
• Date of Hearing
The Alphabetical Index will be used to allocate case numbers and used as a toot to search for cases
5.4 Alphabetical Index Flowchart
68
5.5 DISCONTINUE USE Oh TILE INTERNAL REGISTER
Purpose
The purpose of this instruction is to discontinue the use of the Internal
Register. Instructions
The combined effect of the Court Register, Daily Diary and Alphabetical Index has
resulted in the continued use of the Internal Register to be unnecessary.
For this reason the Internal Register is no longer to be used.
Searching for Case Details and Files can be achieved by using the new Alphabetical Index
to locate a date of hearing for a file, which will allow for the file to be located, and Court
Register to search for the Case Details.
69
All Internal Registers in use as at
the time of commencement of the
new procedures are no longer to be
used.
For the above reasons the
Internal Register is no longer to
be used.
Searching for Case Details and Files
can be achieved by using the new
Alphabetical Index to locate a date
of hearing for a file, which will
allow for the file to be located, and
Court Register to search for the Case
Details.
The combined effect of the Court
Register, Daily Diary and
Alphabetical Index has resulted in
the continued use of the Internal
Register to be unnecessary.
5.6 DISPOSE OF THE INTERNAL REGISTER FLOWCHART
5.7 COURT REGISTER
Purpose
The purpose of Court Register is to record all decisions made by the District Court in accordance with Section 1.9 of the District Courts Act and Regulation 10 (Form 1) of the District Courts Regulations. The Court Register will be the official record of the District Courts decisions.
The Court Register is in the same format as either the current External Registe r / Completed Case Register or Monthly Register.
Procedure
The Register is in the same format as the Register that was referred to as the External Register/Completed Case Register or Monthly Register. That is:
- Case Dale of Pros/ Accused/ now CI R Charge Plea Decision Remarks Comm/
Number hearing comp Defendant before Now Judge/
Court On Magistrate
Want
No"
'° In the CIR number the number of the Courtroom is now to be placed in this column if there is more that one Courtroom per Courthouse.
The Court Register will have the following differences from how it was previously completed: The Registry staff should endorse the Court Register with the Courts decisions, the Clerk of Courts should then check the entries in the Court Register against the Magistrates entry on the Court file for accuracy.
Decision Column Details
The decision column is to be endorsed with the details of the Magistrates decision. Those
details are to include:
• Amount of fine;
• Amount of imprisonment;
• Details of other penalties;
• Whether bail was granted and amount of bail;
In the decision column, if the matter was adjourned, the following remarks are to be endorsed in the column depending on the type of adjournment. The date of the adjournment is also to be placed in the decision column.
Adj Assessment of
Damages Adj Decision
Adj Hearing Adj Mention Adj Part heard Adj Sine Die
Remarks Column Details
The Remarks column of the Register is to endorsed with the following remarks:
• The type and date of any warrant that is issued;
• The type and date of any enforcement notices the Court produces and forwards to parties;
• The date and amount of payments for fines that arc received;
• Details of receipts that are produced for payments of fines and Bail;
• Details of documentation In covert bail into court fines (hail converted into Court fine
Order)
• Bail refund documentation if case dismissed
• If bail forfeited detail of forfeiture documentation
• Whether any Good Behaviour Bonds or Probation orders were entered into
At the completion of the days sittings the Clerk of Courts or their nominee shall check
that the entries in both the decision and remarks column have been fully endorsed. As
each page of the Register has been checked, the Clerk of Courts or their nominee shall then
sign the register in the space provided at the bottom of the page, endorsing the Registers
accuracy.
Labeling of Registers
Registers must be labeled to
show; • The class of matters
contained;
• Numbered identification, registers containing a particular class of matters are to be
numbered consecutively;
• The location of the Court, where registers for more than one court are kept or stored at the
same Court premises;
• The dates of the period covered by the register
1
5 . 8 CO URT REG I S T E R FLO W CHA RT
I The purpose of the Court Reg isler is to record all decisions from tile District Court.
Th
e Register is the same register that is currently referred to as the External Register /
Completed Case Register or Monthly Register or Monthly Register.
Alter each case is heard by a Magistrate the Register is to be endorsed with
(The case details and decision of the Magistrate
'lire decision column is to be endorsed with the details of the Magistrates decision. Those details ar e to
include:
Amount of fine;
Amount of imprisonment; . Details of other penalties; Whether bail was granted and amount of bail;
In the decision column, if the matter was adjourned, (The following remarks are to be endorsed in the column
depending on the type of adjournment. The date of the adjournment date is also to be placed in the decision column
AdjSineDie
AdjAssessrnent of Damages
AdiDecision
AdjHearing
AdMention ion
AdjPart heard d
The Remarks column of the Register is to endorsed with the following remarks:'I
The type and dale of any warrant rant that is issued;
The type and date of any enforcement notices the court produces and forwards to parties;
The date and amount of payments for fines that are received;
Details of receipts that are produced for payments of fines and Bail
Details of documentation to covert bail into court fines (bail converted into Court fine Order)
Bail refund documentation if case dismissed
if bail forfeited detail of forfeiture documentation
Whether any Good Behaviour Bonds or Probation orders were entered into
At the completion of the days sittings the clerk of Courts or their nominee shall check that the entries in
both the decision and remarks column have been fully endorsed. As each page of the Register has been
checked, the Clerk of Courts or their nominee shall then sign the register in the space provided at the
bottom of the page, endorsing the Registers accuracy.
1 1
5.9 OUTSTANDING PENALTIES REGISTER PROCEDURES
Purpose
The Outstanding Penalties Register has been developed as part of a documented set of
practices and procedures to ensure that Court imposed penalties are routinely enforced by the
Court.
Format of tire Outstanding Penalties Register
The Outslanding Penallies Register shall be in tire following format:
Completed Case
Date of Prosecutor/
Accused/ Charge Decision and Action
Number Hearing Complainant
j Defendant taken
'l lie Register shall be endorsed on the Front cover "Outstanding Penalties Register".
The Completed Case Number column will nut he used as this number has been abolished.
The file will always retain the same number.
Process to he followed when using the Outstanding Penalties Register (OPR)
The following process set out the steps to be taken when using the Outstanding Penalties
Register
a) All enforcement action details including the following are to be entered into
the remarks column of the Court Register.:
• Where a Warrant of Arrest for failure to attend Court has been issued and bail has not been
forfeited alter the adjournment dale to allow the opportunity for bail to be forfeited
• The type and date of any warrant that is issued
• The type and date of any notices the Court issues and forwards to parties
• The date and amount of payments for fines/compensation that are received.
b) The Court Register should be checked each month for all outstanding penalties over
three months. Cases to be included in the Outstanding penalties will include:
• Non or partly paid fines/compensation;
• Warrants riot issued;
• No receipt from police or sheriff for issued warrants;
• All files where an Appeal has been lodged and not finalized are to be entered into the
Register
• Cases where a Warrant of Arrest has been issued for failure to attend court whilst on bail
and the question of the accused persons bail has not been decided upon (bail not revoked)
After the Court Register has been checked it shall be marked with a line at the top right hand
corner of the register to indicate it has been checked any outstanding matters listed in the
OPR.
c) Any outstanding penalties over three months should be entered into the Outstanding
74
75
action taken on all penalties outstanding, all enforcement details arc to be entered into tire remarks column of this Outstanding Penalties Register i.e. type of warrant issued and date warrant issued. A line is to drawn through an entry once a penalty has been enforced and tire matter is finalised.
d) Senior Inspecting Court Officers will periodically check the Outstanding penalties Register. These officers will check lo ensure that all penalties have been enforced according to the documented practices and procedures.
c) A copy of the Outstanding Penalties Register is to be sent to the Deputy Register District Court each month with the monthly Statistical returns.
5.111 OUTSTANDING PENALTIES REGISTER FLOWCHART
The Outstanding Penalties Register (OPR) has been developed as part of a documented
set of practices and procedures to ensure that Court imposed penalties are routinely
enforced by the Court. The Outstanding Penalties book is in the same format as the Court
Register
The Court Register should be checked each month for all outstanding penalties
over three months. Cases to be included in the Outstanding Penalties will include:
• Non or partly paid fines/compensation;
• Warrants not issued;
• No receipt from police or sheriff for issued warrants;
• All files where an Appeal has been lodged and not finalized are to be entered into
the Register
• Cases where a Warrant rant of Arrest has been issued for failure to attend court whilst
on bail and the question of the accused persons bail bas 11o1 been decided upon (bail
not revoked)
Alice the Court Register Iris been checked it shall be marked with a line at
tire lot) right band corner of the register to indicate it bas been checked and all outstanding
matters listed in tire OPR. Any outstanding penalties over three months should be entered into the Outstanding
Penalties Register. This register should then be checked at the end of each month, with
action taken on all penalties outstanding. All enforcement details are to be entered into the
remarks column of the Outstanding Penalties Register i.e. type of warrant issued and date
of issue and the matter is finalised. A line is to lie drawn through the entry once a penalty
bas been enforced.
A copy of the Outstanding Penalties Register is to be sent to the Deputy Register District
Court each month with the monthly Statistics Returns. Senior Inspecting Court Officers will
periodically check the Outstanding Penalties Register. These officers will check to ensure
that all penalties have hren enforced according to the documented practices and procedures
76
5.11 INSPECTIONS OF COURT' REGISTRIES INSTRUCTIONS
Purpose
The inspection of Court Registries process is designed to ensure that court processes including
enforcement and other court practices and procedures are complied with. It also serves to
ensure that court processes are standardized and will assist distributing information to courts.
A report will be prepared by the inspecting officer at the end of each Court Registry
Inspection.
Who will conduct the Court Inspections
Senior Court Officers including the Registrar, Deputy Registrars and Clerks of Court will conduct the inspections of Courthouses.
The inspecting officers will have a set of basic instructions they will be required to comply with to ensure that important aspects of Registry performance are being complied with. The inspecting officers may also investigate whatever other administrative matters they deem necessary.
Inspecting Court Officers duties
The duties of the inspecting Court Officers will include:
• Checking Court Registers to ensure that all necessary actions have been taken in managing and enforcing casts before the Court;
• Ensuring the Outstanding Penalties book is kept up to date;
• Checking that the filing and archiving of matters is satisfactorily conducted;
• Checking that statistical returns are compiled accurately;
• Ensuring that the allocation and use of National Court numbers complies the guidelines
provided; • Ensuring that all practices and procedures in use are the correct methods as prescribed
by the various Acts, Rules and Directions of the Courts; • Ensuring that the Court Officers are meeting Court stakeholders
needs. Inspecting Court Officers Report
The Officers will compile a report at the conclusion of Courthouse inspection. This report w ill include all the findings of the inspection including administrative errors, initiatives by Court Officers and any other matters deemed necessary i.e. attendance, standard of dress etc.
LS
5.12 INSPECTION ()I'' COURT REGISTRIES FLOWCHART
'tile inspection of Court Registries process is designed to ensure that court processes
including enforcement and other court practices and procedures are complied with. It also
serves to ensure that court processes are standardized and wilt assist distributing
information to courts
Senior Court Officers including the Registrar, Deputy Registrars and Clerks of Court will conduct the inspections of Courthouses
The duties of lire inspecting Court Officers will include:
• Checking Court Registers to ensure that all necessary actions have been taken in managing and enforcing cases before the Court;
• Ensuring the Outstanding Penalties book is kept up to date;
• Checking that tile filing and archiving of matters is satisfactorily conducted • Checking that statistical returns a re compiled accurately; . Ensuring that the Allocation and use of National Court numbers complies tile guidelines provided;
• Ensuring that alt practices and procedures in use are the correct methods as prescribed by tile various Acts, [rules and Directions of the Courts;
. Ensuring that the Court Officers are meeting Court stakeholders needs.
tile Officers t will compile a report at the conclusion of Courthouse inspection. This report will include all the findings of the inspection including administrative errors, initiatives by Court Officers and any other matters deemed necessary i.e attendance, standard of dress.
16
79
5.13 DISCONTINUANCE OF COMPLETED CASE NUMBER
Purpose
To introduce a set of procedures that will result in only one case number being issued for each case before the Court. The completed case number will cease to be used.
Instructions
Currently the completed case number is allocated once a case was completed and the file is
ready to be archived. This practice was confusing as each completed case had 2 numbers. ft
has been decided that the practice of allocating two numbers per case is to cease.
The file will now only have one number, the original case number which was allocated in the
Alphabetical Index. It is this number that is to be used when archiving a completed case. The
Court Case number is to be allocated using the instructions set out under the heading of Alphabetical Index. It is the Alphabetical Index that is used to allocate a court number.
The Court Case number is to be allocated using the
instructions set out under the (reading of Alphabetical
Index. It is the Alphabetical Diary that is used to allocate a
court number.
Acase number will be issued to a case when it is lodged with
the Court. This is the only case number to be given to cases
and it shall be used for archiving purposes
Many court currently when archiving files allocated a second
case cumber to a case for archiving purposes. Thus practice is
to cease.
The use of two case numbers per case was the cause of
confusion amongst Court Officers. It has been decided to
cease using the completed case number
5.14 DISCONTINUANCE OF COMPLETED CASE NUMBER FLOWCHART
18
5,15 ISSUING OF WARRANTS OF ARREST
Purpose
To provide a set of practices and procedures to ensure that Warrants of Arrest, when issued, are delivered to the appropriate police stations; and to ensure that an efficient audit trail is provided for the issuing and receipting of warrants.
Procedure
Upon a Magistrate issuing any type of warrant the following procedures are to be undertaken:
• The warrant is to be prepared by court staff and signed by the Magistrate who ordered
the issue of the warrant.
• The type of warrant and (late of issue are to be entered into the remarks column
of the Court Register.
• The date of issue of the warrant, the Court file number, accused name, type of warrant and space for the police to sign for the warrant are to be entered into a warrant Register in the following format.
Warrant Register
The Warrant Register will be created in a A4 Exercise Book and set out as follows:
Dale Court file
Number Accused Name
Type or
Warrant Police Signature
• Upon collection of the warrant the police are to sign in the Warrant rant
Register, as an indication they have collected the warrant.
19
Issuing Warrant of Arrest Flowchart
Court Officer are to ensure that when Warrants of Arrest when issued police collect the warrants and sign a register to ensure they have been collected, thus ensuring an adequate audit trail is maintained
Upon a Magistrate issuing a warrant of arrest the warrant is to be prepared by court staff and signed by the Magistrate who issued the warrant.
The court clerk shall ensure that the type of warrant and date of issue are entered into (he remarks column of the Court Register
A warrant register is to be maintained with the following columns ruled
Date
Court File Number Accused Name
• Type of Warrant Police signature
The columns of the warrant register are to be filled out by a court officer and upon collection of the warrant the police are to sign in the Warrant Register, as an indication they have collected the warrant
82
83
5.16 FORFEITURE OF BALL MONIES
Purpose
Currently bail movies are not routinely forfeited upon a Warrant of Arrest being issued for
failure lo attend Court whilst on bail. In most instances tile Warrant of Arrest is issued and tile
decision of the bail monies is set aside until the accused person is arrested. Unfortunately the
re-arrest rate for persons who fail to attend Court whilst on bail is minimal, resulting in the
matter of the disposed bail movies never being determined. With tile question of the accused
person's hail undetermined, the bail movies sit indefinitely in a Department of Finance Trust
Account.
After consultation between tile Chief Magistrate, Deputy Registrar District Courts. Legal
Capacity Building Project personnel, Records and Case Management Specialist and Principal
Counterpart, a set of practices and procedures have been developed. These practices and
procedures have been documented to ensure that as a result of an accused person's failure to
attend court on bail, the question of the accused person's bail will be determined.
Procedure
Chief Magistrate has issued a Practice Direction to specify and standardise these procedures,
the Practice Direction is attached.
DISTRICT COURTS
PRACTICE DIRECTION FOR THE FORFEITURE OF BAIL MONIES AS
A RESULT OF DEFENDANTS NON ATTENDANCE AT COURT
18 September 2002
Practice Direction No of 2002
General: This Practice Direction relates to the practices and procedures of Magistrates and
Court Officers when dealing with the forfeiture of bail monies as a result of the failure
of accused persons to appear at Court whilst on bail.
Commencement: '['his Practice Direction comes into force
forthwith. Purpose:
Currently bail monies are not routinely forfeited upon a Warrant of Arrest being issued for
the failure of an accused to attend court whilst on bail. In most instances, the Warrant of
Arrest is issued and the decision of the bail monies is set aside until the accused person is
arrested. Unfortunately the re-arrest rate for Warrants of Arrest is minimal. This results in
the decision relating to the forfeiture or non-forfeiture of bail monies never being
determined.
Procedure
(1) 1 f an accused person fails to attend Court whilst on bail, the police prosecutor will
ask for a Warrant of Arrest to be issued for apprehension of the accused person.
(2) Unless unusual circumstances prevail, the matter is to be adjourned to a specific date
approximately one month ahead. The question of the disposition of the accused bail
monies is reserved to that date. The purpose of the adjournment is to give the police an
opportunity to arrest the accused person and bring the accused person before the Court
on the adjourned date.
(3) If the accused person is arrested prior to the adjourned date the matter can be
relisted and mentioned before the court at any convenient time.
(4) Whether the Warrant of Arrest has been executed or not, on the adjourned date, the
Magistrate shall, where possible, determine the question of forfeiture or non -
forfeiture of the accused bail monies.
84
In determining whether bail should be forfeited Section 17(a) of the Bail Act should be referred to.
It states that:
"A person granted bail
Shall appear at the time and place specified by the bail authority and at every time and place to which, during the course of the proceeding, the hearing may be from time to time adjourned".
(5) The issue of the substantive charge(s) for which the accused was originally arrested is to be relisted and determined upon the Warrant of Arrest being executed, and the accused person being bought before the Court.
(7) The Clerk of Courts is to ensure that if bail is forfeited the correct notification is forwarded to the Department of Finance.
(S) The form attached to this practice direction, is the notification to be used when notifying the Department of Finance that an accused persons bail is to be forfeited.
Dated this day of 2002
Chief Magistrate
District Court Phone Number
FORFEITURE OF BAIL
Date First Assistant Secretary Public Accounts Division Department of Finance Vulupindi Haus P.O. Box 710 Waigani, NCD Attention
Please note that the District Court on the day Of---200- ordered that the following persons have their bail monies forfeited because of failure to attend Court.
Court File Number
Defendants Name Magistrate Amount of Bail to be
Forfeited. Official Receipt
Number
Attached to this notification is the official receipt(s) for the bail.
The above mentioned bail monies can now be transferred from the Trust Fund Suspense account into Consolidated Revenue vote No, 123/4.
1 certify this to be a true and correct copy of the Order of the Court.
Made this day of 200
Clerk of Court
86
5.17 FORFEITURE OF BAIL MONIES FLOWCHART
Currently bail monies are not routinely forfeited upon a Warrant of
Arrest being issued for failure to attend court whilst on bail. As
accused persons may not be rear rested the bail monies will never
be forfeited.
If an accused person fails to attend Court whilst on bail, the police
prosecutor will ask for a Warrant of Arrest to be issued for
apprehension of the accused person.
Unless unusual circumstances prevail, the matter is to be
adjourned to a specific date approximately one month ahead. The
question of the accused bail monies is reserved to that date. The
purpose of the adjournment is to give the police an opportunity to
arrest the accused person and bring the accused person before
the Court on [he adjourned date.
If the accused person is arrested prior to the adjourned date the matter can be relisted and mentioned before tile court at any convenient time.
Whether the Warrant of Arrest has been executed or not, on
the adjourned date, the Magistrate shall, where possible,
determine the question of forfeiture or non-forfeiture of the
accused bail monies.
'the issue of the substantive charge(s) for which the accused
was originally arrested is to be relisted and determined upon the
Warrant. of Arrest being executed, and the accused person
being bought before the Court
'the Clerk of Courts is to ensure that if bail is forfeited the correct
notification is forwarded to the Department of Finance.
'lhe form attached to this practice direction, is the notification to
be used when notifying the Department of Finance that an
accused persons bait is to be forfeited.
87
5.18 CONVERSION OF BAIL MONIES INTO FINES
Purpose
The purpose of this instruction is to streamline and standardize the practices and procedures associated with converting bail monies into fines. These instructions have been developed after consultation with the Acting Chief Magistrate, Deputy Registrar, District Courts, and the Department of Finance.
Procedure
Upon an accused person being fined in Court and either the whole fine, or part thereof, being ordered to be converted from the accused persons bail monies into fines, the attached form is to be completed.
The details of the form and the date it was forwarded to the Department of Finance are to be entered into the remarks column of the Court Register.
All notifications concerning Conversion of Bail monies into fines are to be forwarded directly to the Department of Finance. Under no circumstances are the notifications to be forwarded to the Royal Papua New Guinea Constabulary. If the Royal Papua New Guinea Constabulary indicate they are holding police bail advise them to immediately forward the bail monies to the Department of Finance.
The form is then to be forwarded to the address below:
First Assistant Secretary Public Accounts Division Department of Finance Vulupindi Hans P.O. Box 710 Waigani, NCD
National Judicial Staff Services
District Court
Phone Number
BAIL, CONVERSION INTO FINES
Date First Assistant Secretary Public Accounts Division Department of Finance Vulupindi Haas P.O. Box 7111 Waigani, NCD
Please note that the District Court on the day of _200 _ordered that the following persons have part or all (heir bail monies converted into fines.
Court File
Number Defendants
Name Magistrate
Amount of Bail
Amount of Bail to be Converted into
Revenue.
Official Receipt Number
Attached to this notification is the official receipt(s) for the bail.
The above mentioned bail monies can now be transferred from the Trust Fund Suspense account into Revenue Vote No 123/4.
1 certify this to be a true and correct copy of the Order of the
Court. Made this day of 200
Clerk of Court
28
The form is then to be forwarded to the address below:
First Assistant Secretary
Public Accounts
Division Department of
Finance Vulupindi Haus
P.O. Box 710
Waigani,
NCD
All notifications concerning conversion of Bail monies
into fines are to be forwarded directly to the Department
of Finance, under no circumstances are the notifications to
be forwarded to the Royal Papua New Guinea
Constabulary. If the Royal Papua New Guinea
Constabulary indicate they are holding police bail advice
them to immediately forward the bail monies to the
Department of Finance.
The details of the form and (lie date it was forwarded to
the Department of Finance are to be entered into the
remarks column of the Court Register.
Upon an accused person being convicted, bail monies may
be ordered to be converted into fines. The Bail conversion
into fines form is to be completed.
This process is designed to standardize and simplify the
practices and procedures associated with converting
bail monies into fines
5.19 CONVERSION OF BAIL MONIES INTO FINES FLOWCHART
5.211 COURT HEARING NOTIFICATION
Purpose
PNG courts use different methods to notify court users of hearing times and the courtrooms that cases will be heard. Some courts do not publicly post any form of daily court hearings detail for viewing by (he public at their respective Courts. This procedure is designed to ensure that court details are posted on notice boards and to standardize the procedures used to post the daily court listings. The practice will assist in reducing public inquiries at Court Registries prior to, and whilst the Court is sitting, and will also provide a greater service to the public by increasing the public confidence in the courts ability to manage it's affairs. The practices and procedures identified in this instruction were made after consultation with the Chief Magistrate.
Procedure.
Attached to this instruction is the a Practice Direction issued by the Acting Chief Magistrate, together with the pro-forma notice for the court hearing details notice that is to be placed on the public notice board within District Courts. The form is to be completed with the relevant Court details and placed on the public notice board prior to the commencement of the daily sittings.
91
DISTRICT COURTS
PRACTICE DIRECTION FOR THE PLACING OF COURT DETAILS FOR
PUBLIC VIEWING IN ADVANCE OF COURT HEARINGS.
18 September 2002
Practice Direction No of 2002
General: This practice direction describes the practices and procedures for Magistrates and
Court Officers for the posting of court details on Court -house public notice boards prior to
the days hearings commencing.
Commencement: This Practice Direction comes into force forthwith.
Purpose: This Practice Direction is designed to assist Magistrates and Court Officers in
ensuring that maximum use is being made of Court facilities. It will assist in notifyin g court
users in advance of courtroom allocation, in turn reducing counter inquiries at Court
Registries and will also provide a greater service to the public by increasing the public
confidence in the courts ability to manage it's affairs.
Procedure
1. Magistrates are to decide on the day prior to a case commencing within which
courtroom the case is to be heard.
2. Court Officers shall obtain from Magistrates the day prior to a Court sitting the
courtroom allocation of all the matters the Magistrate will hear.
3. The Clerk of Courts at each Court shall ensure that the Court details as per the pro-
forma document attached to this Practice Direction are posted on the Courts Public
Notice Board prior to the commencement of the days Court sittings.
Dated this day of 2002
Chief Magistrate
92
Informant Defendant Charge Fresh Plea Mention PSR Trial Decision
93
Daily Details of Court Sittings
I)aily details of Court sittings
......................Court. Dated....../........./...... ... ..
Court Room No ... ... ....
5.21 COURT HEARING NOTIFICATION FLOWCHART
This procedure is designed to ensure that court details are
posted on notice boards and to standardize the procedures
used post the daily court listings
Magistrates are to decide on the day prior to a case
commencing that courtroom the case is to be heard
Court Officers shall obtain from Magistrates the day prior
to a Court sitting the courtroom allocation of all the
matters the Magistrate will hear.
The Clerk of Courts at each Court shall ensure that the
Court Details as per the pro-forma document attached to
this Practice Direction are posted on the Courts Public
Notice Board prior to the commencement of the days
Court sittings
94
5.22 MONTHLY
STATISTICS Purpose
The purpose of this instruction is to standardize the practices and procedures associated with providing the Chief Magistrates Statistician with accurate and timely data.
Procedures for compiling Statistics
The form attached to this instruction is the pro-forma return, designed to be completed and forwarded to the Statistician who is attached to the Chief Magistrates office. Each Court Officer, attached to either a Magistrate or a jurisdiction within a Court, is to accurately complete the sections of the return for which he/she is responsible.
The Court register is to be used as the reference for obtaining the data for inclusion in the monthly statistical returns. Each Magistrate at your Court is to have a monthly statistical return forwarded to the Chief Magistrates statistician.
The totals for each return are to be entered on each return. The totals are to be inserted both at the end of each row and at the end of each column.
Clerk of Courts to Forward Statistics
The Clerk of Courts at each Court has the responsibility to collect data and ensure that the various Magistrates statistical returns are completed. The Clerk of Courts shall keep a copy of the return form. These returns, together with the first copy of the Court Registers are to be forwarded to:
Chief Magistrates' Statistician; Magisterial Services P 0 Box 7018 Boroko
National Capital District, or Fax Number 3255691
The second copy of the Register is to be sent to; Deputy Registrar District Court Magisterial Services P O Box 7018 Boroko National Capital District, or Fax Number 3255691
Both copies can be sent in the same envelope.
'hire Deputy Registrar District Courts has a checklist to ensure that all returns are forwarded and received at the above address.
95
•.23 Monthly Statistics for District Courts COURT MONTH MAGISTRATE
CRIMINAL GRADE FIVE AND TRAFFIC RETURIN
Pine Misc Struck
GBB Warrant
of Arrest Gut
Remand Dismissed Adjourned Sentence Convicted &
Discharged Withdrawn Rising of Probation Transfer Total
the Court
Total
COMMITTAL RETURN
Committed Withdrawn Dismissed Adjourned Warrant Remand Dealt with Total
of Arrest Summarily j
Total j
CIVIL RETURN
Judgement Withdrawn Struck-out
/ Dismissed
Adjourned Sine Die Transferred Total
I
Total
FAMILY LAW
Judgement Withdrawn Struck-out/ Dismissed
Adjourned Sine Die Transferred Total
-
Total
CHILDRENS COURT RETURN
Fine GBB Warrant
of Arrest Remand S/Out
Dismissed Adjourned Sentence Convicted & Discharged
Withdrawn Rising of Probation the Court
Transfer Total
Total
34
Magistrate Court Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
5.24 STATISTICAL RETURN CHECKLIST 2003
Total Number of Cases listed each month - details from Daily Diary
The clerk of Courts shall keep a copy of the return form. These returns, together with the first copy of the Court Registers are to be forwarded to: Chief Magistrates Statistician; Magisterial Services
P O Box 7018, Boroko
National Capital District, or Fax Number 3255691
The second copy of the Register is to be sent to; both copies can be sent
in the same envelope. Deputy Registrar District Court Magisterial Services P O Box 7018, Boroko
National Capital District, or Fax Number 3255691
The Deputy Registrar District Courts has a checklist to ensure that all
returns are forwarded and received at the above address.
The Clerk of Courts at each Court has the responsibility to collect and ensure that the various Magistrates' statistical returns are completed.
The Court Register is to be used as the reference for obtaining the data for inclusion into the monthly statistical returns. Each Magistrate at your court is to have a monthly statistical return forwarded to the Chief Magistrates statistician.
Each Court Officer attached to either a Magistrate or a jurisdiction within a court, is to accurately complete the sections of the return for which he/she is responsible.
The form attached to this instruction is the pro-forma return, designed to be completed and forwarded to the Deputy Registrar attached to the Chief Magistrates office.
The purpose of this instruction is to standardize the practices and procedures associated with providing the Chief Magistrates Statistician with accurate and timely data.
5.25 MONTHLY STATISTICS FLOWCHART
36
37
5.26 REFUND OF BAIL
MONIES Purpose
The purpose of this instruction is to streamline the administrative process used to arrange a refund of bail monies.
Procedure
The process of arranging a refund of bail monies is complex and extremely inconvenient to those persons arranging to have bail refunded.
A person whose bail is to be refunded must obtain an order from a Court who made the order, authorizing such refund. The order has to be signed by a Clerk of Court who is a Financial Delegate. Unfortunately only Clerks of Court at large Courts are Financial Delegates. This is further complicated by Clerks of Court usually requesting the individual arranging the refund to return to the Court at a later date to allow time for the necessary forms to be prepared. If the Court who ordered that the bail be refunded does not have a Financial Delegate the person requesting the refund must travel to a Court where the Clerk of Courts is a Financial Delegate. In provincial areas this can result in a lengthy and costly journey. The individual arranging the refund must then travel further to the nearest Department of Finance office to obtain the refund incurring further delay and cost.
It is recommended that to streamline and standardize these procedures that the following administrative changes take place.
• All Clerks of Court by virtue of their position become Financial Delegates. This would alleviate the necessity for court users to travel to a Court where the Clerk of Courts is a Financial Delegate.
• That Clerks of Court use the forms attached when processing refunds. This form would be able to be completed in writing and signed by a Clerk of Courts and Magistrate and sealed using the Courts seal.
The combination of these two recommendations would result in the individual arranging for a refund of bail being able to do so at the conclusion of the Court case on the same day.
These procedures would greatly streamline to current practices and vastly improve on
the unsatisfactory level of customer service provided at present when arranging a refund of bail.
5.27 REFUND OF FLAIL MONIES FLOWCHART
The Court may order that bail monies be
refunded in circumstances such as au
accused person being acquitted or
discharged.
The person whose bail monies are to be refunded must
obtain from the a Court a Refund of Bail Form signed by
the Clerk of Courts (Financial Delegale) and the Magistrate
who made the order. The Clerk of Courts shall arrange for
the Magistrate to sign the refund form as soon as
practicable after the order for refund was made. The Clerk
of Courts shall ensure that the original bail receipt is
attached to the refund form.
The Clerk of Courts shall endorse
the Court Register that the refund
form has been signed and given
to the person requesting the
refund.
The Clerk of Courts shall
advise the person seeking the
refund to attend the closest
Department of Finance office
to obtain the
refund of the bail monies.
National Judicial Staff Services District
Court Phone
Number
REFUND OF BAIL
Date / /
First Assistant Secretary
Public Accounts
Division Department of
Finance Vulupindi Haus
P.O. Box 710
Waigani,
NCD Please note that the District Court on the
day of 200 ordered that the following person
have their bail refunded.
Court File
Number Defendants Name Surety Magistrate
Amount of Bail to be
Refunded.
Official Receipt
Number
_
Attached to this notification is the official reccipt(s) for the bail.
The above mentioned bail monies can now be refunded to the defendant and or
surety named herein... ... ... ... ... ... ... ... ... .. ... ... ... ...
l certify this to be a true and correct copy of the order of the Court
Order. Made this day of 200
Clerk of Court
/Magistrate Financial
Delegate
39
5.28 NATIONAL COURT OUTSTANDING PENALTIES
Purpose
The purpose of the National Court Outstanding Penalties Register is to ensure that the Court takes control of the process of enforcing its monetary penalties and ensures penalties are enforced.
Instructions The National Court Outstanding Penalties Register shall be in the following format.
File Number
Accused name Date of Order Details
Order J Due Date
Action Taken
Date Paid
The Deputy Registrar shall assign a Clerk to manage the procedures required to ensure that the Outstanding Penalties Register is maintained in an accurate and timely manner. Where a penalty imposed by the Court is overdue the Registry clerk assigned to manage Outstanding Penalties Register shall advise the Judge who imposed the penalty that the amount to be paid is overdue. The Judge shall advise the Clerk what enforcement action is to be undertaken.
The Deputy Registrar of each National Court shall inspect the register on a monthly basis to ensure that all necessary steps have been taken to enforce the Courts' monetary penalties.
5.29 NATIONAL COURT NUMBER ALLOCATION IN ADVANCE FOR PROVINCIAL COURTS
Purpose
Court users are inconvenienced as a result of provincial court staff being required to telephone the database at Waigani to obtain a court number for provincial matters. The system outlined below is designed to correct this procedure.
This recommendation will improve the quality of service provided by the National Court by alleviating the current inconvenience caused to court users.
National Court Number Allocation Procedure
Each Court will be allocated sufficient Court numbers to allocate to the cases that each court issues per year. These numbers will be forwarded to Courts prior to the start of each calendar year.
102
To allocate a number to a case, each court shall select the next number from the list
of numbers provided.
At the end of each month the return outlined below must be completed with the
details of the cases that were issued with a new case number.
The returns are to be forwarded to the Waigani National Court no later than the
third (3) day of each calendar month.
The details to be entered are set out below:
Civil matters
Party (I) Complainant
Defendant
Party (2) Date
Lodged
Location
(court) Other
Plaintiff
other
Defendant
Plaintiff
Reps
Defendant
Reps
Details of
matter
Statement of
Claim Claim
G Criminal Matters
Inform I Defend Location Committal Date Offence Committed Code Date Bail Remand Listing
ant (court) Location Committed by Se of K Dale Date
Date Section Bail (Prison)
K
Attached to this section is a copy of the Criminal and Civil returns that are to
be forwarded to the Waigani National Court.
The Waigani National Court Fax number is: 3231092
please note that the one of the duties of the inspecting Court Officers will be to
ensure that the above mentioned Returns are complied accurately and
forwarded to the Waigani National Court in a timely matter.
5.30 NATIONAL COURT CRIMINAL RETURN
To be faxed to the NATIONAL COURT DATABASE
Fax No 3231092 Prosecuted by
Defendant
Committal Court--
Committal Date
Committed by
Details of Offence
Code Section
Court Bail
-()ate of
Date of Rem
and
T&-01
-1 Cwhi Custody)
Prosecuted by
Defendant an Committal Court
Committel Date
Details o I Off Offence n
by
Code Section
Court Bail
Date of Bail
_
Date of Remand
Prison (if in Custody)
5.3 t NATIONAL COURT CIVIL RETURN
To he faxed to the NATIONAL COURT
DATABASE Fax No 3231092
party j
Party 2
Other Plaintiff
Plaintiff Lawyer
(Representatives)
Defendants Lawyer
(Representatives)
Details of Matter
Statement of Claim
_
Party 1
h Party
y 2.____
_
Other Plaintif
Other Defendant
Plaintiff Lawyer
(Representatives) _
Defendants Lawyer
(Representatives) _
Details of Matter
Statement of Claim n
Party 1 Party 2
Other Plaintiff
Other Defendant
Plaintiff Lawyer
(Representatives)
Defendants Lawyer
(Representatives) _
Details of Matter
Statement of Claim
44
5.32 BACKUP PROCEDURES FOR SUPREME AND NATIONAL COURT DATABASES
Purpose
The purpose of this instruction is to set a series of practices and procedures to ensure that both the Supreme and National Court Databases are routinely backed up. This is to ensure that the Courts Case Management data is retrievable should the databases be damaged, stolen or lost.
Instructions
The Database Manager is to ensure that on the last working day of each week' the Supreme and National Court Case Management systems are backed up. This process will be achieved using the CD burner attached to the Database unit's computer. The backup CD is to be stored offsite at a location that has been approved by the Registrar of the Court.
The CD shall be endorsed with the date of the backup. These details are to be endorsed in a Register to be kept by the Database Manager.
Chapter 6.0 Archiving and Storing of Files
Procedures 6.I PURPOSE
The aims of the Archiving procedures are to:
• Identify records which are worth preserving permanently as part of Papua
new Guineas archival heritage
• Prevent the premature destruction of records which need to be retained for a
specified period of time to satisfy legal, financial and other requirements of
public administration
• Authorize the destruction of those records not required permanently after
specified periods
• Set practices and procedures for the storing of courts records
6.2 PERMANENT RECORDS
The following category of records are to be considered records of permanent value
and therefore are to be permanently stored and never to be destroyed.
• Land records-both from the Land Court, and the Land Titles Commission.
• Adoption of Children
• Matrimonial cases
• Decisions from the Family Court
• Decisions from the Children's Court
• Wills & Probate files
• Any other decisions which the Registrar or Court thinks should be preserved
permanently
• Company Matters
6.3 PERMANENT ARCHIVING OF RECORDS
No Court records may be destroyed except with the written consent of the Archivists
after consulting with the Registrar or his delegate.
All Port Moresby based court records to be disposed, must be forwarded to the NJSS
archivist in Port Moresby. Disposal schedule forms 2A & 2B (see attached) must
accompany the records.
6.4 RECORD KEEPING
Whilst the Archives policy deals with procedures relating to archival purposes it is
also important to keep in mind, record keeping functions.
• A record is any recorded information of any kind and in any form, created
or received and accumulated by an organization or person in the transaction
of business or the conduct of affairs and subsequently kept as evidence of
107
State Records of NSW, designing & Implementing Records System
HTTP://www.records.nsw.gov publicsector/DIRKS/final/introduction/introduction Accessed 15/4%03
108
• Record keeping is making an maintaining complete, accurate and reliable evidence of business transactions in the form of recorded information. (AS4390 Australian Standard: Records Management Standard Association of Australia),
• Electronic record: records maintained and communicated by mean of electronic equipment.
• Electronic Record Keeping System: Electronic information systems that
capture, maintain, communicate and provide access to records over time
Records that have continuing value become archival records.
The traditional methods of record keeping are now been replaced by electronic means. This means that Electronic Document Management Systems (EDMS) are been used to manage electronic documents. EDMS are complex systems that can include processes from managing through to their complete if lifecycle eg. From creation, capturing, registration etc. It also stores, retrieves and manages large discrete units of data such as spreadsheets, image files, texts etc. data depository, workflow tools, communication, retrieval and security management functions.
In a legal context, it is important to understand that when you are moving from the paper based records to adopting an electronic system; DIRKS (Designing & Implementing Records System) methodology should be used as a guideline to adopt an electronic system.
1. Analysis of Business Activity
2. Identification of record keeping requirements
3. Assessment of existing systems
4. Identification of strategies for record keeping
5. Design of records system(s)
G. Implementation of records system (s)
7. Post Implementation Review (Maintenance)
Much more detailed information of the steps listed above can be obtained from the
url list below'
Type of Record Period to be Period to be
Period to be destroyed Archived Archived in within Court NJSS Archive
Premises Unit
Court Registers Fifteen years Forever Never
Court Files:
• Criminal Five years 20 Years After 20 years one box in every (includes twenty to be retained. Others to be
grade 5) destroyed • Civil Five years 15 years After 15 years one box in every
(includes twenty to be retained. Others to be
grade 5) destroyed
• Childrens rive years 20 Years After 20 years one box in every twenty to be retained. Others to be
destroyed
• Wilts _
• Dissolution
of marriage
• Matrimonial
Cases
• Special Land
Cases
• Bankruptcy
1
0
9
6.6 NATIONAL COURT ARCHIVE SCHEDULE
Type of Record Period to be Period to be Period to be destroyed Archived Archived in within Court NJSS Archive
Premises Unit
Court Registers fifteen years Forever Never
Court Files:
• Criminal Five years 20 Years After 20 years one box in every (includes twenty to be retained. Others to be
Grade 5) destroyed
• Civil Five years 15 years After 15 years one box in every (includes twenty to be retained. Others to be
Grade 5) destroyed
• Childrens Five years 20 Years After 20 years one box in every twenty to be retained. Others to be
destroyed
_
Commital
Five years 20 Years _
After 2l1 years one lox in every twenty to be retained. Others to be
destroyed
• Traffic Five years 15 Years After 15 years one box in every twenty to be retained. Others to be
destroyed
6.5 DISTRICT COURT ARCHIVE SCHEDULE
6.7 SUPREME COURT ARCHIVE SCHEDULE
Type of Record Period to be Period to be Period to be destroyed Archived Archived in
within Court NJSS Archive
Premises Unit
Court Registers Fifteen years Forever Never
Court Files:
• Criminal Five years Appeals
• Civil Appeals Five years Human rights Five years
Applications
6.8 ARCHIVE BOXES
The Archive boxes used for the permanent archiving of files can be obtained by writing
to the address below. The number of boxes required is to be stated in the request.
Archivist National Judicial Staff Services P 0 Box 7018 Boroko
National Capital District.
6.9 TRANSFER OF RECORDS TO PORT MORESBY COURT ARCHIVE UNIT
Courts within the National Capital District and Central Districts can transfer completed Court records to the NJSS archive unit. All completed Criminal and Civil files over 5 years since the date they were disposed can be relocated to the NJSS archivist.
Before any records are transferred to the NJSS Archive unit, contact should be first made with the unit to arrange for the transfer of files. Files are not to be forwarded without first making contact with the unit.
Prior to any files being archived a list of the files must be complied. This involves the Court staff filling out the list of cases on the form attached to this instruction as form form 2B.. A copy of this list shall be kept by the Court and the original forwarded with the files to the Archive unit.
6.10 FILING OF COURT FILES WITHIN A COURT
All court files are to be filed in year and number order in the appropriate filing space
unless;
• the file is in use and not finalized by the court
The number used for filing purposes is to be the number first allocated to the file upon it being registered with the court.
110
6.11 DISPOSAL SCHEDULE
Form 2A
Archivist
NCD & Southern
Region National Judicial
Staff Service P.O. Box 7018
Boroko, NCD Telephone:
3245700 Fascimile: 3257732
Disposal Schedule Summary Form
File Category:... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
... Jurisdiction: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
... ... ... Accession No: ... ... ... ... ... ... ... ... ... ... ... ....Series No: ... ... ... ... ... ... ...
... ... ... ... Series Titles:... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
... ... ... ... ... Period: ... ... ... ... ... ... ... ... ... ... ... ... ... ... .....Box No: ... ... ... ... ... ...
... ... ... ... ... Disposition Authority
a). Name:... ... ... ... ... ... ... ... ... ... ... Designation:... ... ... ... ... ... ... Date:... ...
... . 1: ... ... ... ... ... ... ... ... ... ....have approved/not approved the attached
schedule. (signature)
b). Name:... ... ... ... ... ... ... ... ... ... ... Designation:... ... ... ... ... ... ... Date:... ...
.... 1: ... ... ... ... ... ... ... ... ... ... have witnessed and acknowledged the above
authority. (signature)
Form 2B
Box No File No Location (for archive unit only)
CHAPTER 7.0 Supreme Court
7.1 JURISDICTION OF THE COURT.
The jurisdiction, or powers of the Court, are conferred upon it by the Constitution. Various Acts of
Parliament provide the Court with power to hear certain other matters. The Constitution provides that
the Court has unlimited jurisdiction. This means it can hear or review any case brought before it and
any case it, wishes to hear of its own accord, whether or not proceedings are brought before it by
individuals. The Court deals with the following types of cases:
• Appeals from any decision of the National Court.
• Reviews decisions of the National Court by virture of Section 155 (2)b of the Constitution. This occurs where a matter is filed and the appeal period of 40 days has expired, or where the law does not allow an appeal to be made. An example of this would be Election Petition cases from the National Court.
• Provide an opinion or advise on whether a proposed law or existing law made by Parliament is valid under the Constitution or complies with the Constitution.
• Develop rules of the Underlying Law.
• Deeds with Human Rights/Applications as provided for under the Constitution.
The Supreme Court is the final Court of Appeal and therefore it's decision cannot be appealed or reviewed by any other Court. However in certain limited situations the Court can review its own decision, for instance, where fresh evidence previously not available to the trial Court comes to light. Note: The Supreme Court Rules are presently being renewed. New draft Rules are available & being reviewed.
7.2 TIMES FOR SERVICE OF DOCUMENTS-SUPREME COURT
Review of The review shall be served as soon as Supreme Court Rules
National possible on all parties to the National Court Order 5 Division 2 Court proceedings from which the judicial act to Rule 2.
be reviewed arises
Reference or Served on Principal Legal Adviser unless Supreme Court Rules Special such application is made by that authority Order 4 Division 4
Reference as soon as possible after it is filed in the Rule 12 & 13.
Registry.
Where a reference or special reference relates to the Constitutional validity of any
Act passed by a) The National Legislature in relation to
any province
b) The Legislature of a province
it shall be served on the Provincial
Government according to law
Enforcement of An enforcement application and supporting Supreme Court Rules Constitutional affidavits shall be served Order 6 Division 3 rights a) on those whose conduct give rise to the Rule 4 action, and b) if action for enforcement is taken against the executive arm of
Government, in accordance with Order
4 Division 4 SEE ABOVE
Application for An application for leave to Appeal must be Supreme Court Rules leave to Appeal. served without delay by or on behalf of the Order 7 Division 4.
appellant on each party. Rule 12
a) Affected by the relief sought by the
appeal or b) Interested in maintaining so much if the
Judgment appeal
Notice of Where the appeal is from a Judge of the Supreme Court Rules Appeal National Court sitting on an appeal from Order 7 Division 3.
the District Court, a copy of the Notice of 11,
Appeal shall be left with the court or 12,13 tribunal from the judgement of which the appeal was brought to the National Court.
A copy of the Notice of Appeal shall be
served without delay by or on behalf of the appellant on each party
a. affected by the relief sought by the
notice of appeal, or
b. interested in maintaining so much of
the judgement as is appealed from
The Court or Judge may direct
c) the notice of appeal be served on any
other person; or d) service on a particular party or person
be dispensed with; or e) service be effected in a particular
manner.
Appeal Book
Unless the court or a Judge otherwise
orders, the appellant shall, not less than Supreme Court Rules
seven days before the commencements of Order 7 Division 16 the sittings at which the appeal is set down Rule 44. for hearing a) lodge with the Registrar and
b) serve on each of the respondents
separately represented,
copies of the Appeal Book as determined under Rule 42 sub-rule C.
Reservation of Upon receipt of a reservation, the Registrar Supreme Court Rules Cases or points shall cause to be served a copy of the Order 8 Division 3.
of reservation- Rule 6. Law a) if under Section 15, on the parties to the proceedings or on their lawyer; and b) if under Section 21 on the Public
Prosecutor, the accused, of his lawyer.
Reference under Upon the filing of the reference, the Supreme Court Rules Section 26 Registrar shall cause to be served with a Order 9 Division 2. Supreme Court copy of the reference- Rule 3,4.
Act a) the person acquitted; and b) the Public Prosecutor; and
c) the Public Solicitor.
For the purpose of rule sub rule service
may be effected a) by sending it by post, addressed to the lawyer who acted for the
person acquitted at trial; and
b) in the case of a body corporate by leaving it at or by sending it by post to the registered office of that
body; and
c) in the case of any other person by
i. post as provided by law; or ii. delivery to the person to
whom it is directed; or leaving it with some person apparently over
the age of 16 years at the last known or
usual place of residence.
Rules of The rules contained in this part apply to all Supreme Court General matters brought under these rules unless in Order 11 Division 1
Application the rules, the contrary intention appears Rule 1
3
Notice of Appearance Supreme Court Rules
A person served with a document by which Order 1l Division 2 procceding are instituted or by which Rule 2 leave or other relief is sought under these
rules and who desires to be heard at any
stage of the proceedings shall, as soon as is practicable or within the time specified in the document or in any other of the court
a) file an appearance in accordance with
form 16 and b) serve a copy of the appearance on each
of the other parties.
Address for Service Supreme Court Rules
An address for service shall be disclosed on Order 11 Division 3. any document by which proceedings are Rules 3, 4,5 & 6
instituted in the court: and
an appearance under Rule 2 of this court.
The address for service shall
a) Contain the name address and telephone number of i. The person on whose behalf the
document is filed; and ii. Be a place within 15 kilometers of the Registry; and iii. An address to which documents in the proceedings may be
posted for that person; and
iv. Where a person is represented by a lawyer it shall be the office of a lawyer or of his Papua New
Guinea agent, but in
v. The case of a lawyer who has requested and been allocated by
the Registrar a compartment in the Document Exchange box located within the Registry then
the deposit of a document in such compartment shall amount
to ordinary service with the meaning of this sub-rule; and
b) Be in accordance with form 18.
The address so disclosed shall remain the
address for service until notice of change of
address is filed in the Registry and served
on any other party to the proceedings where
a lawyer ceases to act for a party, he shall
file in the registry a notice of that fact.
4
Service Where in these rules service is required of
any document, it may be effected
a) by serving a signed and sealed copy of
the document personally on the party to
be served; or
b) by delivering a signed and sealed copy
of the document to i. the address for service of a party
given in accordance with division
3;or
ii. the address for service of a party in the proceedings in the National
Court from which the present
proceedings arose; or
c) where a lawyer of a party has an
address for service disclosed, service shall be effected at that address whilst
such a lawyer continues to act for a
party
5
7.3 SUPREME COURT CIVIL APPEAL INSTRUCTIONS Box No Instructions
The Notice of Appeal (NOA) (see Form R in this section) is received (5 copies or
more if many respondants at the Supreme Court Registry together with the official
receipt of the filing fee(K50.00). The appeal is received and forwarded to the
Deputy Registrar Supreme Court who checks the following.
• 40 days time limitation is adhered to; • layout and content of documents are correct;
• documents signed by the lawyer filing the Appeal;
If documents are in correct form, they are signed by the Deputy Registrar.
Supreme Court Rules Order 7 Division 1
2. The file is then referred to the database operator who enter all relevant details
onto the Supreme Courts database and allocate a. court number.
The database/operator then forwards to file back to Supreme Court Civil Appeals
Clerk.
3. Civil Clerk seals Notices of Appeal with round seal and original of NOA is also
sealed with the square seal., a copy of filing fee receipt is also sealed.
Three of the copy NOA's and a copy of the official sealed receipt are returned to
the (Appellant) lawyer who filed the NOA.
The Civil Appeal Clerk creates the Court file by:
1. Endorsing the front of the file Coversheet with
• the names of the parties
• date of commencement of appeal
• file number
• amount of filing fee
• date of filing
• names of documents on the NOA file
• name of Judge
• national Court file number
• court Sitting Date
2. Binding 3 copies of the NOA together with the filing fee receipt on the right
hand side of the file cover by punching holes in the NOA's.
3. The Appeals clerk prepares and forwards a memo to the Deputy Registrar or
Assistant Registrar National Court (whoever the case may be), requesting the
National Court file for the matter be forwarded to the Supreme Court.
Details of the memo are entered onto the Supreme Court Database.
0
4. The lawyer for the Appellant arranges for the Documents to be served on the
Respondent(s). (See timelines for service in this section Jbr timeframe of serving
documents).
The lawyers for the respondent files a Notice of Appearance (see Form 16 in
Supreme Court Section of this Manual) and serves a copy on the Appellants
solicitor.
Appellant's solicitor files draft Index of Appeal Book to Deputy Registrar,
Supreme Court and serves copy on Respondents lawyers.
On the date and time appointed on the Notice of Appeal, both the Appellants and
Respondents Solicitor attend before the Deputy Registrar, Supreme Court to settle
the draft index of the Appeal book.
5. Appellant's lawyers bind the Aupeal Book (5 copies) according to the settled
index of the Appeal book and forward copy to the respondent's solicitor together
with Certificate of Correctness of the Appeal Book.
If respondent agrees to the contents of the Appeal Book, they sign the certificate
and return Book to Appellants solicitor.
The Appellants solicitor then files the Appeal book in the Supreme Court
Registry.
Appeal Books are checked by Registry to ensure that:
• The book has a title page
• The respondents lawyers have certified the Appeal book
• All pales have been numbered
• Every tenth line is numbered • Index corresponds with actual contents
Thickness of Appeal Book clots not exceed 38 mm
(Supreme ('purl Rules 43,b)
The Supreme Court conducts a call-over of the new cases in it's list on a regular
basis. Presently weekly in the month that the Court isn't sitting.
The Supreme Court Registry sends out hearing notices with the time and date of
the call-over to the parties & lawyers in the proceedings.
The date of hearing for the trial is allocated by the Chief Justice at the callover . If
the Chief Justice is unavailable to conduct the callover, the Deputy Registrar
Supreme Court conducts the calllover.
?. As a result of the Supreme Court callover, the Deputy Registrar Supreme Court prepares a sitting list and forwards it to the Chief Justice for the allocation of a
Judge to hear the Appeals.
The completed list is returned to the Deputy Registrar, Supreme Court, who gives
a copy to the Registry. Registry Clerks locate the Appeal files and provide a copy
of the list and a copy of each appeal file to the Judges nominated to hear the
Appeals. This is done at minimum one week prior to the sittings commencing.
7
The Judges hear the Appeals on the appointed date and time in the sitting list.
The decision is delivered on the same date or reserved to be delivered on a later
date.
One of the Judges who heard the Appeal can hand down an Appeal decision on
behalf al the remaining Judges or all the Judges can be present and sometimes
band down then own decision if dissenting.
. 9. If the lawyers, or a lawyer and their client are unable to agree on costs, the lawyers can file a Bill of Costs in the Supreme Court Registry asking for the
Deputy Registrar, Supreme Court to determine, (fax) the amount of costs for the
case
Upon receiving the Bill of Costs, Registry Clerks set a dale and time and endorse
it on the Bill of Costs. The date is entered in the Appointment dairy for the
Deputy Registrar, Supreme Court.
The party requesting the Bill of Costs to be taxed serves a copy of the Bill of
Costs on the other Party
The Deputy Registrar Supreme Court hears and determines the amount of costs.
A Certificate of Taxation is prepared by the Party who prepared the Bill and is
signed by the Deputy Registrar. This is served on the other Party by the Party in
whose favour the courts order is made.
10. Before the file is archived all necessary information is entered into the Supreme
Court Database, including archiving in formation details.
8
7.4 SUPREME COURT CIVIL APPEAL FLOWCHART
1. . Notice of Appeal (NOA)
received
2. NOA referred to Database
3. NOA is the- registered in
Court Registry
4. Notice of Appeal is Served
5. Appeal book finalized 10. Database is
updated.
9. Costs of the Appeal to
be determined at taxation
8. The Appeal is ward.
7. Hearing date
and Judges
Allocated
6. Callover held by
Supreme Court.
BOX PROCEDURES SUPREME COURT ACT/
# RULE
Notice of Appeal filed via mail by prisoner or hand Sect.32 - SC Act.
delivered by CS Officers. Checked and referred to Sect.22- SC Act. Deputy Registrar Supreme Court for confirmation on:- Sect. 17 - SC Act.
1. Time limitation (40 days appeal period) 2. Grounds of appeal. 0.1 Rule 8(c) & Form 1- SC
If all is correct, file is referred to Data Entry Officer. Rule.
2 Data Entry Officer issues a file number and enters the details in the database. Matter is registered as an
appeal (SCRA), if received within 40days and review
(SCRev) if outside 40days appeal period.
Notice Of Appeal (NOA) is then referred to Criminal
clerks.
-3 - Criminal Clerk takes the following steps when creating
the file: -
1. Stamp the NOA with SC seal on both sides. On the
front page, under the round seal, stamp the
document with the square seal as well. Write the folio number, on top of the square seal, date and
cross out the word `fee' and sign. Make a copy of
the sealed appeal application.
2. Obtain a file cover and on the cover, write the
names of the parties (Appellant & Respondent), type of appeal (Criminal Appeal or Review), date commenced, file reference, date of filing, name of
document (NOA). At the bottom of the file write
the trial judge's name, place of National Court
sitting and Nat. Court file number. Prepare a Record Sheet and paste it on the left-hand side of the inside cover. Bind the NOA on the right-hand
side of the inside cover.
3. Write to Public Prosecutor requesting to file an
`Appearance', enclosing a copy of the sealed
N.O.A. Second letter goes to Prisoner/ Appellant
informing him of file reference, copy to
Correctional Service Gaol Commander. A memo to National. Court. Assistant Registrar or D/Court
Clerks of Courts requesting National Court.
Criminal file. Finally, place an Order with the
Court Reporting Office for a Certified Transcript
of National Court hearing.
10
7.5 SUPREME COURT CRIMINAL APPEALS INSTRUCTIONS
Once the criminal file and certified transcript are received the file is referred to Professional
Assistants.
Professional Assistants take the following steps when Div. 15 - SC Rules.
compiling the Appeal Books.
1. Check all necessary documents from the `CR' file
and SC file. If all available, write out the Index of the Appeal Book, prepare A/Book. If not, write out
the Index and follow up with A/Registrars National Court, Clerks of Court or Judge's Associate for
missing documents.
2. Copy all relevant documents and also prepare an
Order of Waiver, to be signed by the Chief Justice
& Certificate of Correctness of Appeal Book
3. All documents are bound together (Appeal Book) 0.7 Rule 43(b) - SC Rules.
and forwarded to Public Prosecutor then to Deputy
Registrar Supreme Court for certification. Make
sure thickness each appeal book is not more than
38mm.
4. Five copies of A/Book compiled. A copy
forwarded to prisoner/appellant and one to Public Prosecutor. Three copies retained on file for three
appeal judges.
5
Registry officers interview the prisoners/ appellants al Bomana Correctional Service(CS) to ascertain if they are ready to prosecute their appeals. If yes, matters are listed on the Call-over. List and dates for hearing allocated by the Chief Justice or DR-SC during the call- over. For matters outside NCD, CS officials are
asked to find out from prisoners whether prisoners/ appellants are ready or not. If so, there is no call-over
conducted, matters are simply listed for hearing.
Hearing - Matter is heard by a three-person SC
bench.
Matters are stood over to another date, if parties not
ready or certain issues to be clarified.
7 Sect. 16 - SC Act. Decision delivered on the same day the appeal is heard, or reserved to a later date. File returned by
Associates to the registry.
8 Upon receipt of the completed file the SC Criminal
Clerk does the following -
1. Writes a memo to the AR-NC returning the `CR'
file with a copy of the SC Order or Decision
attached.
11
12
2. Keeps a copy of the Order and Decision in an
arch lever file for easy access in case of future
queries.
3. Properly binds the documents and with a marker
writing `Dealt with, Appeal Dismissed or Appeal
Upheld' on the file cover.
4. Updates the Criminal Clerks Register and
pending list.
5. Data Entry Officer updates the database. File is
then referred to Filing Clerk for archiving: Filing Clerk advises the Data Entry Officer of the
archiving box number. This information is also
entered in the data base for easy, location of
physical file when requested.
7.6 SUPREME COURT CRIMINAL APPEALS FLOWCHART
1. Notice of Appeal filed via mail by prisoner or hand delivered
by Correctional Service (CS) Officers. It is Checked and referred
to Deputy Registrar Supreme Cburt(SC).
13
2. Data Entry Officer issues a file number and enters the details in
the database. Matter is registered as an appeal (SCRA), if received
within 40days and review (SCRev) if outside 40days appeal
period.
3. Supreme Court Criminal Clerk then takes the required steps to
create a file
4. Upon receipt of Criminal File from National Court &
Transcript of Proceeding.
5. The file s transferred to Professional. Assistant. The Supreme
Courts professional Assistants then take the necessary steps to create
the Appeal Book
6. Registry officers interview the prisoners/ appellants CS to find out if
they are ready to prosecute their appeals. In person at Bomana &
outside Port Moresby by phone or by visiting shortly before sitting in
Province.
7.. Hearing - Matter is heard by a three-person SC bench. Matters
are stood over to another date, if parties not ready or certain issues
to be clarified.
8. Decision delivered on the same day the appeal is heard or reserved
to a later date. File returned by Associates to the Registry upon
delivery of decision or if matter stood over
9. Once decision is delivered file is closed and details recorded on
Database
BOX PROCEDURES SUPREME COURT ACT/
RULE
12. Application to Enforce Constitutional Rights & 02.6, Divisions 1 & 2 - SC Rules. Affidavits, setting out facts giving rise to the
application is filed (3 or 5 copies) with a K50 Form 6 - SC Rules.
filing fee receipt. Documents checked against
the SC Rules by clerks and referred to Deputy Registrar, Supreme Court (DR-SC) for
confirmation. If in order, DR-SC refers
documents to Data Entry Officer.
2. Data Entry Officer issues a file number and
enters the details in the database. Matter
registered with reference SC Application,
followed with a number and year (eg. SC App. 02/02)2. Documents referred to Civil Appeals
Clerk.
Civil Appeals Clerk takes the following steps when
creating the file: -
Stamps the Applications and Affidavits with SC
seal on both sides. On the front pages, under the SC seal, stamp one of each original only with the
square seal. Writes the folio numbers, on top of the
square seals, dates and crosses out the word `fee' and signs. Retain 1 or 3 copies of each Application
and Affidavit and returns the rest to applicant.
Obtains a file cover and on the cover enters details of
the names of the parties (Applicant & Defendant),
type of application (S/ Court Constitutional Rights),
date commenced, file reference, date of filing, name of document (Application for Constitutional Rights
then Affidavit). At the bottom of the file writes the
trial judge's name, place of National Court sitting
and National. Court file number. Prepares a Record Sheet and pastes the record sheet on the left-hand side of the inside cover. Binds the Application(s)
and Affidavit(s) on the right-hand side of the inside
cover.
Lawyers for the Applicant or Applicant in person
serve the sealed copies on those whose conduct gives
rise to the action. These people are known as
Respondents. Affidavit of Service must be filed to
CONSTITUTIONAL HUMAN RIGHTS SUPREME COURT INSTRUCTIONS
7.7
show that application had been served. Respondents' lawyers then file their `Notice of
Appearances'. Parties may make interlocutory applications pending
the substantive application.
5. When the substantive application is ready the matter is then placed on the Call-over list. The lawyers
appear at the call-over and obtain a hearing date and
time.
6. Hearing occurs, a single judge or a three-person
bench hears the substantive application, if parties are
ready. Otherwise case is adjourned to next sittings
of the Supreme Court.
The decision is handed down, the decision is
normally reserved to a later date. _
8. Upon receipt of the completed file the SC clerk does .
the following -:
()Properly binds the documents and with a marker
writes Dealt with, Application granted of
Application refused' on the file cover.
2) Updates the civil clerks register and pending list.
3)Data Entry Officer updates the database
4)File is then referred to Filing Clerk for archiving.
Filing clerk also advises the Data Entry Officer of the archiving box number. This information
is entered in the database for easy access of
physical file when requested.
15
7.8 CONSTITUTIONAL HUMAN RIGHTS APPLICATION SUPREME COURT FLOWCHART
1. Application to Enforce Constitutional Rights & Affidavits, setting out facts giving rise to the Application are filed (3 or 5 copies) with a K50 firing fee
2. Data Entry Officer issues a file number and enters the details in the database. Matter registered with reference SC Application,
Supreme Court Civil Appeals Clerk creates the fire.
4. Lawyers for the Applicant or Applicant in Person serve the seared copies on those whose conduct gives rise to the action.
5. When the substantive application is read. matter is then placed on the Call-over list. The Lawyers or Parties appear at the call-over and
obtain a hearing date and time.
6. Hearing occurs, a single judge or a three-person bench hears the substantive application, if parties are ready. Otherwise it is adjourned to next sittings of the Supreme Court.
7. The decision is handed down. The decision is normally reserved to a later dare.
8. The Supreme Court Civil Appeals Clerk then forwards decision to parties and sends files to the database sections to be updated.
Box No Instructions 1. The application. for bail and supporting affidavits together with K50.00 is
filed
at the Supreme Court Registry. The Deputy Registrar Supreme Court checks
for the following
• Correct form of Application (see Form 4)
• Documents are signed
• Affidavit by 1 or 2 guarantors
• Affidavit by applicant or his lawyer enclosing necessary documents
• if application is defective it is rejected, documents to be returned with
rejection form detailing reasons for rejection.
If documents are correct they are to be forwarded to the database.
2. Database Operator registers the matter by giving it a file number and entering
the necessary information onto the courts database.
The file number is written on the top right hand corner of all documents
lodged
with the application.
The file is then referred back to the Criminal Clerk.
The Criminal Clerk then seals the first and second pages of all documents with
the round court seal. The original of each document is also sealed with the
square court seal. The filing date, filing fee and folio number is endorsed in the
square seal.
The original is retained and the remaining applications are returned to the
applicant or his/her lawyer if he/she is represented.
The court file is created by endorsing on the file coversheet:
• Name of applicant respondent
• Type of matter, SC Bail Application
• Date of commencement • File number
• On the folio section write the date, document number and name of
document
• On the bottom of the cover sheet write the National Court trial judges name
(if any) and the name of the National Court that heard the matter
• Open the cover and paste a record sheet on the left side. On the write side, punch holes on the folder and documents and bind together with a file
fastener.
4.
If the application is to be heard before a single Judge, it is listed in a Motions. List which is usually on a Friday other than a Supreme Court sittings list before
the Chief Justice, or an alternative Judge
1
2
9
7.9 BAIL APPLICATIONS SUPREME COURT INSTRUCTIONS
If the Application is to be heard before the by a three Judge bench, it is listed for a Supreme Court sittings. Copies of the Application and supporting affidavits are distributed to the Judges hearing the matter. The file with the
original documents is given to the president of the bench.
5. The application is heard and decision is delivered on the same date or can be deferred to later dale. The Judges Associate endorses the decision on the Court
File and returns the File to the Registry.
6. Database Operators update Database and the File is then returned to the
Registry.
7. The Criminal Clerk updates the Courts File and endorses File with either Bail Granted or Refused on front cover with a marker. If the National Court file is attached, a copy of the Supreme Court Order is attached to the National Court
File and returned to the National Court Registry.
The Supreme Court file is stored away in archive boxes by the Filing Clerk,
then referred to Archives Office.
18
7.10 BAIL APPLICATIONS SUPREME COURT FLOWCHART
1. Application for bail filed and checked by Registry Clerks.
2. Application sent to database section for registration
3. Criminal Clerk then makes up court file
4. Matter is listed before a Court
5. The Application is beard
6. Database is updated
7. File is updated and returned to the National Court and
archived
131
Section of Act or Regulation
_ _ Description
Form
Number
0.4 Rule 1(D) General form of Reference (Constitution
S.18(1)) 1
0.4 Rule 1(D) General form of Reference (Constitution
S.18(2)) 2
0.4 Rule 1(D) GENERAL FORM OF REFERENCE
(CONSTITUTION S.19) 3
0.4 Rule 20(D) General form of Application 4
0.5 Rule 1(e) General form of Application to review
under Constitution S. 155(2)(b) 5
0.6 Rule 3(d) General form of Constitutional Enforcement
Application(Constitution Sec 57) 6
0.7 Rule 2(e) Application for Leave to Appeal 7
0.7 Rule 8(e) General form Notice of Appeal 8
0.7 Rule 27(f) General form of Notice of Cross Appeal 10
0.7 Rule 55(a) General form Application for Order Under
Order 7 Rule 53 11
0.8 Rule 3(f) General form of reservation 12
0.9 Rule 1(f) General form of Reference
(S26 Supreme Court Act) 13
0.4
0.9
Rule
Rule
11(a)
7
General form Notice of Amendment or
Withdrawal of reference 14
0.10
Rule 3(c) General form Notice of Motion 15
0.1 1 Rule 2(a) General form of Appearance 16
0.1
1
Ru
le 4(b) General form of Address for Service 17
0.11
-Rule 30 General form of Notice of Hearing 18
0.1 Rul
e 8(c)
Notice of Appeal and of Application for
Leave to Appeal against a Decision of the
National Court for Appellant in Person
19
Supreme Court Act
7.11 LIST OF FORMS
132
0.4 Rule 1(D) Form
1 GENERAL FORM OF REFERENCE (CONSTITUTION S.18(1))
IN THE SUPREME COURT S.C.R. No. of 20
OF JUSTICE (Insert number and
year) Reference Pursuant to
Constitution Section 18(1)
Reference by (Insert name
of person making reference)
REFERENCE
1. THIS REFERENCE is made by (insert name of person making the reference) for an
opinion on a question relating to interpretation or application of a Constitutional
Law.
2. THIS Reference arises (herein state briefly the nature of and circumstances in
which the question arises).
3. THE QUESTION IS (to be stated).
4 THE LAW or PROPOSED LAW the validity of which is the subject of this
reference is: (where appropriate a copy of the law or proposed law is to be annexed).
THE CONSTITUTIONAL LAW provisions, relevant are: (state title of
Constitutional Law, Section number and title).
DATE
D: Sgd
(To be signed by
person making the
reference or his
lawyer)
FILED BY: (Form 17)
Application for
Directions
Application will be made to a Judge of the Supreme Court Waigani at ... a.m. on the
day of ... 20...
133
0.4 Rule I (D)
For
m 2 GENERAL FORM OF REFERENCE (CONSTITUTION S. 18(2))
IN THE SUPREME COURT S.C.R. No. of 20
OF JUSTICE (Insert number and
year) Reference pursuant to
Constitution Section 18(2)
concerning or (insert
nature of the reference)
Between (insert names of
parties in Court or
tribunal front which
reference made)
REFERENCE
THIS REFERENCE is made by (insert name of Judge, Magistrate, or Tribunal making the reference).
FOR an Opinion on a question relating to interpretation or application of a Constitutional Law.
THIS Reference arises (herein state briefly the nature of the hearing and circumstances in which the question arises OR if necessary, annexe copy of findings of Judge or referor, together with particulars under 0.4 Rule 2 if necessary).
THE QUESTION IS (to be
stated) DATED: Sgd
Judge
Magistr
134
0.4 Rule 1(D) Form
3 GENERAL FORM OF SPECIAL REFERENCE (Constitution S.19) IN THE SUPREME COURT S.C.R. No.... of 20
OF JUSTICE (Insert number and year)
Special Reference Pursuant
to Constitution Section 19
Reference by (Insert name of
Authority)
SPECIAL REFERENCE
THIS REFERENCE is made by an authority referred to in Section 19 of the
Constitution FOR an Opinion on a question relating to interpretation or application of a
Constitutional Law.
THIS Reference arises (herein state briefly the nature of and circumstances in which the question arises).
THE LAW or PROPOSED LAW the validity of which is the subject of the special
reference is annexed hereto (where appropriate a copy of the law or proposed law is to
be annexed).
THE CONSTITUTIONAL LAW provisions, relevant are (State title of the
Constitutional Law and state Section by number and title).
THE QUESTION IS (to be stated).
DATED: Sgd (to be signed by
Authority according to law).
Designation of the officer
signed to be stated
FILED BY: (Form 17)
Application for
Directions (see Form 1)
135
Order 4 Rule 20(D) Form 4 Y
GENERAL FORM OF
APPLICATION (I leading as Applicable)
Application will be made to a Judge of the Supreme Court, Waigani at ... am on the. . . day of ... 20 ...
1 FOR (state nature of application)
2 GROUNDS (specify each particular ground by paragraph).
3 Affidavits in support of this Application sworn by (list names, dates).
Dated: Sgd
(Applicant or his Lawyer)
FILED BY: (Form 17)
136
0.5 Rule 1(e) Form
5 GENERAL FORM OF APPLICATION TO REVIEW
UNDER CONSTITUTION S. 155(2)(6)
IN THE SUPREME COURT S.C. REV. NO. of 20
OF JUSTICE (Insert number and year)
Review Pursuant to
Constitution Section
155(2)(6)
Application by (insert
name of person seeking Review) APPLICATION TO
REVIEW THIS REVIEW OF THE NATIONAL COURT is sought by (insert name of person seeking the review).
THE JUDICIAL ACT TO BE REVIEWED is-
National Court No:
Parties:
Date of Order:
Order:
(Where appropriate, a ropy of the National Court Order is to be stated and
annexed). GROUNDS (specify each particular ground by paragraph).
ORDER (state relief sought).
DATED:
Sgd
(To be signed by person seeking the review) FILED BY: (Forth 17)
NOTICE: (Forth 18)
137
0.6 Rule 3(d) Form
6 GENERAL FORM OF CONSTITUTIONAL ENFORCEMENT APPLICATION
(CONSTITUTION SECTION 57)
IN THE SUPREME COURT S.C.A. No. of 20
OF JUSTICE (Insert number and
year) Enforcement Pursuant to
Constitution Section 57
Application By (insert
name of person or Court)
APPLICATION TO ENFORCE CONSTITUTIONAL RIGHTS
THIS ENFORCEMENT of Rights and Freedoms is sought by (name of person)
On Behalf of (person/s to be named)
THIS APPLICATION arises (briefly state the nature and circumstances in which
the matter arises).
The CONSTITUTIONAL LAW Provisions, relevant are (state the title of
the Constitutional Law and state Section by number and title).
DATED:
Sgd
(To be signed by
person making the
application or his
Lawyer)
Filed By: (Farm 17)
NOTICE: (Form 18)
138
0.7 Rule 2(e) Form 7 APPLICATION FOR LEAVE TO APPEAL IN THE SUPREME COURT SC APPEAL No of
20 OF JUSTICE
A.B. Applicant/
C.D.
Respondent
APPLICATION will be made to the Supreme Court, Waigani at. . . am on the ... day
of...
LEAVE TO
APPEAL 2.
GROUNDS
(state grounds on which application is based)
Dated:
FILED BY: (Form 17)
Sgd
(Applicant or
his
lawye
r)
139
0.7 Rule 8(e) Form 8 GENERAL FORM NOTICE OF APPEAL IN THE SUPREME COURT S.C. APPEAL No.... of
20... OF JUSTICE
A.B Appellant C.D. Respondent
NOTICE OF APPEAL
1. THE Appellant appeals from the whole (or if a part specify part) of the judgment of
(specify National Court or National Court Judge) given on (specify date) at (place). 2.
(Where applicable) THE appeal lies without leave OR (where applicable) THE appeal
is brought pursuant to leave granted on (specify order)
3. GROUNDS (specify each particular ground by paragraph).
4. ORDER SOUGHT (state what judgment or order appellant seeks in lieu of
the judgment appealed from).
Dated:
Sgd: Appellant or his Lawyer FILED BY: (Form 17) APPOINTMENT
The Appeal Book will be settled before the Registrar at the Supreme Court at (time)
on the (date).
Registrar
140
0.7 Rule 27(f) Form
10 GENERAL FORM NOTICE OF CROSS APPEAL IN THE SUPREME COURT S.C. APPEAL No. of 20
OF JUSTICE
A.B.
Cross
Appellant C.D.
Cross Respondent
NOTICE OF CROSS APPEAL
1 The Respondent cross appeals from (.specify part) of the judgment of
(specify National Court or National Court Judge) given on (specify date) at
(place).
2 (Where applicable) The cross appeal lies without leave.
3 (Where applicable) The cross appeal is brought pursuant to leave granted on
(specify order) OR Leave to cross appeal is sought at the hearing as the matters
to be raised in that application are in whole and/or in part (whichever is
applicable) the substantive matters constituting the grounds of cross appeal as set
out in the grounds numbered (here state).
4 GROUNDS (specify each particular ground by paragraph).
5 ORDER SOUGHT (state what judgment or order cross respondent seeks in lieu of
the judgment appeal from).
Dated:
Sgd
(Respondent or
his Lawyer)
FILED BY: (Form 17)
141
0.7 Rule 55(a) Form
11 GENERAL FORM APPLICATION FOR ORDER UNDER
ORDER 7 RULE 53 (HEADINGS AS IN FORM 8) APPLICATION APPLICATION will be made
to the Supreme Court, Waigani at ... ... a.m. at the ... day of ... ... ... ... .20
1. FOR AN ORDER:
(herein state order
sought) (a)
or such other order as the Court may make.
Affidavit in support of this Application is sworn by (name) on the (date).
Dated:
Sgd
(Respondent or
his
Lawyer)
A.B. (Appellant) TAKE NOTICE:
If you or your lawyer do not appear to show cause why such orders should not be
made, the Court may make orders in your absence.
142
0.8 Rule 3(f) Form 12 GENERAL FORM OF RESERVATION IN THE SUPREME COURT S.C. Reservation No.... of 20
OF JUSTICE Reservation (pursuant to Section
15 or 21 of the Supreme Court
Act where applicable)
To be entitled as in
proceedings from which question arose
RESERVATION
1. THIS RESERVATION is made for an opinion on (the case or point of law).
2. THIS Reservation arises (state briefly such facts or pleadings as necessary and
circumstances in which question arises).
3. State matters required by Order 8 Rule 3(e).
4. THE QUESTION IS (to be stated
Dated
Sgd.
Judge
NOTICE: (Form 18)
143
0.9 Rule 1(f) Form 13 GENERAL FORM OF REFERENCE (SUPREME COURT ACT SECTION 26)
IN THE SUPREME COURT S.C. Act. R. No. of 20
OF JUSTICE Insert year and
munber) Reference
pursuant to Section 26
of the
Supreme Court Act
REFERENCE
1. THIS REFERENCE is made for an opinion on a point of law.
2. THIS REFERENCE arises (state briefly such facts as necessary and
circumstances in which question arises the trial and name of person acquitted).
3. THE QUESTION IS (to be
stated). Dated:
Sgd
Principal Legal Adviser
FILED BY: (Form
17) NOTICE:
This reference on a point of law does not affect the outcome of your trial and
acquittal. If you desire to present argument either in person or by your lawyer in the
Supreme Court, you are to inform the Registrar within ... days after service of this
Reference upon you.
Address of the Registrar is Supreme Court, Waigani,
NCD. The Postal address is: P.O. Box 7018, BOROKO.
Telephone No: 3257099.
NOTICE: (Form 18)
144
0.4 Rule 11 Form
14 0.9 Rule 7
GENERAL FORM NOTICE OF AMENDMENT OR WITHDRAWAL OF REFERENCE
(Heading as appropriate)
NOTICE 1. This Reference is hereby (state) OR Pursuant to leave granted by (state date of order).
2. (Where applicable) The Amendment is as follows:-
(Set out particulars)
Dated:
FILED BY: (Form 17)
Sgd
(To be signed by
Lawyer or person
giving Notice)
145
0.10 Rule 3(c) Form 15 GENERAL FORM OF NOTICE OF MOTION IN THE SUPREME, COURT OF JUSTICE
A.B. Appellant C.D. Respondent
NOTICE OF MOTION
1. THE Appellant appeals from the whole (or if from part specify part) of the Order
of (specify National Court or National Court Judge) given on (specify day) at
(place).
2. GROUNDS (specify each particular ground by paragraph).
3. ORDER SOUGHT (state what Order appellant seeks in lieu of order appealed
frorn).
4. ANNEXES are:
(a) Copies of all documents before National Court in
sequence. (b) Certified copy of Order.
AFFIDAVIT in support of this Motion is sworn by (name) on the
(date). Dated:
Sgd
(To be signed by
appellant or
his lawyer)
FILED BY: (Form 17)
NOTICE: (Form 18)
146
0.11 Rule 2(a) Form 16 GENERAL FORM OF APPEARANCE
(Headings as applicable to proceedings)
APPEARANCE TAKE NOTICE, I ... ... ... ... ... ... .....enter an appearance on this appeal.
DATED:
Sgd
(Respondent or his Lawyer)
FILED BY: (Form 17)
147
0.11 Rule 4(b) Form
17 GENERAL FORM OF ADDRESS FOR SERVICE
FILED: Name (Personal) Name (Lawyer)
Address (0.11 RA(a)(ii)) Address (0.11 RA(a)(iv))
Address (Postal)
Telephone
148
14
9
Sgd
Registrar
This (state proceedings) will be heard at the sittings of the Supreme Court,
Waigani, commencing on the day of ... Further details can be obtained from the
registry. '
NOTICE
GENERAL FORM OF NOTICE OF HEARING
Order I I Rule 30
F
o
r
m
1S
0.1 Rule 8(c)
For
m 1 S.C. Appeal No. of 20
SUPREME COURT OF JUSTICE
NOTICE OF APPEAL AND OF APPLICATION FOR LEAVE TO APPEAL AGAINST A DECISION OF THE NATIONAL COURT
1. NAME OF APPELLANT:..................................................................
(Apil tauna ladana) (Nem bilong man i laik apil).
2. OFFENCE:.......................................................................................... (Oi
emu kerere) (Trabel bilong yu).
3. DATE
CONVICTED:.......................................................................... (Kerere
dinana) (Dei bilong kalabusim yu).
4. PLACE OF NATIONAL COURT SITTINGS:....................................
(e.g. Waigani, Chimbu, etc.)
(National kota is heabi gabuna) (Pies bilong nasinol i sidaun).
5. SENTENCE:.........................................................................................
(Lagani o hua hida dibura of noho) (Hamas kalabus yu kisim).
6. DATE SENTENCES:...........................................................................
(Edena dina kota is siaia of lao dibura rumai) (Taim yu kisim kalabus).
7. SET OUT THE REASON WHY YOU WANT TO APPEAL:
(Dahaka dainai of ura apil, anina of gwauraia) (Raitim wanem yu laik apil)
I hereby give notice of appeal. and notice
. of application for leave to appeal against
the above decision on the grounds stated above.
Further grounds as may be considered necessary may be added to this Notice following
legal advice being given to me.
DATED the ... day of ... 20..
TO: The Registrar ...............................................
CHAPTER 8.0 NATIONAL COURT
8.1 JURISDICTION OF THE COURT
Appellate (or Appeal) Jurisdiction
The National Court can hear appeals from the District Court and other
Administrative Tribunals, such as the Leadership Tribunal.
Criminal Jurisdiction
Under its Criminal Jurisdiction the Court has unlimited powers to hear any
criminal matter.
Civil Jurisdiction
The Court's civil jurisdiction is also unlimited. Most civil matters that come to the
National Court are matters where the amount claimed is more than K10,000.
The court can also hear the following
matters: • Special land
dispute cases
• Bankruptcy cases
• Defamation cases
• Probate cases
• Granting of Prerogative Writs.
• Matrimonial Causes
• Dissolution of marriages
• Extradition cases
Mandamus
actions
All these different powers may require different forms and processes to be followed.
However, in general the Registry administrative processes in most cases are the
same, or similar in many respects.
8.2 COURT FEES
On filing an initiating process K50
Note 1. In this clause "initiating process" means
a) an originating process under the Rules (other than a Notice of Appeal to
1
Note 2. This clause does not apply to a summons by which an application for a
grant or resealing under Order .19 is made in respect of an estate the sworn gross
value of which is less than K12,000.00.
i. Oil filing a Summons for Leave to Appeal to the Supreme Court K50.00
ii. On filing a Notice of Appeal to the Supreme Court except where, in respect of
proceedings to which the notice relates, a Summons for Leave to Appeal has
been filed K50.00
iii. To open the Registry:
a) on a Saturday, Sunday or other holiday K50.00
b) on any other day before 7.45 a. m. or after 4.06 p. m. K50.00
iv. To furnish a copy of a document in any proceedings to a person who is not
a party to the proceedings K10.00
v. To furnish to a party to proceedings a second or subsequent copy of the
written reasons for the decision of any Judge or of the Registrar in relation to
the proceedings, for each copy K5.00
vi. To furnish a transcript of evidence in a civil case to any party to proceedings-
per A4 page K0.50
vii. For an officer of the Court to produce a document at a place other than
the National Court building at Waigani K10.00
Fees to be paid to the Marshal in Admiralty to be the same fees as are from time to
time taken by the Sheriff for the service and execution of process of the Court.
Sheriff's Fees
A deposit on account of the fees applicable to any proceeding may be required before
such proceeding is commenced or at any time during its course and a memorandum
of the amount deposited shall be delivered to the party making the deposit.
1. Entering any writ of execution K15.00
2. Service or attempted service of process for each address at which service
is attempted K5.00
3. Executing Writ for Levy of property K50.00
4. Giving notice to occupants to vacate premises pursuant to Writ of Possession
K5.00
5. Executing Writ of Possession:
a) where premises are vacated on request only K15.00
b) where occupants are removed from premises K50.00
6. Executing fee for any warrant or commission not provided for elsewhere
K20.00
7. Keeper's fees, each person for each day of 8 hours or part of 8 hours
K20.00 8. On every search-each name K1.00
9. Advertisement-drawing & inserting K10.00
10. Settling and executing every Deed of Transfer or like document,
152
13. The amount reasonably incurred fora)
advertising; and
b) keeping of livestock levied upon; and
c) disbursements necessary to the execution, or attempted execution of
any writ, or warrant, and not otherwise provided for.
Probate Fees
1. In respect of proceedings commenced after the commencement date costs of and
incidental to the obtaining for the first time of probate or administration or of
resealing of probate or letters of administration (including satisfying any
requisition made by the Commissioner of Probate Duties after the date of the grant,
the perusal and checking of the assessment of duty and the payment of duty under
the Wills, Probate and Administration Act, and all work and attendance,incidental
to these matters including the uplifting of the grant) shall be allowed in accordance
with the scale below. Gross value of the estate is as accepted by the Commissioner .
of Probate Duties.
Disclosed value of assets- costs allowed
Exceeding
K7500.00
K15,000.00
K25,000.00
K40,000.00
K55,000.00
K70,000.00
K85,000.00
K100,000.00
K125,000.00
K150,000.00
K175,000.00
K200,000.00
K250,000.00
K300,000.00
K400,000.00
K500,000
Not Exceeding
K7,500.00
K15,000.00
K25,000.00
K40,000.00
K55,000.00
K70,000.00
K85,000.00
K100,000.00
K125,000.00
K150,000.00
K175,000.00
K200,000.00
K250,000.00
K300,000.00
K400,000.00
K500,000.00
Fee
K250.00
K375.00
K435.00
K500.00
K565.00
K630.00
K695.00
K760.00
K855.00
K950.00
K1,045.0
0
K1,140.0
0
K1,300.0
0
K1,460.0
0
K1,680.0
0
K1,900.0
0
K2,100.0
0
2. In respect of proceedings commenced after the commencement date, costs of and incidental
to the obtaining of any grant or resealing after the first up to and including the uplifting of
the Probate or Letters of Administration so granted or resealed shall be allowed in
accordance with the scale below.
153
154
Exceeding K20,000.00 K4.00 for each K2,000.00 in excess of K20,000.00 to a
maximum of K1,255.00
Exceeding
K1,000.00
K2,000.00
K4,000.00
K6,000.00
K8,000.00
K10,000.00
K12,000.00
K14,000.00
K16,000.00
K18,000.00
Value of the assets remaining to be administered at the time of application for the grant Costs Allowed
Not Exceeding
K1,000.00
K2,000.00
K4,000.00
K6,000.00
K8,000.00
K10,000.00
K12,000.00
K14,000.00
K16,000.00
K18,000.00
K20,000.00
Fee
K100.00
K100.00
K120.00
K155.00
K170.00
K190.00
K215.00
K235.00
K250.00
K270.00
K295.00
National Court Writ of Summons May be served within 2 Within PNG-Not less than National Court Rules, years of filing 30 days after service. Order 4
Rule11 11 Outside PNG-two months
after service, or such time
as the Court orders.
Originating Summons, Summons shall be served
unless the Court otherwise
National Court Rules,
Order 4
orders, not less than five Rule26
days before the date of the
appointment for hearing
Originating Summons. For originating summons National Court Rules, under Rule 26, not later Order 4
than the date for hearing Rulell
stated in the summons
8.3 TIMELINES FOR SERVICE OF DOCUMENTS AND DEFENCES
Box No Instructions
Notice of Committal is received from the District Court that committed the
accused person.
District Courts Act (DCA) Part XI
2. The Registry Clerks check the documentation to ensure that:
• the signature of the committing Magistrate is on the documentation
• Documents are Originals
• Correct forms used
• Content is in correct form
• Check the dates of documents to ensure that they are not out of time
• If the documents are rejected a rejection form is completed and the documents
returned. This is only in Civil Court.
A criminal Coversheet is attached to the file.
The details of the committal documentation are then entered onto the National
Court Database. In Waigani this is done via database staff having access to the
committal file. In provincial areas, the details are faxed to the Waigani database (the forms attached to this Manual under the Changed Practices and
Procedures, allocation of Court number in advance are to be used).
3 Registry Clerks send out hearing notices to the parties in the matter. The
matter is then placed in a mention list for the case to be allocated to a Judge.
In provincial areas this is done via a callover.
It is at this stage that depositions are received from the District Court who
committed the matter for trial
4. A pretrial conference is conducted for the purpose of allocating a trail/plea hearing date and to identify issues, agreed facts and possible potential pleas of
guilty.
Once a hearing date has been allocated registry clerks send out hearing notices
to parties notifying them of the trial/plea date.
5. A single Judge of the National Court hears the case. After the hearing the file is
forwarded to the database operators for the details of the courts
decisions/orders to be placed onto the courts database.
Judges Associates in provincial courts complete court sitting returns which are
delivered to the database for the details to be entered into the Court database.
Associates prepare all relevant forms as a result of the hearing (warrants etc).
6
1
5
7
Registry staff then distribute the forms
The details of all documentation produced by registry staff as a result of
the hearing is endorsed on the Court Register for provincial court and on
the database for Waigani matters.
G. At the end of each month every Judge must submit a report detailing the
result of the matters in their respective lists in either Form 15 or 21 to the
Registrar National Court. The reports are then referred to the Chief Justice.
8.5 NATIONAL COURT CRIMINAL FLOWCHART
1. Notice of Committal received from
District Court.
2. Registry Clerks check documentation and
register case
3. Matter allocated a trial Judge
4. Pre-trial conference
conducted
5. Hearing is conducted.
6. . Monthly statistics
completed
8
8.6 CIVIL NATIONAL COURT INSTRUCTIONS
Box No Instructions
1. The Originating Summons/ Writs of Summons etc are received by the National
Court over the counter or via mail.
National Court Rules Order 2 Division 2 Sec 10.
2. The Registry Clerks check the documentation to ensure that
• the signature of the committing Magistrate is on the documentation
• Documents are Originals
• Correct forms used
Content is in correct form
• Dates on documents to ensure they are out of time (to be issued within 2 years
of the date of the cause of action)
National Court Rules Order 2 Division 3 Sec 22-30
If the documents are rejected, a rejection form is completed and the documents
returned to the parties solicitor
A criminal Coversheet is attached to the file.
3. The details of the documentation are then entered onto the National Court Database. In Waigani this is done via database staff having access to the
committal file. In provincial areas, the details are faxed to the Waigani database (the forms attached to this Manual under the Changed Practices and Procedures,
allocation of Court number in advance are to be used).
National Court Rules Order 2 Division 2 Section 15
4 As the matters progresses towards finalisation, various documents, interlocutory
applications and hearings may be filed/conducted,
National Court Rules Order 4 Division 5 Section 37
Clerks prepare a motions list for any interrogatory applications to be made and for
the matter to be set down for hearing.
5. A matter is set down for hearing by consent of the parties by filing a notice to set down for trial (a case can be set down for trial on application of a party before a
court).
Registry clerks prepare a callover list for the purpose of setting the cases down for
trial
National Court Rules Order 10 Division 10
1
5
9
6. Upon the trial date being allocated the file is returned to the Registry for registry staff to send out hearing notices to solicitors and for the database records to be
updated
The registrar shall ensure that:
The Registrar shall, not less than 14 days before the date for which the
proceedings are set down for trial, give notice of trial in Form 41 to each party
who has an address for service and who was not present or represented when the
proceedings were set down for trial.
National Court Rules Order 10,, Division 1 Section 9
7. Registry clerks now prepare a trial list. The trial lists and are then given to the trial
judge
Once the list has been completed it is forwarded to the solic itors for the parties.
Once the case is completed the file is returned to the registry to have both the
court file and database records updated,
• Forms 15 and 21 are returned by the judges associate for statistical purposes,
the details of these forms are then entered into the database.
District Court Rules Order 10, Division 2 Section 15
The solicitor whose order is in favour then drafts an order which is sent to the
National Court Registry for checking and signing by the Deputy Registrar
9. After file is closed it is to be filed under year and number order. (for archive schedule please refer to new practices and procedures, Archiving and Storing of
files).
1
0
8.7 CIVIL NATIONAL COURT
FLOWCHART
1.
Docum
ents
receive
d via
mail or
counte
r 2. Registry staff check and
register documentation
3. Case details are entered
onto Database
4. Various applications (interlocutory applications) and documents are filed with the court as the matter
progresses
5. Matter is set down for
trial
6. After trial date set both Registry and Database update records
7. Clerks prepare
trial list
8. Trial is conducted
10. Files are archived.
Box No Instructions
1. Notice of Appeal is lodged with the National Court arising from a decision of
the District Court.
2. The appeal documents are checked by registry staff to ensure that:
• Names of Parties are correct;
• Location of Original Decision, to ensure that correct National Court will
hear the appeal;
• The documents are signed
• The appeal is lodged within time
A notice of appeal shall be lodged with the Registrar
(a) where the decision results in the imposition of a sentence of
imprisonment of 30 days or more being imposed by the court whether in
default of payment of a fine or otherwise-before the expiration of that
sentence of imprisonment;
(b) in any other case-within 30 days of the dale of the decision of the
court; or
(c) in any case--within such extended time as the Court may, having
regard to all the circumstances, order and any such extension may be ordered
although the application for it is not made until after the expiration of the
time originally allowed for lodging notice of appeal.
(National Court Rules Order 18 Section 3)
If the documents comply with the court rules they are registered, if they are
not within the Court's rules they are returned with a rejection form detailing the
reasons for the rejection.
3. The documents are then registered into the courts database and allocated a
number with the following abbreviations to indicate the type of appeal.
• CIA-Civil Appeal;
• C/A-Criminal Appeal;
A coversheet (file cover) is also attached to the court file. Copies of the
documents are returned back to the solicitors who filed the appeal, they serve
the other party(s) with a copy of the appeal documentation
4. Various applications/documents may be filed/heard in the court prior to the
determination of the appeal.
National Court rules Order 4 Division 5 Section 37.
5. The appeal is set down for hearing by consent of the parties by filing a notice
to set down for trial (a case can be set down for trial on application of a party
before a court).
National Court Rules Order 10 Division 10
12
8.8 APPEALS NA'T'IONAL COURT INSTRUCTIONS
Registry Clerks then prepare a Callover list where a judge conducts callover
of all cases and allocated a date of hearing.
National Court Rules Order 10 Division 1 Section 7.
6.
The trial date is allocated and the Registrar shall ensure that:
The Registrar shall, not less than 14 days before the date for which the
proceedings are set down for trial, give notice of trial in Form 41 to each
party who has an address for service and who was not present or represented
when the proceedings were set down for trial.
National Court Rules Order 10, Division 1 Section 9
Once the case is completed the file is returned to the registry to have both
the court file and database records updated
National Court Rules Order 10, Division 2 Section 15
The solicitor for the appellant prepares an order and forwards the order to the
National Court registry for checking and signing by the Deputy Registrar.
Once signed the order is returned to the solicitors for the appellant
8.
After file is closed it is to be filed under year and number order. (for archive
schedule please refer to new practices and procedures, Archiving and
Storing of files).
163
164
5. Parties consent to
Appeal being set-down for
hearing
4. Various applications
/ documents may be
filed
3. Appeal documents are
registered
2. Appeal documents
are checked by
Registry staff
1. Appeal lodged with the
National Court !, 6. Registrar to notify
parties of date of hearing
7. After matter completed
records are updated
8. Files are archived
8.9 APPEALS FLOWCHART NATIONAL COURT
Section of Act or Regulation Description Form Number
0.2, rr.22, 23 HEADING. 1
0.2, rr.22, 23 0.2, r.24
HEADING. HEADING WHERE NO DEFENDANT
2 3
0.2, r.30 CONCLUSION OF DOCUMENTS. 4
0.4, r.16 WRIT OF SUMMONS 5
0.4, r.26 ORIGINATING SUMMONS 6
0.4, r.27 ORIGINATING SUMMONS 7
_ 0.4, r.10
NOTICE OF PAYMENT 8
0.4, r.14 NOTICE OF CLAIM FOR POSSESSION 9
0.4, r.29 APPOINTMENT FOR HEARING 10
0.4, r.40 NOTICE OF MOTION 11
0.6, r.20(5) NOTICE TO BE SERVED OUTSIDE PAPUA NEW GUINEA 1N LIEU OF WRIT
12
0.6, r.28 REQUEST FOR SPECIAL SERVICE 13
0.6, r.28 REQUEST FOR SERVICE 14
0.7, r.4 NOTICE OF INTENTION TO DEFEND 15
0.8, r.4 DEFENCE 16
0.8, r.5 REPLY 17
0.8, r.5(2) REPLY AND DEFENCE TO CROSS- CLAIM
18
0.8, r.13(3) NOTICE TO PLEAD FACTS 19
0.8, r.39 DEFENCE AND CROSS-CLAIM 20 _
0.8, r.39 _
SECOND CROSS-CLAIM 21
0.8, r.43 NOTICE FOR PLEADINGS _
22
0.8, r.56 NOTICE OF AMENDMENTS 23
0.8, r.71 NOTICE OF DEPOSIT 24
0.8, r.74 NOTICE OF WITHDRAWAL OF DEPOSIT
25
0.8, r.75(2) NOTICE OF ACCEPTANCE 26
0.8, r.75(5) NOTICE CONFIRMING DEPOSIT 27
0.8, r.77 NOTICE WITHDRAWING ACCEPTANCE
28
0.8, r.81 SECURITY TO PAY INTO COURT 29
0.9, r.1 NOTICE FOR DISCOVERY 30
0.9, r.6 LIST OF DOCUMENTS 31
0.9, r.9 NOTICE TO PRODUCE DOCUMENTS 32
r.9 __ r.9 7
0.9 r.17
-NOTICE NOTICE OF APPOINTMENT INSPECT DOCUMENTS NOTICE TO ANSWER INTERROGATORIES
33 33
34
0.9, r.22 STATEMENT IN ANSWER TO INTERROGATORIES
35
0.9, r.22 VERIFIED STATEMENT IN ANSWER TO INTERROGATORIES
36
0.9, r.35 NOTICE TO ADMIT FACTS (AND AUTHENTICITY OF DOCUMENTS)
37
165
8.10 LIST OF FORMS National
Court
0.9, r.35 NOTICE DISPUTING FACTS (AND
AUTHENTICITY OF DOCUMENTS) 38
0.9, r.37 NOTICE FOR MEDICAL
EXAMINATION 39
0.10, r.4 NOTICE TO SET DOWN FOR TRIAL 40
0.10, r.9 NOTICE OF TRIAL 41
0.11, r.2 ORDER 42
0.11, r.2 NOTICE TO PRODUCE 43
0.11, r.2 SUMMONS FOR PRODUCTION 44
0.11, r.2 SUMMONS TO GIVE EVIDENCE 45
0.11, r.2 SUMMONS FOR PRODUCTION AND
TO GIVE EVIDENCE 46
0.11, r.8 ORDER FOR EXAMINATION 47
0.11, r.8 ORDER APPOINTING EXAMINER 48
0.11, r.8 ORDER 49
0.11, r.22 AFFIDAVIT 50
_0.12, r.17
0.12, r.18
FORM OF JUDGEMENT
GENERAL FORM OF MINUTE OF
ORDER
51
52
0.13, r.3 WRIT OF POSSESSION 53
0.13, r.4 WRIT OF SPECIFIC DELIVERY 54
0.13, r.4 WRIT OF DELIVERY 55
0.13, r.7(2) MINUTE OF ORDER 56 0.13, r.13 ORDER 57
0.13, r.28 WRIT FOR LEVY OF PROPERTY 58 0.13, r.36 NOTICE OF CLAIM 59
0.13, r.56 GARNISHEE NOTICE 60
0.13, r.71 ORDER 61
0.13, r.73 NOTICE OF REGISTRATION OF
JUDGEMENT 62
0.14, r.18 DEED 63
0.14, r.46 WARRANT FOR ARREST 64 0.14, r.48 WARRANT FOR COMMITTAL 65
0.18, r.2 NOTICE OF APPEAL 66
0.18, r.2 CONFIRMATION OF NOTICE OF
APPEAL 67
0.18, r.4 APPLICATION FOR BAIL 68
0.18, r.5 NOTICE OF HEARING OF APPEAL 69
0.19, r.8 SUMMONS 70
0.19, r.10 NOTICE OF INTENDED APPLICATION
FOR PROBATE 71
0.19, r.10 NOTICE OF INTENDED APPLICATION
FOR ADMINISTRATION 72
0.19, r.10 NOTICE OF INTENDED APPLICATION
FOR RESEALING 73
0.19, r.14 RENUNCIATION OF PROBATE 74
0.19, r.15 AFFIDAVIT OF ATTESTING WITNESS 75 0.19, rr.24,25,26 AFFIDAVIT OF DEATH 76
0.19, r.24 AFFIDAVIT OF EXECUTOR 77
0.19, rr.24, 25, 26, 27. AFFIDAVIT OF PUBLICATION AND
SEARCH 78
16
0.19, rr.24,25 OATH OF OFFICE 79
0.19, r.25 AFFIDAVIT OF APPLICANT FOR
ADMINISTRATION 80
0.19, r.25,33 CONSENT TO ADMINISTRATION 81
0.19, rr. 25, 26, 33 ADMINISTRATION BOND 82
0.19, rr.25,26,33 AFFIDAVIT OF SURETY 83
0.19, r.26 AFFIDAVIT OF APPLICANT FOR
ADMINISTRATION WITH THE WILL
ANNEXED
84
0.19, r.26 RENUNCIATION IN FAVOUR OF
PUBLIC CURATOR 85
0.19, r.27 AFFIDAVIT OF APPLICANT FOR
RESEALING 86
0.19, r.39 SUMMONS FOR REVOCATION 87
0.19, rr.45. REQUEST FOR ISSUE OF CITATION 88
0.19, r.49 SUMMONS TO SHOW CAUSE 89
0.19, r.50 CITATION TO PRAY FOR
ADMINISTRATION 90
0.19, r.50 ANSWER TO CITATION TO PRAY FOR
ADMINISTRATION 91
0.19, r.51 CITATION TO TAKE PROBATE 92
0.19, r.51 ANSWER TO CITATION TO TAKE
PROBATE 93
0.19, r.52 CITATION TO SEE PROCEEDINGS 94
0.19, r.60 CAVEAT 95
0.19, r.61 CAVEAT 96
0.19, r.72 INVENTORY 97
0.19, r.72 AFFIDAVIT VERIFYING INVENTORY 98
0.19, r.73 ADMINISTRATION ACCOUNT 99
0.19, r.73 AFFIDAVIT VERIFYING ACCOUNT 100
0.19, r.76 NOTICE OF FILING OF ACCOUNTS 101
0.20, r.6 SUMMONS 102
0.20, r.7 NOTICE OF APPLICATION FOR
ADOPTION ORDER 103
0.20, r.13 ADOPTION ORDER 104
0.21, r.3 WRIT OF SUMMONS IN ACTION IN
REM ISSUED OUT OF ADMIRALTY
REGISTRY
105
0.21, r.5(1) WARRANT OF ARREST 106
0.21, r.5(3) PRAECIPE FOR WARRANT OF ARREST 107
0.21, r.6 PRAECIPE FOR CAVEAT AGAINST
ARREST 108
0.21, r.8(3) PRAECIPE FOR SERVICE OF WRIT IN
REM BY MARSHAL 109
0.21, r.13(1) RELEASE 110
0,21, r.13(5) PRAECIPE FOR ISSUE OF RELEASE 111
0.21, r.14 PRAECIPE FOR CAVEAT AGAINST
RELEASE AND PAYMENT 112
0.21, r.15 PRAECIPE FOR WITHDRAWAL OF
CAVEAT 113
0.21, r.16 BAIL BOND 114
0.21, r.23 PRAECIPE FOR COMMISSION FOR 115
1
7
APPRAISEMENT AND SALE
0.21, r.23 COMMISSION FOR APPRAISEMENT 116 AND SALE 0.21, r.13 RELEASE AND WARRANT
POSSESSION 0.21, x.5(10) NOTICE 1'O _
CONSULAR OFFICER OF _
118
INTENTION TO APPLY FOR WARRANT
OF ARREST
0.17, r.2 NOTICE DIRECTED BY COURT OF 119 ADJOURNED APPLICATION FOR WRIT
OF HABEAS CORPUS
0.17, r.9 WRIT OF HABEAS CORPUS 120
0.17, r.6 NOTICE TO BE SERVED WITH WRIT 121 OF HABEAS CORPUS
0.17, r.2 ORDER FOR WRIT OF HABEAS 122 CORPUS
0.17, r.8(3) ORDER OF COMMITTAL 123
The National Court forms in bold lettering have samples of the forms attached at
the completion of this list.
8.11 LIST OF FORMS ARREST ACT
Section of Act or Regulation Description Page
Number
Arrest Act 03 r11 Warrant of Arrest 3
Arrest Act Warrant of Commitment on Remand 4
Arrest Act 03 r16 Warrant of Commitment 5
Arrest Act 03 r16 and Criminal
Code, Section 19 or 601 Warrant of Commitment with Suspension 6
Arrest Act 03 r16 and Criminal
Code, Section 19 or 601 Recognizance 7
Arrest Act Surety 9
Arrest Act 03 r23 Order for Forfeiture 10
Arrest Act Notice of Acquittal/Discharge 13
Arrest Act 05 r29 Certificate of Conviction 16
Arrest Act 06 r7 General form of order on Appeal 20
1
8
0.2, rr.22, 23 HEADING.
In the National Court of Justice ... No... of 20..., at ... Papua New Guinea
JOHN PUKARE
Plaintiff Defendant HAREA-AVO Cross-claimant JOHN PUKARE and HENRY
TOMANA Cross-defendants HENRY TOMANA Second cross-claimant NILANG-
SAKO Second cross-defendant
Form 5. 0.4, r.16 WRIT OF SUMMONS
In the National Court of Justice ... W.S. No.... of 20...,
BETWEEN: HAREA AVO
Plaintiff
AND: JOHN
PUKARE Defendant
THE INDEPENDENT STATE OF PAPUA NEW
GUINEA To JOHN PUKARE of (place)
The plaintiff makes a claim against you the nature of which is endorsed on the back
of this writ.
You are liable to suffer judgement or an order against you unless the prescribed form
of notice of your intention to defend this claim is received in the Registry or a sub-
registry within (30)'" days after service'"* of this writ of summons on you and you
comply with the rules of court relating to your defence.
(Where Order 8 Rule 24 applies, add: You are required to verify your defence.)
WITNESS the Honourable E.F. Chief Justice of our National Court of Justice
at Waigani in the Independent State of Papua New Guinea the ... day of ...
20...
Registrar.
20
Note: This writ is to be served within 2 years from the date of its issue.
The defendant(s) may give notice of his (their) intention to defend in person or by a solicitor either (1) by filing it in the appropriate form, duly completed, at the Registry; or
(2) by sending it to that office by post.
(Endorsements to be made on back of writ before issue)
STATEMENT OF CLAIM
1. (plead as required by the Rules)
2. (plead as required by the Rules) The plaintiff claims: 1. (specify the relief claimed)
2. (specify the relief claimed)
(Particulars under Order 8, rr. 29-35 may be given by a heading, for example:
PARTICULARS OF INJURIES 1. . (state the particulars of injuries)
2. (state the particulars of injuries)
These particulars may appear in the relevant place in the statement of facts or separately after the relief claimed, whichever is convenient.)
(Where appropriate insert the particulars required by Order 4, rr. 21 and 22.)
(If the plaintiff sues, or the defendant is sued, in a representative capacity, this must be stated in the endorsement of claim. Where appropriate, add words to satisfy Order 4 Rule 20.)
(Where Order 4 Rule 10 applies, add: You may, within (30)""' days after service of this writ of summons on you, pay to the plaintiff or his solicitor the amount claimed (together with interest thereon at the rate claimed (if no rate is specified insert "of 8% yearly") from the due of filing of this writ until payment) and also K ... ***'I for costs. Further proceedings against you will be stayed when you also file a prescribed form of notice of payment.)
(Where Order 4 Rule 14(1)(a) applies, add:
171
(Where Order 10 Rule 2 applies, add:
Nominated place for trial: (state a place appointed for sittings of the Court).)
Plaintiff: (name, address and occupation) (a minor)
(Next friend: (name, address and occupation)) Solicitor:
(name, address and telephone number) Solicitor's agent:
(name, address and telephone number) Plaintiff's
address for service: (Order 6 Rule 7) Address of
Registry:
*In a Writ for service out of the jurisdiction insert appropriate
time. **If notice of the writ is to be served insert here "of notice
**'"If writ is to be served outside Papua New Guinea, insert the appropriate time.
* ""`'"See Order 4 Rule 10.
172
Form 6. 0.4, r.26 ORIGINATING
SUMMONS (Stating appointment
for hearing) (heading as in Form
1 or Form 3) The plaintiff claims
1. An order making provision for his maintenance, education and advancement in
life pursuant to (Act) out of the estate of (name) late of (place)(occupation) deceased. 2.
An order that (or as required)(or)
1. A declaration that
2. An order that (or as required)(or)
The plaintiff claims an order that (where there is defendant, add the
followingTo the defendant:
If there is no attendance before the Court by you or by your counsel or solicitor at
the time and place specified below, the proceedings may be heard and you will be
liable to suffer judgement or an order against you in your absence.
Before any attendance at that time you must give notice of your intention to defend this
claim.)
Time: . . . , 20..., at ... a.m./p.m.
Place: (address of Court)
(Where the time for service under Order 4 Rule 26(3) has been abridged, add
The time before which this summons is to be served has been abridged by the Court to .
. . a.m./p.m. on .... 20..., or as the case may require).
(Where there is no defendant, add-
Time and place for hearing
173
174
Time: . . . , 209..., at ... a.m./p.m.
Place: (address of Court)) continue
Plaintiff: (name, address and occupation) (a minor)
(Next friend: (name, address and occupation))
Solicitor: (name, address and telephone number)
Solicitor's agent: (name, address and telephone
number) Plaintiff's address for service: (Order 6 Rule
7) Address of Registry:
(Where there is a defendant, add
Note: The defendant(s) may give notice of his (their) intention to defend in person
or by a solicitor either
(1) by filing it in the appropriate form, duly completed, at the Registry;
or by sending it to that office by post.)
Form 7. 0.4, r.27 ORIGINATING
SUMMONS (Hearing to be
appointed) (heading as in Form 1
or Form 3) The plaintiff claims
(state the relief claimed in the manner indicated in the form of originating summons
Form 6).
(Where there is a defendant, add the following-
To the defendant:
You are liable to suffer judgement or an order against you unless the prescribed form of
intention to defend this claim is received in the Registry within (30) days after service
of this summons on you.)
Plaintiff: (name, address and occupation) (a minor)
(Next friend: (name, address and occupation)) Solicitor:
(name, address and telephone number) Solicitor's agent:
(name, address and telephone number) Plaintiff's
address for service: (Order 6 Rule 7) Address of
Registry:
(Where there is a defendant, add the following
Note: The defendant(s) may give notice of his (their) intention to defend in person
or by a solicitor either
(1) by filing it in the appropriate form, duly completed, at the Registry;
or by sending it to that office by post.)
175
176
Filed: .... 20...
of Officer of the
Court)
Form 10. 0.4, r.29 APPOINTMENT FOR HEARING
The Court appoints .... 20..., at ... a.m./p.m. at (address of Court) for the hearing.
(Signature and description
Form 11. 0.4, r.40 NOTICE OF
MOTION (heading as in Form 1
or Form 3)
The plaintiff will at ... a.m./p.m. on .... 20. . . , at (address of Court) move the Court
for orders
1. (state concisely the nature of each order which is sought but not the grounds
of the application).
(Where the time for service under Order 4 Rule 42, has been abridged, add
The time before which this notice of motion is to be served has been abridged by
the Court to ... a.m./p.m. on .... 20. . . , or as the case may require.)
(Follow the prescribed form of conclusion of documents for use by a party,
Form 4.) To: (name each Party affected by the above order sought).
177
Form 15. 0.7, r.4 NOTICE OF
INTENTION TO DEFEND (heading as
in Form 1 or Form 3)
HAREA AVO of (address) (occupation) intends to defend this action (originating summons).
(He is a partner in the defendant firm.)
(He is a minor (mentally disordered person); his guardian at law is KORA AVO.)
(Where a defendant wishes to make a request under Order 7 Rule 5(3) add: The Registrar is requested to deal with the copy (two copies) of this notice under Order 7 Rule 5(3).)
(Add other notices, for example, under Order 8 Rule 43, relating to notice for pleadings.)
Solicitor: (name)
(address)
telephone: (number)
Solicitor's agent: (name)
(address) telephone: (number)
Address for service: (the office of his solicitor, or as the case may be: see Order 6 Rule
7.
(Follow the prescribed form of conclusion of documents for use by a party, Form 4.)
(This notice may be added to a notice of motion of a person applying to be added as a
defendant, for example, under Order 5 Rule 8(3).)
178
29
Form 16. 0.8, r.4 DEFENCE (Plead as
required by the Rules, for example1. The
defendant denies etc.)
(or)
(where one of two or more
defendants, DEFENCE OF HAREA-
AVO
1. This defendant denies etc.)
(Follow the prescribed form of conclusion of documents for use by a party, Form
4, and, where Order 8 Rule 24 applies, add:
AFFIDAVIT
On . . . , 20.... I (name) of (address)(occupation) say on oath:
l. l am the defendant.
2. The defence set out above is true in substance and in
fact. Sworn etc.)
(For a defence to a cross-claim see the prescribed form of defence and cross-
claim, Form 20.)
Form 30. 0.9, r.1 NOTICE
FOR DISCOVERY To the
Defendant:
The plaintiff requires you to give discovery of documents with (without)
verification within (15) days after service of this notice on you.
180
181
Datcd the ... day of ... 20...
To . . . Solicitor for ...
(Signature)
Form 32. 0.9, r.9 NOTICE TO
PRODUCE DOCUMENTS (heading as
in Form l or Form 3)
The plaintiff (or defendant) requires you to produce for his inspection the following
documents referred to in your statement of claim (or defence, or affidavit), dated the .
. . . day of ... 20...
(describe documents required)
Form 40. 0.10, r.4 NOTICE TO SET
DOWN FOR TRIAL (heading as in
Form 1 or Form 3)
The plaintiff requests that the proceedings be set down for trial at (state the
place for trial as fixed by or under Order 10 Rule 2) generally (or for trial of the
following issues: (state the issues)).
1
8
2
Dated the ... day of ... 20...
Registrar.
To . . . , Defendant's Solicitor (or as the case may be).
183
Form 41. 0.10, r.9 NOTICE OF TRIAL
(heading as in Form 1 or Form 3)
This cause (or the issues in this ... ordered to be tried or inquiry for the assessment of
damages in this ... ) will be tried at Waigani (or as the case may be) on (date)
Form 43. 0.11, r.2 NOTICE TO PRODUCE To the Plaintiff:
The defendant requires you to produce at the trial (or otherwise specify the occasion or
place) the following documents for the purpose of evidence
(enumerate the documents or things).
34
Form 44. 0.11, r.2 SUMMONS
FOR PRODUCTION To (name)
(address)
THE COURT ORDERS that you shall attend and produce this summons and
the documents and things described in the schedule
before (the Court or as the case may
be); at (address of Court or other
place);
on .... 20..., at ... a.m./p.m. and until you are excused from further attending; butyou
need not attend or produce any document on any day unless reasonable expenses
have been paid or tendered to you; and
if you are not a party to these proceedings, instead of so attending you may produce
this summons and the documents and things described in the schedule to a clerk of the
Court at the above place not later than the day before the first day on which you are
required to attend.
SCHEDULE (description) Dated .... 20... By the Court (Signature and description of Officer of
the Court)
Note: If you do not comply with this summons you may be arrested. Issued at
the request of ... (name), the plaintiff's solicitor (or as the case may be).
185
Dated .... 20... By the Court (Signature and description of Officer of the Court)
Note: If you do not comply with this summons you may be arrested. Issued at
the request of ... (name), the plaintiff s solicitor (or as the case may be).
186
Form 45. 0.11, r.2 SUMMONS
TO GIVE EVIDENCE To (name)
(address)
THE COURT ORDERS that you shall attend for the purpose of giving evidence-
before (the Court or as the case may be);
at (address of Court or place);
on . . . , 20..., at ... a.m./p.m. and until you are excused from further attending;
but you need not attend on any day unless reasonable expenses have been paid
or tendered to you.
Form 53. 0.13, r.3
WRIT OF
POSSESSION TO
THE SHERIFF:
In respect of the judgement entered on . . . , 20..., enter the land described in the schedule and cause the plaintiff ... (name) to have vacant possession of it (but, so as not to disturb the occupation of ... (name, description and extent of restriction as directed in the judgement)) (and levy on the property of ... (name), which is authorized to be taken in execution for
continue as in Writ for Levy of Property, Form 58).
SCHEDULE
(Describe the land as in the judgement.)
Issued . . . ,
20... By the
Court Registrar
Issued at the request of (the plaintiff ... (name and address) or ... (name) of ...
(address and telephone number) solicitor for the plaintiff . . . (name and
address)). (The defendant resides at ... (address).)
187
Issued .... 20...
By the Court
Registrar
Issued at the request of (the plaintiff ... (name and address) or ... (name) of . . .
(address and telephone number) solicitor for the plaintiff ... (name and address)).
(The defendant resides at ... (address).)
Form 55. 0.13, r.4
WRIT OF
DELIVERY TO THE
IF, SlIFRIFF:
In respect of the judgement entered on . . . , 20..., cause the goods described in the schedule to be delivered to ... (name) and levy on the property of ... (name) which is authorized by law to be taken in execution
if yon cannot cause the goods to be so delivered, for K ... (amount of value of goods assessed under the judgement);
for the amount payable under the judgement, being K ... (amount of damages) on .... 20...,
continue as in Writ for Levy of Property, Form 53)
for K ... being costs of this writ; and
for your fees,
and pay the amount so levied other than your fees, to ... (name) or otherwise as the law may require.
SCHEDULE
(Describe the goods as in the judgement.)
38
189
Notice of appeal against that decision of the Local Court was lodged with the Registrar of the National Court on ... (date).
Dated the ... day of ... 20 ...
Applicant or
Applicant's Solicitor(s)
This application will be heard at the National Court at ... on ... day the . . . day of ...
20...; at ... o'clock in the ... noon or as soon thereafter as counsel may be heard.
Registrar
Form 68. 0.18, r.4 (heading as in
Form 1 or Form 3)
APPLICATION FOR BAIL
The above-named appellant hereby applies to the National Court to be admitted to bail.
In the Local Court held at ... (place) on ... (date) the appellant was found guilty of (set
out) ... and was sentenced to ... (set out) (and it was further ordered ... (set out)). The
grounds of the application are as follows:
(set out)
Form 69. 0.18, r.5 (heading as in
Form 1 or Form 3) NOTICE OF
HEARING OF APPEAL
This appeal will be heard at the first sitting of the National Court at ... (place) to be held after the expiration of ... (number) days from ... (date) or as soon thereafter as counsel may be heard.
Dated the ... day of ... 20...
Registrar.
190
DATED this day ... of ... 20... Judge
NOTE Accused's
Last Known
Address: Home
Address:
191
03 r11 FORM
3 1N THE NATIONAL COURT OF JUSTICE THE
STATE
Against A.B.
WARRANT OF ARREST TO
ALL POLICE OFFICERS
A.B. (the accused) was committed on the ... day of ... 20... by the District Court at ... to
stand his trial in this Court on a charge of (set out offence).
AND was granted Bail/Remanded in Custody.
An Indictment has/not been presented against the accused.
AND the accused was called to stand trial/appear, before the Court.
AND AS the accused is in breach of the terms of bail ... has escaped from custody.
YOU ARE COMMANDED TO ARREST the accused and bring him/her before a
Magistrate or Judge to be dealt with according to Law.
FORM 4
IN THE NATIONAL COURT OF JUSTICE THE STATE v. A.B. WARRANT OF COMMITMENT ON REMAND To the Commissioner of the Correctional Service and to all members of the Police Force and to the Officer in Charge of the Correctional Institution at ...
At the Criminal Sittings of the National Court of Justice at ... A.B. of X (the
Remandee) WAS REMANDED IN CUSTODY UNTIL
TRIAL/JUDGMENT/SENTENCE. YOU ARE COMMANDED to convey the remandee to this Correctional Institution and deliver him/her together with this Warrant to the Officer in Charge thereof.
YOU ARE FURTHER COMMANDED TO RECEIVE the remandee into your custody and keep him/her in your safe custody until his/her trial has been completed and produce him at the National Court at ... on the ...
DATED this ... day of ... 20...
Judg
e
1
9
2
03 r16 FORM
5 IN TI II•', NATIONAL COURT OF JUS'T'ICE; THE
STATE v.
A.13.
WARRANT OF COMMITMENT
TO the Commissioner of the Correctional Service and to all Members of the Police Force and to the Officer in Charge of the Correctional Institution at ...
At the Criminal Sittings of the National Court of Justice at ... on ... day of ... 20... A.B. of ... (the offender) was found guilty of (short statement of offence) contrary to Criminal Code Section ...
AND SENTENCED to be imprisoned as follows(a)
Length of sentence:
(b) Length of period deducted: (c)Length of sentence to be served:
YOU ARE COMMANDED TO CONVEY the offender to this Correctional Institution and deliver him/her together with this Warrant to the Officer in Charge thereof.
YOU ARE FURTHER COMMANDED TO RECEIVE the offender into your custody and imprison him/her in this Correctional Institution in hard/light labour for the term of ... calculated from the date of this Warrant.
DATED this ... day of ... 20...
Judge
193
03 r16 FORM
6 IN THE NATIONAL COURT OF JUSTICE
THE STATE Against A.B.
WARRANT OF COMMITMENT WITH SUSPENSION (Criminal Code, Section 19 or 601)
TO the Commissioner of the Correctional Service and to all Members of the Police Force and to the Officer in Charge of the Correctional Institution at ...
At the Criminal Sittings of the National Court of Justice at on the ... day of ... 20... A.B. of X (the Offender) was found guilty of (here set out short statement of offence)
contrary to Criminal Code, Section ...
AND was sentenced to be imprisoned for a term of ...
AND the Court ordered imprisonment for ... being part of that sentence.
AND SUSPENDED execution of the remainder of the sentence upon the offender's entry into and compliance with the conditions set out in the attached Recognizance under Criminal Code, Section 19 or 601.
YOU ARE COMMANDED TO CONVEY the offender to this Correctional Institution and deliver him/her together with this Warrant to the Officer in Charge thereof.
YOU ARE FURTHER COMMANDED TO RECEIVE the offender into your custody and imprison him/her in this Correctional Institution in hard/light labour for a term of ... calculated from the date of this warrant.
AND YOU ARE COMMANDED TO RELEASE THE OFFENDER if you
are satisfied the conditions in the Recognizance have been met, after service of
... DATED this ... day of ... 20...
194
03 116 FORM 7 IN THE NATIONAL COURT OF JUSTICE
THE STATE Against A.B. RECOGNIZANCE
(Criminal Code, Section 19 or 601)
At the Criminal Sittings of the National Court of Justice at ... A.B. of X (the Offender) was found guilty of an offence contrary to Criminal Code Section
AND INSTEAD OF/IN ADDITION TO the punishment to which the offender was liable,
the Court ordered the offender to enter into a Recognizance with/without ( ) sureties.
AND the offender by this recognizance acknowledged:
TO OWE The State the sum of ... king ( ) (to be levied on his/her goods, chattels
and lands respectively to the use of the State); OR
(delete where necessary)
PAYMENT TO the State of the sum of ... kina ( )
AND PROMISED: (1) To keep the peace and be of good behaviour for a term of ...
from this date.
TO appear, if called upon during a period of ... from this date, before a Judge of the
National Court to be sentenced or receive the Judgment of the Court in respect of
service of sentence or that part of the sentence which was suspended.
AND TO (set out conditions if any and note required by s601(6)). AND
IN DEFAULT the offender shall be dealt with according to law.
TAKEN BEFORE ME Sgd. (Offender)
AT
ON Sgd. Judge
I have received a copy of this Recognizance. Sgd. Offender
l, ... have explained to the Offender in this Recognizance, the conditions which must be observed and the consequences of failing so to do. I am satisfied the Recognizance was understood in the ... language. (Sod.) Interpreter
195
SIGNED: Surety SIGNED: Judge Magistrate Registrar
196
FORM 9
IN THE NATIONAL COURT OF
JUSTICE THE STATE
Against
A.B.
SECURIT
Y To: (Surety)
Bail has been granted to A.B. of X on the following
conditions: (Condition of bail) The amount set for bail which you have paid/undertaken to pay is K... as a security that the conditions of bail will be complied with.
If A.B. fails to comply with the conditions of bail
I/We consent to judgment being signed against me/us by the State for the sum of
K... I/We acknowledge that the sum of K... paid by me/us will be forfeited to the
State.
03 r23 FORM
10 IN THE NATIONAL COURT OF JUSTICE
THE
STATE
Against
A.B.
ORDER OF
FORFEITURE BEFORE
MR. JUSTICE ... THE ...
day of ... 20...
The Court orders that the sum of (amount) paid as a security for (Bail etc.) be forfeited to the State
By the Court.
197
198
By the Court.
FORM 13
IN THE NATIONAL COURT OF
JUSTICE THE STATE
Agains
t A.B.
NOTICE OF
ACQUITTAL/DISCHARGE BEFORE
MR. JUSTICE ...
Till?... day of... 20...
THE accused was this day acquitted and discharged from custody on the charge
of (short particulars of charge)
05 r29 FORM 16
IN THE NATIONAL COURT OF JUSTICE: THE STAKE Against A.B. CERTIFICATE OF CONVICTION
I CERTIFY that A.B. of (full address) was convicted by the National Court of Justice at ... on ... day of ... for
the following charge: (set out particulars of charge) AND WAS SENTENCED as follows: (set out sentence)
DATED this ... day of ... 20... Registrar
199
2
0
0
06 r7 FORM
20 GENERAL FORM OF ORDER ON APPEAL
(Heading as in Court
Papers) BEFORE MR.
JUSTICE ... THE ... day ...
of... 20... The Court Orders
that:I.Appeal allowed (or
etc.)
2'Conviction etc. of (particulars of court and date, quashed or confirmed or varied) etc.
3.(Other orders made)
By the Court
C H A P T E R 9 D I S T R I C T C O U R T
9.1 JURISDICTION OF THE COURT
Civil Court Cases
Those matters filed by an individual person, organization, company and the State against
another party in matters concerning disputes over matters including debts, motor vehicle
accidents, contracts, injuries sustained through fault of others up to K10,000.00.
Criminal Court Cases
Those that are usually commenced by Information laid by Police or other Government
Departments on behalf of the State in respect of their criminal jurisdiction or powers over the
following matters.
• Summary Offences under the Summary Offences Act
• Indictable Offences under Schedule 2 of the Criminal Code
• Motoring and Traffic cases under the Motor Traffic Act
• All indictable offences under the Criminal Code by way of committal hearing.
• Taxation cases under the Income T a x Act
• All other offences that specific legislation gives the District Court the power to hear.
e.g. currency issues, Land Cases.
Civil Court
District Court Civil matters District Courts Act
family Court Civil matters District Courts Act, Marriage Act
Children's Court Child Welfare Act; Deserted Wives and Children Act
Maintenance Orders Enforcement Act.
Criminal Court Summary Offences matters Summary OffencesAct
Grade Five matters Sect 420 & 421A Criminal Code Act
(Serious Criminal Matters) Committal matters District Courts Act.
Traffic Court Motor Traffic Act
Taxation matters Income Tax Act
Juvenile Court matters Juvenile Courts Act (yet to be implement)
Fisheries matters Fisheries Management Act
Coronial matters Coroners Act
9.2 SOURCES OF PROCEDURE
The procedure to be followed in a particular case depends upon the jurisdiction being exercised. Below is a guide to the sources to which District Court Magistrates may refer:
Guide to sources of procedure
(a) Criminal Case Simple and summary offences District Courts Act (DCA), Pts IV, V & VII
Summary Offences Act (SOA) Criminal Code (CC) Arrest Act (AA) Search Act (SA) Bail Act (BA)
Indictable offences triable DCA, Pt VII; CC Summarily by a Principal Magistrate
Indictable committals DCA, Pt VI
b) Civil cases
DCA, Pts 1V, V & VIII
Matters involving children Child Welfare Act (CWA)
Matters involving deserted wives Deserted Wives and Children Act (DWCA) children Juvenile Courts Act
Land mediation Land Disputes Settlement Act (LDSA)
Village Court matters Village Court Act (VCA)
Inter-group fighting matters Inter-Group Fighting Act (I-GFA)
Coroner's inquests Coroners' Act
Elections:
enrolment appeals and disputed Organic Law on National and Local-level
returns of Local Level Government Elections Government
Motor vehicle compensation Motor Vehicles (Basic Protection Compensation) assessment Act
2
9.3 CRIMINAL INSTRUCTION
Criminal Instruction
including Traffic Court
Grade five Criminal
Instructions
1. Information/Summons received front either the police over the counter, via the
mail or collected from the police station
District Court Act Sec (DCA) 28
District Court Regulations Rule No 6
2. Registry clerks then allocate the matter a new case number. This number is selected
from the list of numbers attached to the Alphabetical Index. Once a number has
been used a line is to be placed through that number to indicate it has been used.
The case details to be entered into an Alphabetical Index are •
Surname
• Given name
• Case number
• Original Date of hearing
The case is to be entered in the Daily Diary the details to he centerd are:
• Surname
• Given name
• Case number
• Time of hearing
Clerk attaches new worksheets to Information/Summons and the file. The file is
filed in date of hearing order. This process is repeated for adjourned matters, (for
adjournments see DC/Sec 88-92)
3. The case details for all matters (including adjourned matters) listed each day are to be
entered into the Court Register. Details to be entered in to Court Register (The Court
Register is the same Register that is currently referred to as the Completed Case Register
or Monthly Register). The details are:
• Case Number (where completed case number was previously entered) •
Date
• Prosecutor / Complainant
• Accused / Defendant
• How before court (Summons, Information etc)
• CIR (Case No) (Does not need to be completed)
• Charge (offence committed, claim made)
• Plea (guilty / not guilty)
• Decision (Courts decision)
• Remarks (letters sent, action taken and enforcement procedures are entered in
this column)
• Coram (name of Magistrate or who heard the case)
3
Please note that the case number is to be placed where the completed number has
been placed under the old system. The CIR column does not need to be completed.
4. A Court Clerk prepares and distributes the daily Court list. This process
includes posting the daily list of cases in an easily accessible position outside the
Court for court users to view.
5. Once the hearing has been completed the Clerk enters the results of the hearing
into the Court Register. This step requires the Clerk to go to the Magistrates
Office and pick up all Court Files dealt with during the day. Files retained for
judgment writing should be entered in the File Movement Register and collected
later on.
6 The Magistrate may either hear and determine the case, or adjourn the case
If the case is heard:
Case Dismissed or Struck-out
If a case is dismissed or struck-out and bail is to be refunded, the Clerk prepares a bail
refund form. A Court Clerk enters the name of the person who paid the bail, whose name
appears on the original bail receipt onto the refund forth. The bail refund form is then
signed by the person who placed the bail. The form is then signed by the financial delegate,
(the Clerk of Courts) and the Magistrate who made the order, signs the order, and the form
is sealed and given to the person whose name appears on the receipt.
Fine (on bail)
If the defendant appears on Court Bail and the court imposes a fine, the Court Bail is
converted into the fine. (The process to be followed is detailed under new Practices and
Procedures, Conversion of Bail monies into Fines). See chapter 5.0 P7
Fine (not on Bail)
If the defendant is fined and is not able to pay the fine the Court Clerk is to prepare a
Warrant of Commitment. It is signed by the presiding Magistrate and sealed. A copy is
attached to the Court File, the original is given to the police, the police sign the Warrant
Book and take the defendant into custody. If the fine is paid in full or part in future than the
defendant may be released after serving some time on adjournment of the fine against total
days committed to imprisonment. Good Behaviour Bond
If the defendant is placed on a Good Behaviour Bond, and was on bail, the Bail
monies are usually converted to a surety for the Bond. Court Clerk prepares the
Good Behaviour Bond, has it signed by the Magistrate and defendant, a copy of the
Bond is given to the defendant. The Defendant is advised that he should attend the
court case till it is completed for the Bond to be refunded (same process as if the
case was dismissed)
7. If any matters are adjourned the files are to be filed away in date of hearing
order. The adjourned date is recorded in the Alphabetical Index and the case
details
204
entered into the Daily Dairy.
If bail was allowed but not paid, the Clerk prepares a Warrant of Remand which is
signed by the Magistrate, sealed and entered into the Warrant Book for collection
by the police to take the accused into custody.
If bail is paid, the official receipt number is written on the Court File and the
original receipt is given back to the defendant who is advised to appear on the next
hearing date. If the defendant is already in custody and bail is paid at a later date,
the Clerk prepares a Certificate of Discharged and the first copy is attached to the
receipt. The form is taken to the prison and the prisoner released with reporting
conditions.
If the defendant does not appear in Court whilst on bail a Warrant of Arrest is
usually issued. (The procedure for issuing a warrant of arrest is set out under
flew Practices and Procedures, Issuing of Warrants ofArrest) See chapter 5.
8. As a result of the Court's decision the Court Clerk may have to prepare and
forward various warrants or documents relating to fines and forfeiture of bail. The
details of these warrants or forms are to be endorsed in the remarks column of the
Court Register.
E.g. if a Warrant of Commitment was issued arising from a court case on the 9`h
of October 2002, the remarks column of the Register would be endorsed, (w/c
issued 9/10/02).
The completed files are to be filed away under year and number order using the
case number allocated using the Alphabetical Index.
9. The Clerk of Courts checks the Court Register one month after the date of hearing
to check for any unenforced or outstanding matters including:
• Unpaid fines where no warrant of commitment has been issued
No receipt from police for warrants.
• Outstanding matters where an appeal result from National Court has not
been sent to the court.
• Failure to take action after court hearing i.e. no license cancellation notice
sent (or original license taken from accused).
If matters are found to be outstanding the details are to be entered into
the Outstanding Penalties Register.
10. The Outstanding Penalties Register is to be checked each month and the
necessary action taken to dispose of all outstanding matters i.e. issue Warrant of
Commitment.
Once a matter has been finalised a line is to be drawn through the case in the
Outstanding Penalties Register (for more details oft the Outstanding Penalties
Register see the flew Practices and Procedure, Outstanding Penalties section
of this Manual). See chapter 5.
11. At the end of each month the first and second copy of the Court Register is to be
forwarded to the District Court Statistician and Registrar District Courts respectively
in the Chief Magistrates Office at Armit Street Port Moresby, Magisterial Services
head Quarters (Refer to new Practices and Procedure
205
Statistics Section of the Manual for details) See chapter 5
12. At the end of each year the files are to be archived.
• Files over three years old that have been finalised are to be archived.
• They are to be placed in the archive boxes in case number order. The files
should be placed in each archive box in a manner that they can be easily
removed.
• The Court's name, type of file (i.e. civil or criminal) and the first and last
case numbers should be clearly written on the outside front of the Archive
box.
• For NCD based Courts, the files are then to be forwarded to the Archive
unit for storage. Provincial Courts are to locate their files in their Court
space allocated for archive purposes.
An index of all archive boxes and their contents is to be kept by each Court to
assist in retrieving lire files flout 111C archive unit.
13 If an accused has been fined and was on Bail, the bail monies may be used as part
or whole payment for the fine.
The method of processing such matters is detailed under new practices and
procedures, conversion of bail monies into fines. See chapter 5.
14. The accused may wish to appeal tire Magistrates decision, to Appeal the accused:
(The details of the Appeal Practices and Procedures are included in this Manual
under District Court, Appeals instructions). See chapter 9.
206
9.4 CRIMINAL MATTERS FLOW CHART
(1) Information received from Prosecutors
(2) Registry Clerks allocate next number from Alphabetical Index. Details are entered into Index under Alphabetical order. Case details entered into Daily Dairy.
(3) Clerk enters details in Daily Register, gives file to Magistrate.
(4) Clerk prepares and distributes Daily
List.
(5) Hearing conducted, Clerk writes results in
Register,
(6) Defendant's charges either dismissed or a penalty is imposed.
(7) Adjourned cases filed under DOH order.
(13) Mil may be converted to fines.
(14) After viewing depositions, Deft may appeal. Clerk to notify Magistrate of Appeal.
(15) If no appeal notice received, file is
archived.
(9) (1) month after hearing, matters not enforced are entered
into Outstanding Penalties Register including outstanding
appeal results.
(10) Outstanding Penalties Register routinely checked
(12) Files archived at end
of year.
(11) Copy of Register given to Statistician at end of month.
(8) Completed cases. enforced and filed in year
and number order.
9.5 ORDINARY SUMMONS INSTRUCTIONS
Box No Instructions
1. An Ordinary summons is used for an unliquidated amount (No fixed amount
of money being sought). A filing fee is required to be paid (District Court Act
(DCA) Reg 47 Schedule 3 of District Court Regulations).
The Complaint (see fortn1.5 District Court Rules in this section)and Summons
(see fornt18 District Court Rules in this section at)must contain
• 1 original Complaint and 2 copies
• 1 original Summons and 2 copies
• 1 original Affidavit in support of the Complaint and 2 copies
• 1 copy of Proof of Service _ _
2 Summons and Complaint arc
checked by Court staff for valid (see Form 14) cause of action, jurisdiction and
that tire correct forms have been used: if the documents are defective, the Court
Clerk rejects them and returns them to the Complainant or Solicitor with an
explanation.
if the Summons is not defective, it is allocated a file number using the
Alphabetical Index and given a return date and the documents are
sealed. The documents are then distributed as follows:
• Original complaint, summons and Affidavit retained as the Court file
• Remaining documents returned to Complainant or Solicitor.
3 The details are entered into Daily Dairy according to return date and the file
is filed away according to the date of hearing. A worksheet is compiled and
endorsed :with:
• File Number
• Return date and time
• Names of Parties
• Nature of Complaint
4. The Court Clerk checks to ensure that the Proof of Service and locates the
court file. The court clerk then delivers the file to the Magistrate.
Summons and Complain is to be served at least 72 hours prior to
appointed
time on summons.(DCA Sec 47 (1)). If the complainant did not serve the
Summons and Complaint, the complainant must advise the Clerk of
Courts before the hearing date so the Clerk of Court or Magistrate may
extend the summons.
If complainant did not inform lire Magistrate of non-service and fails to
appear the complaint may be struck out by the Magistrate. If complainant
appears and the Summons and Complaint are not served, the complainant
may apply for an extension of return date.
5. If Proof of Service is filed and the defendant fails to appear the Magistrate may if
the claim is proved make ex-parte order against the defendant. The Magistrate
however will usually allow one or two adjournments of the case to allow the
defendant every opportunity to appear. This order is subject to
208
confirmation at a later date if the defendant sets aside the order
and seeks Court full hearing.
If Defendant appears and wishes to defend case, the Magistrate adjourns matter
to a suitable date.
6 At conclusion of the case, the Court Clerk shall forward the file to the typist
to have the Court Order prepared in accordance with Magistrate's order. The
Magistrate proof reads the Order and signs the Order if correct. Clerk then
seals the Order and distributes the Order
to: • copy for complainant
• original copy for defendant
• copy for court file
7. Statistical details are entered on statistical return. The return to be used is
included in this manual under (New Practices and Procedures, Statistics) See
chapter 5
8
If the unsuccessful party breach the Magistrates restraining order or
Good Behaviour Bond, complainant may file a Notice of Motion and
supporting Affidavit to enforce the order.
9. If the Defendant does not appear and Complainant proves that Motion has been
served, the Magistrate may issue a Warrant of Arrest for the Defendant.
It defendant appears and after hearing evidence from both partie the Magistrate
may
• Sentence Defendant to goal
• Issue Warrant of Execution against Defendant if matter
concerned compensation or debt.
Clerk enters the date of issue and name of any documents issued as a result
of the Court hearing in the remarks column of the Court Register.
209
9.6 ORDINARY SUMMONS DISTRICT COURT CIVIL
l. Summons received via mail or counter
2. Su mmons checked by Registry Clerk
3. ('lurk enters details into Alphabetical Index & Dairy and files
4. Proof of service returned
5. Magistrate may make exparte order
6. Magistrate hears matter on return date
7. Statistical return completed
13. File is archived
12. Debtor is imprisoned for failure to pay debt ordered by Court 5170 192 DCS
11. Clerk, if requested, prepares Summons to Debtor
10. Police/Sheriff act on Warrant of
Execution
9. Magistrate hears enforcement application
I 8. Parties may enforce order
9.7 DEFAULT SUMMONS INSTRUCTIONS
Box No Instructions
1. A Default Summons and Complaint in the District Court must be issued for a liquidated
amount of money (that is a fixed amount of money) DCA Sec 156 and Sec 157 (See Form
42 District Court Regulations in this section for the Summons and Form 18 for the
Complaint).
Before a Default Summons can be issued a fee for the issue of the summons
must be paid. DCA Sec. 242 Reg. 47.( Refer to District Court Fees in this
section of the Manual to determine the amount of the fee)
The Default Summons is either received over the counter or via the mail. The
Summons and Complaint must contain an original Default Summons plus
• 2 copies of the Default summons DCA Sec 157
• 2 Copies of Complaint DCA Sec 28
• 2 Notices of intention to Defend DCA Sec 157
• 2 Copies of Proof of Service DCA Sec 157.
2. Registry Clerk has to check for the correctness of the Default Summons as they
arrive at the Court. They have to check that the documents are in accordance with
DCA Sections 28 and 157 and that the Summons and Complaint have the correct
cause of action see form 14 Section 21 of this Manual and jurisdiction. If the
documents do not comply with any of the above details they are to be returned to
the Complaint or Solicitor with an explanation.
3. If accepted, the Complaint and Summons to allocated a number using the
Alphabetical Index. The required case details are also entered into the Index.
The Documents are sealed and distributed as follows:
• Original Complaint, Summons and Affidavit retained on the Court file
• Remaining documents returned to complainant.
The relevant details are then entered into the Daily Dairy.
The Court file is created by entering the following details onto a worksheet
which is attached to the Court File.
• File Number
• Return Date
• Name of Complainant
• Name of Defendant
• Name of Magistrate
211
4. The Default Summons and Complaint are to be served not less than six
days before the date of return DCA Sec.157 (1). The proof of Service
document must be lodged with the Court prior to the hearing.
If the Default Summons and, Complaint have not been served on the
defendant, the complainant must advise the Clerk of Court and request an
extension of the hearing date.
5. The Notice of Intention to Defend must be lodged with the Court at least 48
hours before the time appointed for the return of the Default Summons. DCA
157(4).
If the defendant fails to lodge a Notice of Intention to Defend, the Court,
upon the proof of service being filed, may make an order against the
Defendant in their absence. DCA Sec 43.
6. The Clerk should check the file to ensure all documentation is on the
Court file.
The daily list of cases is to be placed on the Court Notice Board (Refer to the
section titled new Practices and Procedures, Court hearing Notification of this Manual, chapter 5.).
The Court file is given to the Magistrate assigned to hear the matter.
7. If the defendant appears and wishes to defend the matter, the case is adjourned
to a further contested hearing date. The Clerk must enter the adjourned date
into the Alphabetical Index.
The Defendants must, prior to the hearing date, file a copy of their Statement
of Facts concerning the case together with any witness statements.
The Magistrate, after hearing the case makes a judgement with the reasons for
the judgement and gives the file to the Clerk who enters the decision into the
Court Register.
8. Statistical details are entered on the statistical return. (The return to be used
is included in this Court Officers Manual under new Practices and
Procedures, statistics see chapter 5..
9. The Clerk forwards the court file to the typist who prepares 3 copies of
the court order.
Clerk gives the orders to the Magistrate to proof read and sign once correct.
After orders are signed the clerks gives 2 copies to the complainant to serve
one on the defendant and retain one for themselves. The original is kept on
the court file. Original copy is served on the Defendant.
10 If judgement was entered and time given to pay, but the defendant did
not comply with the court order, the complainant may lodge an Affidavit
in support to have a Warrant of Execution issued.
212
The Court Clerk arranges for the Magistrate to sign the Warrant of Execution which is then given to the Sheriff/Police for execution DCA Sec
173.(See Form 52 tinder District Court forms in this section of the
Manual).
11. Police/Sheriff execute Warrant of Execution to seize defendant's goods to the value of the Court Order. Police/Sheriff retain goods for 14 days. If no communication from defendant, the goods are put up for public auction.
If Warrant of Execution is returned to the Court with no goods available to be seized, the warrant is returned "Nulla Bona" (DCA 17 form 54). If this occurs the Court Register is to be endorsed that the warrant was returned Nulla Bona together with the date the warrant was returned
12. Court file may then be either be adjourned sine die to allow for the defendant to pay the debt or the Clerk may prepare a Summons to Debtor for the defendant to appear in court to be examined as to his/her ability to pay the
debt. DCA Sec 192 .(See Form 63 tinder District Court forms in this section of
the manual).
The Magistrate may as a result of the Summon to Debtor hearing:
• Make no order
• Issue a Garnishee Order against the Defendant where the Defendant is working or has other income
213
9.8 DEFAULT SUMMONS DISTRICT COURT CIVIL
1. Default summons filed
2. Registry Clerk to check
documents
3.Registry Clerk to register
summons
4. Summons to be served on Defendant
5. Defendant may defend the summons
6. Clerks prepares for Court hearing
7. Magistrate to hear the case (case defended)
If no defence orck made even without the
appearance of 1 Complainant
13. File is archived
L2. Clerk may issue Summons to Debtor
11. Sheriff/Police act on Warrant of Execution
0. Warrant of Fxecution may be issued
Clerk prepares Court Orders
8. Statistical return completed
214
9.9 COMMITTAL INSTRUCTIONS
Box No Instruction 1.
A fresh Information is lodged with the Court. The Information is to be allocated a number using the Alphabetical Index. The relevant details are to be written into this index. The case details are to be then endorsed into the Daily Dairy under date of hearing order.
A worksheet is attached to the information and it filed in date of hearing order, or in some instances mentioned before the Court on the same day the Information is received at the Court.
2.
When the matter is first listed before a Magistrate, the Magistrate may: • If the accused fails to appear, issue a Warrant of Arrest,(the Clerk's duties
are outlined under the section Changed Practices and Procedures, Issuing
of Warrants ofArrest see chapter 5).
• Adjourn the case, Bail may be fixed or extended, if bail is not paid the Clerk is to issue a Warrant of Remand to take the accused into custody • Adjourn the case with the accused on bail
• The case may be transferred to a Grade Five case. An Election Certificate is prepared by the Public Prosecutor to begin the transfer process. A transfer letter is then prepared by the Court Clerk. The original file and Information and Summons is forwarded to the Grade Five Clerk and a copy retained on the Committal File.
Each time the case is listed before the Court, the case details are to be entered into the Court Register. Any administrative work arising from a decision of the Court is to be endorsed in the remarks column of the Court Register e.g issuing of warrants.
The details of the days cases are to be placed on the Courts public notice board (Refer to the section under changed Practices and Procedures chapter
5.0 P.74).
3. The Magistrate may adjourn the case up to 4 or 5 times. If case is still not ready to proceed, the case may be struck out, withdrawn or dismissed.
If the case is struck out, withdrawn or dismissed the accused bail monies, if any, are reimbursed.
The required bail refund form to be used is (See new practices and
procedures, refund of bail is prepared and sent to the Department of
Finance chapter 5.)
215
9.10 COMMITTALS FLOWCHART
1. Informations received
from Police
2. Magistrate conducts first
hearing for the case
3. Case may be adjourned.
Accused let on bail or
remanded
4. Hearing conducted, accused may
be committed to stand trial Monday
week at National Court
5. The file is to be forwarded to the
National Court if accused is committed
to stand trial. Notice of Committal and
Magistrate's reasons for decision plus
other Court depositions to be copied
and remitted to Office of Public
Solicitor and Public Prosecutor on day
of committal
6. Statistics prepared
7. File is archived
216
9.11 TAXATION MATTERS INSTRUCTIONS
Box No Instructions
1. Fresh Information's are received from either
• Internal Revenue Commission (IRC) • Customs • Investment Promotion Authority (IPA) • NCDC
2. Court staff check all Information's to ensure that they comply with all Court requirements (i.e. correct form and signed )
Court staff then
• Allocate a Court number using the Alphabetical Index
• Enter relevant details into the Alphabetical Index
• Enter case details into Daily Dairy
The Information's and Summons are attached to a worksheet and given to the Magistrate/Clerk of Courts for witnessing.
The Information's are then sealed using the court seal.
The information's are separated with the original retained by the Court. The first copy to the defendant and the second copy to the Informants (IRC, Customs, IPA, NCDC. Defendant's copy of the Information is served by the Informant.
3. On the first hearing date the case may be adjourned. If this occurs the relevant case details are to be entered into the Court Register and Daily Diary. The case is to be then filed away in date of hearing order.
4. If the case is heard the court details are again entered into the Court Register, the file is to be sealed using the Court seal.
The orders of the Court are to be prepared for signature by the Presiding Magistrate. Once signed, the Court seal is placed on the order.
A copy of the order is retained on the Court file, and 1 copy is forwarded
to the Informants and original to the Defendants.
5. Monthly Statistics are prepared. (For instructions see new Practices and
Procedures, Statistics section of this Manual chapter 5 ).
6. Completed cases are to be archived. (The procedures set out under the
section in this Manual titled New Practices and Procedures, Archiving
and Storing of Files chapter 6.).
217
9.12 TAXATION MATTERS FLOWCHART
1
.
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3. District Court
Clerk Prepares
Appeal file for
National Court
4. Registry Clerks
forward original file to
National Court
5
.
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6. File is archived on receipt
of decision from National
Court
2
1
8
9.13 APPEALS FROM THE DISTRICT COURT
The various Act of Parliament and supporting Regulations provide the mechanism for decisions of the District Court and its jurisdictions to be appealed to the National Court.
The following flowchart and supporting instructions provide the details of the
administrative practices and procedures that allow for Appeals from the District Court
to be heard in the National Court.
9.14 JURISDICTION FOR APPEALS TO THE NATIONAL COURT
Section 219. District Courts Act Appeal to National Court.
(l) Subject to Subsections (2) and (3), a person aggrieved by a conviction order or
adjudication of a Court, including an adjudication or order dismissing an
information or complaint, may appeal to the National Court from the conviction,
order or adjudication, in accordance with this Part.
(2) Except as provided in Subsection (3), Subsection (1) shall not be deemed
to authorize an appeal by the State against the dismissal of an information.
(3) Where, in the opinion of the National Court, the matter is one of such public
importance that leave should be granted, the Attorney-General may:
a) Appeal against a decision of a District Court on behalf of a party; or
b) Intervene in an appeal to the National Court.
(4) The Public Prosecutor may appeal to the National Court against any decision of
the District Court as to sentence in respect of any indictable offence triable
summarily under Section 420 of the Criminal Code 1974.
219
9.15 APPEAL PROCESS INSTRUCTIONS
Box No Instructions
1.
Parties may Appeal against a Magistrate's Decision. The notice of
Appeal is served on respondent and Registra National Court within one
month of decision being made. DCA Sec 221 (2)
2.
Registry Clerks shall check that
appeal documents are in the correct
format according to the District Court
Rules (See Forms 71 and 72 of the
District Court forms in this Manual)
Registry Clerk arranges for Magistrate to sign Recognizance. (Form
72)
The Registry Clerks after checking the
documents retain the original Notice
of Appeal (Form 71) and copy of
Recognizance of Appeal. All other
copies are given back to the Appellant
to file in the National Court.
The Appellant must pay the K50.00
upon lodging the Appeal to the
District Court (National Court Rules
see Court Fees Item 1, National
Court in this Manual)
Upon the National Court receiving the Appeal Documents, the National Court writes to the
District Court requesting original of the Court deposition with reasons for the decision, to be sent
to the National Court as soon as practicable.
3.
District
Court
Clerk
prepares
220
5. If the appellant receives a sentence the National Court has to
prepare the necessary paperwork immediately (i.e. imprisonment).
The National Court will prepare the paperwork at the conclusion of
the Appeal hearing.
In other circumstances the file will be returned to the District Court for
enforcement proceedings to be performed by the District Court
Registry staff.
District Court staff are to endorse the remarks column of the original
entry in the Court Register with the details of any administrative
actions that result from the appeal hearing i.e. bail conversion to fine
etc.
Numerous times the National Court remits to case back to the
District Court to be re-trial by another Magistrate. Appeal Clerk must
check with Civil and Criminal Clerks at National Court and obtain
copies of judgements of the appeal cases and insert them into the
District Court Files before archiving the appealed cases.
221
9.16 APPEAL PROCESS DISTRICT COURT FLOWCHART
1. Parties may Appeal against a
Magistrates decision
2. Registry Clerks to check and
register Appeal documents
3. District Court Clerk prepares
Appeal file for National Court
4. Registry Clerks
forward original file to
National Court
5. Enforcement of Appeal
Decision
6. File is archived on receipt
of decision from National
Court
222
lf a person does not agree with a Village Court decision they have the right
to appeal to the District Court
Village court Magistrates should inform people of this right if they
disagree with their decisions.
Appeals should be made within three months of the Decision and will not
be allowed after twelve months.
During an appeal hearing the district court Magistrate will invite two
village court Magistrates to sit with him/her and advise on custom.
A District court Magistrate has the power to review village court decision
even if there is no appeal.
A District court Magistrate hearing an appeal or review will either
confirm or quash the decision ,or refer the matter back to the Village court
and provide advice to the Magistrates on how to correctly hear the case.
On appeal the District Court Magistrate May suspend the order been
appealed.
Why Appeals are made.
When a Village Court has made an order someone might think the Village
Court made a mistake. Maybe someone things it was a bad order because
the Village Court was not fair or because the Village Court did not have the
power to make the order. People who have this problem should not come
back to the Village Court to try to change the order. Instead, someone who
has this problem should appeal the order. Village Court Magistrates should
inform people who come before the court they have the right to appeal and
explain to them how they go about it. An appeal happens when another
court looks at the order of a Village Court and decides if it should be
changed. District Court Magistrates have the power to do this.
(Village Courts Act, Sections 85-95)
The National Government appoints a District Court Magistrate in each
province as the Provincial Supervising Magistrate. It is the job of this
magistrate to ensure that Village Courts officials act correctly and do not
exceed their jurisdiction. This is done through inspections of Village
Courts and their books, reviews and the hearing of appeals.
(Village Courts Act, Section 15)
Time for appeal
Someone who wants to appeal an order of the Village Court should do it
quickly. The Village Court Act says that someone who wants to appeal
an order of the Village Court should try to do it within three months
after the order is made. A District Court Magistrate might let a person
appeal after three months but no one can appeal an order of the Village
Court after 12 months.
(Section 86)
Procedure
Most of the responsibility for appeals belongs to the District Court where
the appeal is made. The Magistrate will set the date for hearing and make
sure that the appeal is conducted fairly. The District Court Magistrate will
invite two Village Court Magistrates who made the order that is being
appealed 'to listen to the appeal with the District Court Magistrate who is
hearing it. The job of the Village Court Magistrates is to advise about
customary law and give advice to the District Court Magistrate about other
things. The District Court Magistrate may not know about what custom was
important in the original decision. The Village Court Magistrates who help
with the
(Section 89)
224
appeal do not decide the case or make the order. That is a job for the District
Court Magistrate.
A Village Court Magistrate who is appointed to help with an appeal does not
have to look after summoning witnesses to appear at the appeal. If witnesses
are needed, then it is up to the District Court Magistrate to summon them to
court. A Village Court Magistrate could assist by suggesting who might be an
important witness at the appeal.
Review
Sometimes, even if nobody appeals an order of the Village Court, a District
Court Magistrate might think it needs to be reviewed. A review is like an appeal
except it is started by a District Court Magistrate and. not by a party who is
unhappy with the Village Court Order. The Village Court Magistrates who are
asked to help with a review have the same jobs they have in an appeal. The
Provincial Supervising Magistrate has the power to further review the case.
(Section 87)
(Section 94)
Appeal and Review Orders
When an appeal or review is heard by a Local or District Court, one of three
things can happen:
(Section 92) If the District Court Magistrate who hears an appeal or conducts a
review thinks that the Village Court acted properly and was fair then he
will confirm the order that; is being appealed. This means that the order
that the Village Court made will not be changed.
If the Magistrate who hears the appeal thinks that the Village Court did
not act properly he will quash it. This means that the Village Court order
has no more power and does not need to be obeyed.
The District Court Magistrate may think that it is better for the Village
Court to hear the matter again and make another decision. An order for
the Village Court to hear the matter again can be made. The District
Court Magistrate might to give some directions or guidelines to the
Village Court Magistrates to help them correct the order. When this
kind of order is made at an appeal, the Village Court should have
another full court hearing and pay special attention to the directions
which the District Court Magistrate has given.
Confirm - agree that the order is correct.
225
3)
2)
1)
The District Court Magistrate who hears an appeal or conducts a review will not confirm a Village
Court Order if he thinks that the Village Court made an order that it did not have the power
(jurisdiction) to make. Also, if the Village Court made an order unfairly then the order will not be
confirmed. A Village Court order might be unfair because a party did not have a chance to talk or
ask questions or was not allowed to have someone represent him. If one of the Village Court
Magistrates who made the order had something to gain from the order (a conflict of interest) then
when the appeal is heard, the order will not be confirmed.
What happens to Village Court Orders before
the appeal
Village Court Orders take effect when they are made or at any later time that
the Village Court Magistrates decide. If the order is appealed, it is up to the
District Court Magistrate to decide whether or not to suspend the Village
Court Order until the appeal is heard. If the Village Court makes an order for
the payment of compensation or for the performance of work and the order is
appealed, the District Court Magistrate might suspend the order until the
appeal is heard. Then the work will not have to be done and the
compensation does not have to be paid until after the appeal. If the appeal is
successful and the Village Court order is not confirmed, the compensation
may never have to be paid or the work may never have to be done.
(Section 88)
Other things to think about
Village Court Magistrates should not feel badly when someone starts an appeal. Magistrates and
judges in every court in Papua New Guinea except the Supreme Court sometimes have their
judgments and orders appealed. Someone who starts an appeal has a legal right to do so and
should not be criticised. Even if Village Court Magistrates are always careful and make their
decisions as fairly as they can, their decisions will still sometimes be appealed.
If a District Court Magistrate thinks the order of a Village Court is unfair or unjust and quashes it,
remember that the Magistrate is doing his best to be fair. Village Court Magistrates should not take
it personally when a decision they have made is quashed. However, it might help the Village Court
Magistrates to make better orders in the future if they look at the reasons that were given in the
appeal when the Village court order was quashed.
If a party is not happy with a Village Court order it is best for the Village Court Magistrates
not to argue with them or keep explaining the reasons for the decision. It is better if the
unhappy party is told that they have right to appeal the
226
decision to a District Court Magistrate within three months of the Village Court decision.
227
C o u r t F o r m s a n d R e c o r d s
There are a number of forms that village courts should use to keep track of what happens in
their court area. These forms are usually supplied by the Village Court Coordinator in each
province but often there are no forms around. This should not stop a Court from functioning. A
Village Court can make its own temporary forms from school note books or blank paper or
whatever is available. Sometimes a photocopy of a form c a n be made by an inspector for use
by the Village Court until new forms are supplied. Copies of Court Forms are part of this
manual and can be photocopied if necessary.
It i s important that the records be kept in a safe place. These records will be important if a
decision is appealed or if an argument arises later about what exactly the court decided. If the
records are damaged, lost or stolen then a some people might be able to avoid doing what the
court has ordered them to do. It is an offence to damage, alter or incorrectly make entries in
Village Court records. (Village Court Act, Section 110)
When filling out the forms the clerk must write the full name of the person concerned. That is,
if the person has three names, then the Clerk must write the three names on the form.
When making out Orders of the Village Court, the clerk must include the date by which the
order must be completed. If the Magistrates do not seta date, the Clerk must inform the
Magistrates so they set a one.' The date by which the order is to be carried out should be
recorded in the court record and on that date the Clerk should check to see if the Order has
been completed. If it has not been completed the Clerk should tell the Magistrates.
There are three forms in use in the Village Courts: Forms
1 and 2 The Settlement Order,
Forms 3 and 4 The Preventive Order
Forms 5 and 6 The Court Order
Copies of these forms and a Summons form are included at the back of this manual.
228
Form One (Motu) and Form Two (Tok Pisin) - Settlement Order
This form is a record of what two parties agree to in a mediation. This form should be filled in
after every successful mediation. It should be read to both parties before the Magistrate signs it.
If a person does not do what they promised to do in the mediation this form will be necessary to bring them to a full court to explain themselves.
Reg. Sec. 4 PAPUA NEW GUINEA
Village Courts Act 1973, as amended to date
S E T T L E M E N T O R D E R
_ N o
1 6 4 5 1 Oda Bilong Stretim Hevi VILLAGE MAGISTRATES --------------------------------- Of _______________________________
Viles Majistret ------------------------ ----------- Bilong ........................................................-
-------------------------------- --------------------------------- -----------------------------
---
CLERK _________________________________
___________________ ___ _ Kuskus COMPLAINT OF ------------- __----------------------------------- OF --------------------------------------Wari bilong
(NAME, Nem) (VILLAGE, Pies)
AGAINST
wantaim
DEFENDANT ................of..........................................................Man igat Kot (Name, Nem)-
Bilong (Village, Pies)
STATEMENT OF COMPLAINT---_________________________-
________________________________________________
Wari cm olesm __________________________________________________:_______________-
__________________________ ------------------------------------------------------------ ------------------------------------- -------
----------------- ---------------- --------------- -------------------------------- DATE OF HEARING -------------------------- PLACE OF HEARING --___-____________________________
Dei bilong kot Pies biling harim kot
DISPUTE SETTLED ON MEDIATION BETWEEN PARTIES OI stretim
wari long mdiesen
SETTLEMENT IN FOLLOWING TERMS AGREED ON IN PRESENCE OF-------------------____ OI pasim
tingting long ai bilong MAGISTRATE
(Name)
VILLAGE MAGISTRATE/ VILLAGE COURT CLERK/ DEPUTY
VILLAGE COURT CLERK/
Majistret/Kuskus/Nambatu Kuskus
229
DATE -------------------------- _----- _._------------------------------
.__.________-.._____ Dei
Form Three (Motu) and Form Four (Tok Pisin) - Preventive Order
This form is a temporary order to stop trouble. It is made before the case comes to court. It can
be filled out by one Magistrate when someone is fighting or preparing, to fight, spreading
rumours or doing anything to disturb the peace of the village. When the case goes to mediation
or full court, the preventive order is replaced by another order.
Form 4
INDEPENDENT STATE OF PAPUA NEW GUINEA Village Court Act, 1989
NO.53701
PREVENTIVE ORDER
Oda Bilong Pasim Trabel Lalk Kirap
VILLAGE MAGISTRATE___________________OF________
Viles Mejistret
DATE OF ORDER
Dei bilong
ON WHOM MADE OF
I -go long: (NAME, NEM)--.(BILONG) (VILLAGES, PLES)
1, (VILLAGE MAGISTRATE, Viles
Majistret) (ME) BELIEVING THAT A DISPUTE OR A THREATENED DISPUTE MAY CAUSE A BREACH OF THE PEACE Tingling olsem klostu bai trabe i kimp bagarapim gutpeta sindaun long ples
I DO ORDER THAT OF
Mi odaim olsem (Name,Nem) (bilong) (Village, pies)
I, (Mi)
(2)AND THAT YOU MUST APPEAR BEFORE THE VILLAGE COURT AT
Na yu mas kamap Iong V iles Kot long (place, pies)
AT DATE
long - del
VILLAGE COURT MAGISTRATE OR CLERK (Signature)
V ilea Majistret 0 Kuskus (raitim nem)
NOTE: IF YOU DISOBEY THIS ORDER YOU MAY BE FINED KI,000 OR IMPRISONED FOR SIX
MONTHS.
Sapos yu sakim dispela oda, yu inap long baim kot long K 1,000 o kalabus sikis mun.
30
Form Five (Motu) and Form Six (Tok Pisin) - Court Order
This is the order that a Court makes after a full court. It should clearly explain the decision of the
court. It must list the exact amount of compensation a person must pay and when they have to
pay it. In the case of the community work or some customary order, it must clearly state the
nature of the work and when it should be done.
INDEPENDENT STATE OF PAPUA NEW GUINEA
Village Court Act, 1939
ORDER N0.45051
Form 6
VILLAGE COURT
(Viles Kot)
VILLAGE MAGISTRATE, viles Majistret
OF
(bilong)
VILLAG
E CLERK, Kuskus (NAME, Nem) COMPLAINT
OF_ OF VILLAGE
wari bilong bilong pies AGAINST
OF VILLAGE
(DEFENDANT, Man 1 gat Kot) bilong
pies STATEMENT OP COMPLAINT
Ward em 1
_________________
__________________ olsem
DATE OF HEARING PLACE OF HEARING
Dci bilong kot Pies bilong kot
DEFENDANT PRESENT PRESENT
BY Man igat kot WFINESS EXAMINED
Glasim witnis
ORDER,Oda
JUSTIFY THAT THIS RECORD IS CORRECT Strongim olsem rekot istret MAGISTRATE/CLERK/Mejistret / Kuskus
9.18 CALCULATION OF IMPRISONMENT IN DEFAULT OF PAYMENT OF A
FINE
The following section details the method used to calculate how much fine monies are
owing when a defendant wishes to pay his/her outstanding fine after already serving part
of the default period in prison.
Sec. 201 of tire District Court Act.
1. Where
(a) under this Act or any other law, the payment
of(i) a fine; or
(ii) costs;
adjudged to be paid by a conviction, is authorized to be enforced by imprisonment; and
(b) a term of imprisonment is not prescribed by the law authorized the making of
the conviction, the imprisonment shall be for such period, not exceeding the
maximum specified in Subsection (2), as the Court thinks fit.
2. Imprisonment imposed under Subsection (1) shall not exceed the maximum
period fixed by the following scale:
Where the sum adjudged to be paid, including costs The period shall not exceed
Does not exceed K50.00 14 days
Exceeds K50.00 but does not exceed K200.00 28 days
Exceeds K200.00 60 days
Calculation of imprisonment on part payment
Sec 202 of the District Court Act provides for a reduction of imprisonment on part
payment.
Where a conviction adjudges the payment of a fine or costs and a term of imprisonment is
imposed on the Defendant in default of payment, the term of imprisonment imposed on
payment or satisfaction of part of tire fine or costs, shall be reduced by a number of days
bearing, as near as possible the same proportion to the total number of days in the term as the
sum paid bears to the sum adjudged to be paid
Example defendant is fined K100 in default 10 days, and the defendant has served 7 days. The
amount due to be paid is K30 or calculate the amount of Kina per day to be served in default
imprisonment e.g. A K50 fine in default 14 days and the defendant has served 3 days
imprisonment and the defendant wishes to pay the balance of the fine to be released. The fine
is divided by the number of days default imprisonment i.e. K50 divided by 14 (days) equals
K3.57 per day and the defendant has spent 3 days in prison, therefore K3.57 multiplied by
3(days) equaling K10.71. The K10.71 being deducted from the original K50 resulting in
K39.29 having to be paid before the defendant can be released from prison.
Each clay in prison is to be calculated equally. That is weekends, public holidays and
days spent working in prison are all to be calculated as one day.
32
9.19 DISTRICT COURT FEES
District Court
District Courts
Act Sec 262
Reg. Sec 47
Civil Cases Fees 1. For every summons, including a copy but not service K2.00
Additional when the summons is prepared by the Clerk of the K1.00
District Court _ _
F o r every copy beyond one prepared by the Clerk of a District K 1 . 0 0 Court
2 _For every order under part 1 Division 4 of the District Court K 1 . 0 0 Act
Additional when the order is prepared by the Clerk of a K1.00 District Court
3. For service or attempted service on each defendant or other K10.00 person to be
served of a summons or order, if the distance
from the Court House does not exceed 3km
If the place of service is beyond 3km from the Court House, K1.00 for every
additional kilometre for each defendant or other
person served
For the service fee the process-server will, if necessary, pay two visits to the defendant's place of
abode or business according to the address supplied on the complaint behalf) to effect service. If More
than two visits are desired , then for each defendant or other person to be served a further fee of K5.00
and K1.00 for each additional kilometre beyond 3km from the Court House for each further visit must
be paid 4. For every payment of money into Court before or at the K1.00 hearing
5. For every notice of special defense lodged with the Clerk of a K1.00 District Court
6. For every security for sum adjudged to be paid K2.00
Additional when the security is prepared by the Clerk of a K1.50 District Court
7. For every certificate of Judgement K5.00
S. For every warrant under the Summary Ejectment Act K5.00
Additional when the warrant is prepared by the Clerk of a K1.00 District
Court
9. For executing or attempting to execute any warrant under the K5.00 Summary
Ejectment Act if the distance to be traveled does not
exceed 3km from the Court House
If beyond 3km for each additional Kilometre K1.00
33
10 For every summons for an offence punishable summarily, K2.00
including copy of service
Additional when the summons is prepared by the Clerk of a K1.00
District Court __
For every copy beyond one prepared by the Clerk of a District K1.00 Court, including
service
11. For every warrant of apprehension for any offence punishable K2.00
summarily, including execution of that warrant
Additional when the warrant is prepared by the Clerk of a K1.00 District
Court Civil and Criminal Cases Fees
12. For every summons to witness in any case in which there is a . K1.00
summary jurisdiction, including a number of names
For every copy of the summons prepared by the Clerk of a K1.00 District
Court
13. For service or attempted service of the summons, if required
K10.0
0 to be served by a member of the Police Force, on each
witness, it the distance from the Court House does not
exceed 3km
If the place of service is beyond 3km from the Court House, K1.00 for every
additional kilometre for each witness to be served
For this service the process-server will, if necessary, pay
two visits to the witnesses' place of abode or business to
effect service, if more than two visits are desired, then for
each witness to be served a further fee of K7.00 and K1.00
for each additional kilometre beyond 3 km from the Court
House for each further visit must be paid
14. For every certified copy of an extract from the Registrar of a
K1.5
0 District Court
Criminal Cases Fees
9.20 COSTS AND CHARGES OF EXECUTION
Schedule 3 Part 11
Civil Cases Charges of Execution
1. For every warrant of execution K2.00
Additional when such warrant is prepared by the Clerk of a K1.00
District Court
2. For executing or attempting to execute any such warrant, not
K10.0
0 including the expenses of removal, possession, or sale, if the
distance does not exceed 3km from the Court House, for
each defendant
If the place of execution is beyond 3km, for each additional K1.00
kilometre for each defendant
Civil and Criminal Cases Charges of Execution
3. For expenses of possession under a warrant of execution, not
K10.0
0 exceeding, per day
4. For expenses of removal (including storage) of goods, not 950:00
exceeding
5. Expenses of sale, for every K8.00 of the price of the price K50.0
realised
Costs of Commitment
1. For-warrant of commitment under part IX. Division of the K5.0
District Courts Act, but for no other warrant of commitment
Additional when the warrant is prepared by the Clerk of a K1.00
District Court
2. For executing or attempting to execute the warrant, if the K10.00
distance traveled does not exceed 3km from the Court House
If beyond 3km, for every additional kilometer K1.00
For Travelling - Witnesses expenses - Schedule 5
1. To every witness who may travel by ship, air or vehicle,
the amount actually and properly paid for fares both in
going to and returning from the Court at which he may be
required to attend
2. Where a witness drives a private vehicle, payment for each
K0.
25 kilometer necessarily traveled, a sum not exceeding per
kilometer
235
For Attendance Witnesses espenses
3. Witnesses' expenses (including attendance of plaintiff and 85.00
defendant) a sum representing the amount of salary, wages or
income actually lost, and accommodation expenses, but not to
exceed per day
Miscellaneous Fees - Schedule 6: Civil and Criminal Cases
1. For every copy of any complaint information, summons, Note
warrant, or deposition obtained after any hearing or
examination, and not exceeding one common law folio, not '
otherwise provided for, prepared by the Clerk of a District
Court as per item 2-4 below
2. For every folio or part of a folio beyond the first folio 1.00
3. For every recognizance to keep the peace 2.00
4. For every certified copy of an order or conviction 2.00
9.21 TIMELINES FOR SERVICE OF DOCUMENTS AND DEFENCES
Court Summons Service of Summons Time for Defence Act & Section
District Court, Default Summons To be served not less than District Courts Act
six days before the date of Section
157(1) return for mention.
Default Summons Notice of Intention to District Courts Act
Defend and Defence. At Section
157(4) least 48 hours before the
time appointed for the return of the Default Summons. Affidavit of service to be filled 48 hours before return
date. Ordinary Summons Summons to be served at Following National Court District Courts Act
least 72 hours prior to Rules, Notice of intension Section 47(1)
appointed time on to defend and defence be
summons. filed 7 days after
service. Ordinary
Summons affidavit of
service to be filled 7
days after date of
service DCA S.47 (2) See Section 157 (1) DCCA for methods of service for Default Summonses.
9.22 DEFAULT SUMMONS
See form 14 for causes of action
Proof of Service (to be endorsed on summons)
See form 42
1,... (Name of Person serving summons) of ... (address of person serving summons), stake
oath and say (or affirm) that I did on (Date summons served) ... ....200 (Year summons
served)... ,at (time of service) .a.m./p.m, Serve the within default summons by delivering to
the defendant personally a true copy of it with true copies of the two notices of intention to
defend allached, and at the same time showing hint the original default summons will) the
two notices of intention to defend attached to it.
Signature of person
who served summons
Sworn (or affirmed) before me (Name of Commissioner of Oaths)
At (Place proof of service sworn) ... ... ... ... ... ... ... ... ... ... ... ,
200 Year Commissioner of Oaths signed Proof of Service
Name of Commissioner of
Oaths
Commissioner of Oaths (Signature)
. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Types of Service
a) to the defendant personally or,
h) in the case of a company incorporated under the Companies Act-on the company in accordance with the provisions of that Act; or
c) in the case of any other corporation
i by delivering a copy of the summons to the secretary or public officer or other chief officer of the corporation in the country; or
ii by sending it by post to the secretary, public officer or other chief officer at the last known address of the corporation in the country,
or in any other manner provided by law.
Make an affidavit of service and immediately transmit the original summons to the clerk for production at the time and place and before the Court specified in the summons. District Court Act Section 157 (2)
38
Summons on Complaint
SUMMONS TO WITNESS
Summons on Information
Proof of Service (to be endorsed on summons)
I,- (Name of Person serving summons) of ... (address of person serving summons), make
oath and say (or affirm) that I did on (Date summons served) ... ....200 (Year summons
served)... ,at (Address/ place time summons served), Serve the within name(] defendant
with the within summons by delivering a copy to him personally , and at the same time
showing him/her the original summons.
Signature of person
who served summons
Sworn (or affirmed) before me (Name of commissioner of Oaths) At
Place proof of service sworn... ... ... ... ... ... ... ... ... ... ...,
On ... ... .., ... ... Date... ... ... ...
..
Commissioner of Oaths (Signature)
. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. . ... ... ... ... ...
... ... Types ... Service
District Court Act Section 47 (1)
a) in the case of a natural person-on the person to whom it is directed by delivering a copy of the summons to him personally or, if he cannot be found, by leaving it at his last known place of abode with some other person apparently; an inmate and apparently not less than 16 years of age; and
b) in the case of a company incorporated under the Companies Act- on the company in accordance with the provisions of that Act; or
c) in the case of any other corporation
i. by delivering a.copy of the summons to the secretary or public officer or other chief officer of the corporation in the country; or
ii. by sending it by post to the secretary, public officer or other chief officer at the last known address of the corporation in the country,
or in any other manner provided by law.
(DCA Within seven days after service, a person who serves a summons shall make an affidavit.
9.23 LIST OF FORMS DISTRICT
COURTS ACT
The form written in bold have sample of the forms attached at the end of the
List of Forms.
Section of Actor Regulation Description Form
Number
Reg., Sec. 10 Register of Decisions 1
Reg., Sec. 12 Suitors' Cash Book 2
Reg., Sec. 13 Security Book 3
Reg., Sec. 14 Instalment Book 4
Reg., Sec. 18 Acknowledgement of money paid into
Court 5
_
Reg., Sees. 30(2), 33 Notice of payment of money into Cour 6
Reg 4(1) Notice of acceptance of money paid into
Court 7
District Courts Act Sec 150,
Regulation Sec 36
Memorandum of Adjournment to Another
Court 8
Act, Sec. 192 Reg., Sec. 37 Application for summons for commitment 9
District Courts Act Sec 196,
Regulation Sec 38
__
Reg., Sec. 39
Certificate of Payment
Security for sum adjudged to be paid
10
11
District Courts Regulation
Sec 41(1) Notice to Principal of Forfeited Security 12
Act, Sec. 182 Reg., Sec. 41 Affidavit in support of application for oral
examination 13
District Court Act Sec 21 Statement of Causes of Complaint in
Civil Cases 14
District Courts Act Complaint 15
District Courts Act Sees 28,
35 Information 16
District Courts Act Sees 41,
42, 44, 47 Summons to a person on Information 17
District Courts Act Sees 41,
42, 44, 47 Summons to a person on Complaint 18
District Courts Act Sees 44,
45,66 Summons to a person to Give Evidence 19
District Courts Act Secs 44,
45, 7l
Summons to a person to produce
Documents 20
District Courts Act Secs 49, Warrant in the First Instance to
21
50 Apprehend a person Charges with an
Indictable Offence or a simple Offence
District Courts Act Sec 54 Endorsement on Warrant where Bail is 22
Allowed
District Courts Act Sees 65, Deposition of Witness 23
94,99
District Courts Act Sec 68 Warrant for Apprehension of A Witness 24 who has not Obeyed a Summons
District Courts Act Sec 69 Warrant for a witness in the First 25
Instance
District Courts Act Sees 75, Recognizance for the Appearance of a 26 89 Defendant, where the Case is Adjourned
or not to be at once Proceeded with
District Courts Act Sees Notice of Recognizance to be Given to the 27
75,89 Defendant and his Surety
District Courts Act Sec 87 Receipt for the Prisoner 28
District Courts Act Warrant to Apprehend Defendant where 29 the Summons is Disobeyed
District Courts Act Sec 96 Statement of Defendant 30
District Courts Act Sees 100, Recognizance of Bail on Committal for 31
105, 106,107 Trial
District Courts Act Sec 103 Recognizance of Bail on Committal for 32
_Sentence
District Courts Act Sec 105 Certificate of Consent to, Bail Endorsed 33
on the Commitment
District Courts Act Sees 106, Certificate of Consent to Bail where not 34
108 given at time of Committal for trial
District Courts Act Sec 109 Warrant of Deliverance on Bail being 35 given for a Prisoner already Committed
District Courts Act Sees 111, Recognizance to give Evidence 36
112
District Courts Act See 112 Notice of Recognizance to be given to 37 _ Witness
District Courts Act Sec 113 Order
to Discharge Witness 38
District Courts Act Sec 114 Order for Detention of Witness for Safe 39
Custody
District Courts Act See 116 Warrant to convey Accused person 40
before a District Court at the place in
which the Offence is Committed
District Courts Act See 151 Order for Payment of Compensation and 41 Costs where Complaint made in the
wrong Court
District Courts Act Sec 157 Default Summons on a Complaint for a 42
Civil Dept
District Courts Act Sec 161 Conviction for a Penalty, and, in default 43
of payment, Imprisonment
District Courts Act Sec 161 Conviction when the Punishment is 44
Imprisonment
41
District Courts Act Sees 161, Summary Conviction for Indictable 45
208 Offence
District Courts Act Sec 161 Order for payment of Money or Costs 46
District Courts Act Sees 161, Conviction for Contempt of Court 47
277
District Courts Act Sees 162 Order of Dismissal of an Information or 48
Complaint
District Courts Act Sec 162 Certificate of Dismissal 49
District Courts Act Sees 162, Certificate of Dismissal on Summary 50
208 Hearing of Indictable Offence
District Courts Act Sees 167, Warrant of Execution on a Conviction for 51 173 a Penalty of a Corporation
District Courts Act Sec 173 Warrant of Execution on an Order for 52
the Payment of Money
District Courts Act Sees 173, Warrant of Execution for Costs on an 53 260 Order for Dismissal of an Information or
a Complaint
Act, Sec. 173 Return to a warrant of execution 54
District Courts Act Sec 178 Summons in Case of Adverse Claims to 55
Goods Distrained
District Courts Act Sec 178 Order in Case of Adverse Claims to 56 Goods Distrained
District Courts Act Sec 181 Attached of Dept-Summons for Order for 57
Oral Examination
District Courts Act Sec 181 Order for Oral Examination 58
District Courts Act Sec 182 Order Exparte for Attachment of Dept 59
Act, Sec. 184 Order for payment by garnishee to person 60
obtaining order where garnishee does not
dispute his liability
Act, Sec. 185 Order where garnishee disputes his liability 61
and issue is ordered
Act, Sec. 187 Order where the garnishee suggests that a 62
third person claims a lien or charge on debt
due from garnishee to debtor
District Courts Act Sec 192 Summons to Debtor 63
Act, Sec. 192 Order for commitment of debtor in default 64
of payment
Act, Sec. 193 Order __
to apprehend debtor
65
A c t , _ _
Sec 209, 210
Information _
to require surely of the peace or 6 6 _
for good behaviour
Act, Sec. 212 Warrant to apprehend a person required to 67 give surety of the peace or for good
behaviour
Act, Sec. 214 68
Recognizance of the peace or for good
behaviour
Act, Sec. 215 Notice of recognizance of the peace or for 69
good behaviour to be given to the defendant
and his sureties
42
243
Act Sec. 216 Warrant to discharge a person committed for 70 want of sureties of the peace or for good behaviour
District Courts Act Sec 220, Notice of Appeal 71 221
District Courts Act Sec Recognizance on Appeal 72 220.221 District Courts Act Sec 226 Entry of Appeal to National Court 73
Certificate Accompany Appeal Papers 73a
9 . 2 4 F O R M S
P A P U A NEW GUINEA.
District Cour ts Act 196 3.
Form 8.
Act, Sec.150.
Reg., Sec. 36.
MEMORANDUM OF ADJOURNMENT TO ANOTHER COURT.
In the District Court at ...
A.B., Complainant.
C.D., Defendant.
Date of complaint ... 20 .
Nature of complaint (state shortly)
The hearing of the complaint of (A.B.)
wherein (C.D.) ... is the defendant, is, by virtue of Section 150 of the District Courts Act now
adjourned by the Court until ... next ...20.. at ... a.m./p.m. to the District Court at ... where the
parties and their respective witnesses are required again to appear.
Dated ... 20 .
Magistrate.
244
PAPUA NEW GUINEA.
District Courts Act 1963. Act, Sec. 196. Reg.,
Sec. 38.
CERTIFICATE OF
PAYMENT.
Form 10.
In the District Court at ...
To the Officer-in-Charge of the corrective institution at ...
Whereas by virtue of a warrant issued out of the District Court at ... and dated ... , 20.. , ... was
committed to your corrective institution to be there kept by you according to the terms of the
warrant. This is to certify that ... has paid the money mentioned in the warrant (or has made
satisfaction, as the case may be), and has paid all subsequent costs, and is now entitled to be
discharged out of custody.
Dated ... 20 .
Clerk of District
Court.
2
4
5
PAPUA NEW GUINEA.
District Courts Act 1963.
Reg., Sec. 41(1). Form 12.
NOTICE TO PRINCIPAL OF FORFEITED SECURITY.
In the District Court at ...
A.B., Complainant.
C.D., Defendant.
Take notice that the sum of K ...due by you as principal under a security entered into by you
with ... as sureties is unpaid and that the security is forfeited and unless the sum be paid to me
on or before ... 20.. , a warrant of execution may issue for the same without further notice.
Dated ... 20 .
To ...
Clerk of District Court.
246
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sec. 21. Form 14.
STATEMENT OF CAUSES OF COMPLAINT IN CIVIL CASES.
For that you assaulted ... by (state nature of assault).
For that certain goods of ... are detained by you.
For that you on ... 20 , at ... , were indebted to ... in the sum of K.. (on balance of
accounts).
For goods then and there bargained and sold to you by ...
For goods then and there sold and delivered to you by ...
For money then and there lent to you by ... and interest.
For money paid by ... for you at your request.
For money received by you for the use of ...
For work and labour then and there done by ... for you at your request.
For the use and hire of chattels (or beasts) then and there let to hire and delivered to you at
your request by ...
For work and labour then and there done and materials for the same then and there
provided by ... for you at your request.
For the use and occupation of certain land (house or apartments) of ... by you at your
request and by the permission of ... then and there held and enjoyed.
For board and lodging then and there provided and supplied by ... for and to you at your
request.
247
For feeding and taking care of horses (sheep or cattle) by ... then and there fed and taken care of for you at your request.
For warehouse room then and there found and provided by ... in and about the storing and keeping of goods and chattels by ... for you at your request.
For the carriage of goods and chattels by ... then and there carried for you at your request.
For the amount of a cheque drawn by you on the Bank of ... dated ... 20.. , or for the amount of a bill of exchange dated ... 20.. , now overdue, and directed by the complainant to you, and requiring you to pay to the complainant K..., ... months after date, which was accepted by you, but was not paid, or for the amount of your promissory note dated ... 20.., payable ... months after date, and interest.
For money due to ... on ... account stated.
For that certain of your cattle (number and description) trespassed on the land of ...
For tax (or money) payable under the provisions of the ... Act to the State (or to ... ) (or as the case may be).
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sec. 28.
COMPLAINT.
Form 15.
The complaint of ………………………………………………. of... ... ... ... ... ... ... ...
... ... ... made
... ... ... .. . ... .., ... ... ... .. 20.... , before the undersigned, a Magistrate of a District Court,
who says that on ... ... ... ... ... ,... ... ... ... ... 20.... , at ... ... ... ... ... ... ... ... ....... (state subject
matter).
Made before me the ... .....day and ... ... ... year first above-mentioned, at ...
Magistrate.
249
PAPUA NEW GUINEA.
District Courts Act 1963.
INFORMATION.
Act, Secs. 28, 35. Form 16.
The information of ... of ... , laid... , 20.. , before the undersigned, a Magistrate of a District
Court, who (on oath) says that on ... ,20.. , at ... (state the offence). Laid/Sworn* before me
the day and year first above-mentioned at ...
*Strike out whichever is inapplicable.
Magistrate.
250
PAPUA NEW GUINEA.
District Courts Act 1963.
Form 17. Act, Secs. 41, 42, 44,47.
SUMMONS TO A PERSON ON INFORMATION.
Informant.
Defendant.
To ... of...
Whereas you have this day been charged by ... of ... , before the undersigned, a Magistrate of
a District Court, that on ... , 20.. , at ... you (state shortly the matter of the information).
These are therefore to command you to appear before the District Court at ... , on ... , 20.. 'at
... a.m./p.m. to answer the information, and to be further dealt with according to law.
Dated ... , 20..
Magistrate.
PROOF OF SERVICE (to be endorsed on summons).
I, ... of ... , ... , make oath and say (or affirm) that I did on ... , 20.. , at ,.. , serve the
within-named defendant with the within summons by delivering a copy of it to him
personally, and at the same time showing him the original summons.
Sworn (or affirmed) before me
at .... ... ... ... ... ... ... ... ... .... Dated,.. ... ... ..../... .../20.....
Commissioner for Oaths.
251
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Secs. 41, 42, 44, 47.
Form 18.
SUMMONS TO A PERSON ON COMPLAINT.
Complainant.
Defendant.
To ... of ...
Whereas a complaint has this day been made before the undersigned, a Magistrate of a District
Court that you (state shortly the matter of the complaint):
These are therefore to command you to appear before the District Court at ... , on ... 20.. at ...
a.m./p.m. to answer the complaint, and to be further dealt with according to law.
The complainant's address for service is ... , at which all notices or documents may be served.
Dated ... 20 .
Magistrate.
PROOF OF SERVICE (to be endorsed on summons).
I, ... of ... , ... , make oath and say (or affirm) that I did on ... 20.., at... , serve the within-
named defendant with the within summons by delivering a copy of it to him personally,
and at the same time showing him the original summons.
Sworn (or affirmed) before me
at .... ... ... ... ... ... ... ... ... Dated ... ... ..../... ... ... /20 ... ....
Commissioner for Oaths.
252
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sees. 44, 45, 66.
Form 19. SUMMONS TO A PERSON TO GIVE EVIDENCE.
Informant (or Complainant).
Defendant.
Date of information (or complaint)... , 20 .
Nature of information (or complaint) (state shortly).
To ... of ...
These are to require you to appear before the District Court at ... , on ... 20.. , at ... a.m./p.m. to
give such evidence as you know concerning the matter of the abovementioned information (or
complaint). (Where documents are required to be produced add and also to bring with you and
produce at the time and place mentioned above for examination at the hearing the
following accounts, papers, books, or other documents, that is to say
or such of them as are in your possession or control.)
Dated .... ..../... ... ..../20... ... ...
Magistrate.
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sees. 44, 45, 71.
Form 20.
SUMMONS TO A PERSON TO PRODUCE DOCUMENTS.
Informant (or Complainant).
Defendant.
Date of information (or complaint) ... , 20 .
Nature of information (or complaint) (state shortly)
These are to require you to appear before the District Court at ... , on ...20.. , at ... a.rn./p.m.
and to bring with you and produce for examination at the hearing of the above-mentioned
information (or complaint) the following accounts, papers, books, or other documents, that
is to say
or such of them as are in your possession or control.
Dated .... ... ..../...... ..../20.....
Magistrate
PAPUA NEW GUINEA.
District Courts Act 1963.
Form 21. Act, Secs. 49. 50.
WARRANT IN THE FIRST INSTANCE TO APPREHEND A PERSON CHARGED WITH
AN INDICTABLE OFFENCE OR A SIMPLE OFFENCE.
To the Officer-in-charge of Police at ... and to all other members of the Police Force.
Whereas an information has this day been laid on oath before the undersigned, a Magistrate of a District Court, that ... on ... 20.. , at ... (state shortly the offence).
These are therefore to command you immediately to apprehend ... and as soon as practicable to bring him before some Magistrate of a District Court, to be dealt with according to law.
Dated ... ... ..../......./20... ... ...
Magistrate.
NOTE:
(For offences committed on the high seas the warrant may be the same as in ordinary cases, but describing the offence to have been committed "on the high seas out of any jurisdiction or place in Papua New Guinea, and within the jurisdiction of the Admiralty of England."
For offences committed abroad for which the parties may be indicted in Papua New Guinea the warrant also may be the same as in ordinary cases, but describing the offence to have been committed "on land out of Papua New Guinea, at ... in the Indian (or Pacific) Ocean" or as the case may be.).
55
PAPUA NEW GUINEA.
District Courts Act 1463.
Act, Sec. 54. Form 22.
ENDORSEMENT ON WARRANT WHERE BAIL IS ALLOWED.
I direct that the defendant be, on arrest, released on his/her* entering into a recognizance
himself/herself* in the sum of K... and surety/sureties* in the sum of K... (each) for his/her*
appearance before the District Court at ... at ... a.m./p.m.* on 20 .
Dated ... ... .../... ... .../ 20 ... ... ..
Magistrate.
*Strike out whichever is inapplicable.
256
257
By the Court.
Taken and sworn (or affirmed) before the Court at ... , on the day and year first above-
mentioned.
C.D. on oath (or affirmation) says as follows (state the deposition of the witness as
nearly as possible in the words he uses; and when his deposition is complete let him sign
it).
The examination of ... of ... taken ... , 20.. , before the District Court at ... in the
presence and hearing of A.B., who is charged this day before the Court that he/she
(describe the offence).
DEPOSITION OF WITNESS.
Act, Secs. 65, 94, 99.
District Courts Act 1963.
Form 23.
PAPUA NEW GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sec. 68. Form 24.
WARRANT FOR APPREHENSION OF A WITNESS WHO HAS
NOT OBEYED A SUMMONS.
In the District Court at
To the Officer-in-charge of Police at ... and to all other members of the Police Force.
Whereas E.F. of ... was duly summoned to appear before the District Court at ... , on ... 20.. , at
... a.m./ p.m.* to testify what he/she* knew concerning a certain information/complaint*
against ... of ... (or/and) to produce documents (and especially
And whereas proof has this day been made on oath that such summons was duly served on
E.F.: And whereas E.F. neglected to appear at the time and place appointed by the summons,
and no just excuse has been offered for such neglect.
These are therefore to command you immediately to apprehend E.F. and bring him/her* before
the Court at ... , to testify what he/she* knows concerning the matter of the
information/complaint* (or/and) to produce the documents mentioned above).
Dated ... .../....../20....
"'Strike out whichever is inapplicable.
By the Court.
258
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sec. 69. Form 259.
WARRANT FOR A WITNESS IN THE FIRST INSTANCE.
To the Officer-in-charge of Police at ... , and to all other members of the Police Force.
Whereas, on ... 20 .., .... at ... , an information (or a complaint) was laid (or made) that
A.$. (as in the summons or warrant), and it being made to appear before me on oath
that E.F. of ... is likely to give material evidence on behalf of the prosecution (or as the
case may be) in the matter, and it is probable that E.F. will not attend to give evidence
without being compelled to do so.
These are therefore to command you immediately to apprehend E.F, and bring
him/her before the District Court at ... to testify what he/she knows concerning the
matter of the information (or complaint).
Dated ... ... ... ./ ... .,. ../20 ... ... ... Magistrate.
59
260
The condition of the within-written recognizance is such that if A.B. charged on the
information of C.D. with (insert briefly nature of charge, such as stealing, assault,
etc.) shall personally appear at ... on ... , 20.., at ... a.m./p.m. before the District
Court sitting at that place, and at every time and place to which, during the course
of the proceedings against A.B., the hearing may be from time to time adjourned
(further) to answer the charge made by C.D. against A.B., then the recognizance to
be void, or else to stand in full force and virtue.
Condition.
Magistrate (or Magistrates).
Taken and acknowledged before me/us the day and year first above-mentioned at
Be it remembered that, on ... ,20.. , A.B. of ... and L.M. of ... personally came before
the undersigned, a Magistrate (or Magistrates) of a District Court and severally
acknowledged themselves to owe to the State the several sums following, that is to
say, A.B. the sum of K..., and L.M. the sum of K..., to be made and levied of their
several goods and chattels, lands, and tenements respectively to the use of the State if
A.B. fails in the condition endorsed.
RECOGNIZANCE FOR THE APPEARANCE OF A DEFENDANT,
WHERE THE CASE IS ADJOURNED OR NOT TO BE AT ONCE PROCEEDED WITH.
Act, Secs. 75, 89. Form 26.
District Courts Act 1963.
PAPUA NEW GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Secs. 75, 89. Form 261.
NOTICE OF RECOGNIZANCE TO BE GIVEN TO THE
DEFENDANT AND HIS SURETY.
Take notice that you, A.B. of ... , are bound in the sum of K.. , and you, L.M. of ... , in the sum
of K.. , that you, A.B., appear personally at ... on ... 20.. , at ... a.m./p.m. before the District
Court sitting at that place, and at every time and place to which, during the course of the
proceedings against you, A.B., the hearing may be from time to time adjourned, to answer
further a certain charge made by C.D., the further hearing of which was adjourned to that time
and place; and unless you appear accordingly, the recognizance entered into by you, A.B., and
L.M. as your surety, will immediately be enforced against you and him.
Dated ... ... ... ../.......,./20.......
Magistrate.
61
262
Officer-in-charge of the Correctional Institution at ... ... ... ... ... ... ... ... ... ....
Dated ... ... ... ../......../20..........
I certify that I have received from ... a member of the Police Force, the body of A.B. in good
health (or as the case may be), together with a warrant of commitment under the hand of ..., a
Magistrate of a District Court.
RECEIPT FOR THE PRISONER.
Act, Sec. 87.
Form 28.
District Courts Act 1963.
PAPUA NEW GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Act.Secs. 93, 125.
Form 29.
WARRANT TO APPREHEND DEFENDANT WHERE THE
SUMMONS IS DISOBEYED.
In the District Court at ...
To the Officer-in-charge of Police at ... and to all other members of the Police Force.
Whereas, on ... 20.. , andnformation was laid that A.B. (as in the summons) and a summons
was then issued to A.B. commanding him/her to appear at ... on ... 20.. , at ... a.m./p.m. before
the Court, to answer the information.
And whereas A.B. did not appear at the time and place appointed by the summons, and it has
been proved on oath that the summons was duly served on A.B. a reasonable time before the
time appointed in the summons for appearing to it.
And whereas oath has been made before the Court substantiating the matter of the
information to its satisfaction.
These are therefore to command you immediately to apprehend A.B. and to bring
him/her before the Court to answer the information, and to be further dealt with
according to law.
Dated ... ... .../........../20.......
By the Court
263
PAPUA NEW GUINEA.
District Courts Act 1963.
Form 264.
STATEMENT OF DEFENDANT.
Act, Sec. 96.
... of ... stands charged before the District Court at ... , for that on ... 20.. , he/she (as
in the caption of the depositions).
And the charge having been read to the defendant and its nature explained in ordinary
language, and the witnesses for the prosecution having been severally examined in
his/her presence, the defendant's now addressed by the Court as follows: "Having heard
the evidence for the prosecution do you wish to be sworn and give evidence on your own
behalf, or do you desire to say anything in answer to the charge? You are not obliged to
be sworn and give evidence, nor are you required to say anything, unless you desire to do
so; but whatever evidence you may give on oath, or anything you may say, will be taken
down in writing, and may be given in evidence on your trial. You are. clearly to
understand', that you have nothing to hope from any promise of favour, and nothing to
fear from any threat, which may have been held out to you to induce you to make any
admission or confession of your guilt; but whatever you now say may be given' in
evidence on your trial, notwithstanding any such promise or threat.".
Whereupon the defendant said: (state whatever the defendant may say, and in his very
words as nearly as possible; get him to sign it if he will.)
Dated ... ... .../.......'/20.......
By the Court
264
65
The condition of the recognizance is such that if A.B., who was this day charged before the District Court at ... that (state charge) shall personally appear at the Criminal Sittings of the National Court to be held at ... on ...20.. , or, if a copy of a charge has been delivered to A.B., at the place and time notified in the notice endorsed on the charge, and surrender himself/herself into the custody of the officer-in-charge of the Correctional Institution, there, and plead to such indictment as may be filed against him/her in respect of the charge and take his/her trial on the indictment, and not depart from the National Court without leave, then the recognizance to be void, or else to stand in full force and virtue
Condition.
Magistrate (or Magistrates).
Taken and acknowledged before me/us the day and year first above-mentioned, at ...
Be it remembered that, do ... 20.., A.B. of ... , and L.M. of ... personally came before the undersigned, a Magistrate (or Magistrates) of a District Court, and severally acknowledged themselves to owe to the State the several sums following, that is to say, A.B. the sum of K.. , and L.M. the sum of K.. , to be made and levied of their several goods and chattels, lands, and tenements respectively to the use of the State if A.B. fails in the condition endorsed.
RECOGNIZANCE OF BAIL ON COMMITTAL FOR TRIAL.
Act, Sees. 100, 105, 106; 107. Form 265.
District Courts Act 1963.
PAPUA NEW GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sec. 103.
Form 266.
RECOGNIZANCE OF BAIL ON COMMITTAL FOR SENTENCE.
Be it remembered that, on ...20.. , A.B. of... , and L.M. of ... personally came before the
undersigned, a Magistrate (or Magistrates) of a District Court, and severally acknowledged
themselves to owe to the State the several sums following; that is to say, A.B. the sum of K.. , and
L.M. the sum of K.. , to be made and levied of their several goods and chattels, lands, and
tenements respectively to the use of the State if A.B. fails in the condition endorsed.
Taken and acknowledged before me/us the day and year first above-mentioned, at
Magistrate (or Magistrates).
Condition.
The condition of the recognizance is such that if A.B., who was this day charged
before the District Court at ... that (state charge) shall personally appear at the
Criminal Sittings of the National Court to be held at ... on ... 20.. , or, if a copy of a
charge has been delivered to A.B., at the place and time notified in the notice
endorsed on the charge, and surrender himself/herself into the custody of the officer-
in-charge of the Correctional Institution there, and appear for sentence before the
National Court, and not depart from the National Court without leave, then the
recognizance to be void, or else to stand in full force and virtue.
266
267
'"Strike out whichever is inapplicable.
By the Court.
Dated ... 20 .
This is to certify that the District Court at ... consents to A.B. being bailed by recognizance
himself/herself'` in the sum of K... and surety/sureties" in the sum of K.. (each).
CERTIFICATE OF CONSENT TO BAIL ENDORSED ON THE
COMMITMENT.
Act, Sec. 105. Form 33.
District Courts Act 1963.
PAPUA NEW GUINEA.
268
*Strike out whichever is inapplicable.
Dated ... , 20 .
Magistrate (or Magistrates).
This is to certify that I/we the Magistrate/Magistrates* constituting the Court, consent to
A.B. being bailed by recognizance, himself/herself* in the sum of K.. and surety/sureties*
in the sum of K.. (each).
Whereas A.B. was, on ,.. 20.. , committed by the District Court at ... to the Corrective
Institution at ... charged with (name the offence shortly).
CERTIFICATE OF CONSENT TO BAIL WHERE NOT GIVEN AT TIME OF COMMITTAL FOR TRIAL.
Act, Secs. 106, 108. Form 34.
District Courts Act 1963.
PAPUA NEW GUINEA.
These are therefore to command you that if A.B. is now in your custody for that cause and
for no other, you immediately suffer him/her to go at large.
Dated ...20 .
Magistrate.
269
Whereas A.B., late of ... , has, before the undersigned, a Magistrate of a District Court, entered
into his/her own recognizance and found sufficient sureties for his/her appearance before the,
National Court, to answer a charge that (as in the commitment) for which he/she was
committed to your correctional institution.
To the Officer-in-charge of the Correctional Institution at ...
WARRANT OF DELIVERANCE ON BAIL BEING GIVEN FOR A PRISONER ALREADY
COMMITTED.
Act, Sec. 109.
District Courts Act 1963.
PAPUA NEW GUINEA.
Form 269.
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Secs. 111, 112.
RECOGNIZANCE TO GIVE EVIDENCE.
Form 270.
Be it remembered that ion ... 20.., C.D. of ... personally came before the District Court at ... and acknowledged himself/herself to owe to the State the sum of K.. to be made and levied of his/her goods and chattels, lands, and tenements to the use of the State if C.D. fails in the condition endorsed.
Taken and acknowledged before the Court the day and year first above-mentioned at
By the Court.
Condition.
The condition of the recognizance is such that whereas A.B. was this day charged before the District Court at ... for that (as in the caption of the depositions). If therefore C.D. shall appear at the next Criminal Sittings of the National Court, to be held at ... on ... 20.. , and there give evidence on an indictment to be then preferred against A.B. for the offence mentioned above, then the recognizance to be void, or else to stand in full force and virtue.
271
Magistrate.
Dated ... ... ..../......../20.......
Take notice that you, CID. of ... are bound in the sum of K... to appear at the next Criminal
Sittings of the National Court, to be held at ... on ... 20.. , and then and there to give evidence
against A.B., and unless you then appear and give evidence accordingly the recognizance
entered into by you will immediately be enforced against you.
NOTICE OF RECOGNIZANCE TO BE GIVEN TO WITNESSES.
Act, Sec. 112.
Form 271.
District Courts Act 1963.
PAPUA NEW GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sec. 113.
Form 272.
ORDER TO DISCHARGE WITNESS.
To the Off Officer in charge of the Correctional Institution at ...
Whereas by a warrant dated ... 20.. , under the hand of the District Court at ... reciting
that on the hearing of a (charge against A.B. for an offence mentioned in the warrant,
E.F., having been examined as a witness, refused to enter into a recognizance to give
evidence against A.B., the Court committed E.F. to your custody.
And whereas A.B. has pot been committed for trial or held to bail for the offence (or the duly appointed officer has declined to lay a charge against A.B. for the offence).
These are therefore to command you to discharge E.F. out of your custody and suffer
him/her to go at large as to the commitment.
Dated ... 20 .
Magistrate.
72
Dated ... ... ..../........i/20......
By the Court.
273
And whereas in the therefore of the Court it is desirable that E.F. should be kept in safe custody.
These are the to command you to detain E.F. in your custody, so to keep him/her until after the
(trial of A.B. for the offence mentioned above.
Whereas A.B. of ... was on ... 20.. , charged before the District Court at ... that (as in the
summons or warrant), and E.F. of ... , was examined as a witness touching the premises.
To ... , a member of the Police Force (or To the Officer-in-charge of ... (describe place of
security)).
In the District Court at ...
ORDER FOR DETENTION OF WITNESS FOR SAFE CUSTODY.
Act, Sec. 114. Form 273.
District Courts Act 1963.
PAPUA NEW GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sec. 116. Form 274.
WARRANT TO CONVEY ACCUSED PERSON BEFORE A DISTRICT COURT AT THE
PLACE IN WHICH THE OFFENCE IS COMMITTED.
In the District Court at ...
To the Officer-in-charge of Police at ... , and to all other members of the Police Force.
Whereas A B of ... , has this day been charged before the District Court at ... , that (as in the summons or warrant).
And whereas the Court has taken the deposition of C.D., a witness examined by the Court for this purpose but the Court is informed that the principal witnesses to prove the offence against A.B reside at ... where the offence is alleged to have been committed.
These are therefore to 'command you immediately to convey A.B. to ... and take him/her before some District Court in or near the place where the offence is alleged to have been committed, to answer further the information before the Court.
Dated ... ... ... ../... ... . .../20........
By the Court.
74
275
By the Court.
Dated ... ... ... ../....!,. ..../20.......
Be it remembered that at A.B. has now here vexatiously and oppressively brought C.D.
before this Court to answer a certain complaint of A.B. there now being a place at which
a District Court is held more easy of access than this place, not only from the place of
abode of C.D. but also from the place where the subject-matter of the complaint arose,
and now at this day it is adjudged (conclude as in ordinary cases).
Nature of complaint state shortly).
Date of complaint: ..a 20 .
C.D., Defendant.
A.B., Complainant.
In the District Court at ...
ORDER FOR PAYMENT OF COMPENSATION AND COSTS WHERE COMPLAINT MADE IN THE WRONG COURT.
Act, Sec. 151. Form 275
District Courts Act 1963.
PAPUA NEW GUINEA.
76
Magistrate (or Clerk of the District Court).
Dated ... ... ..../... ..,' ... /20 ... ... ... ...
The complainant's lawyer is ... , whose address is ... , to which, or at which, all notices may be posted or left.
The complainant's address service is ... to which, or at which, all notices may be posted or left.
If in manner and within the time mentioned above the notices are so left or posted, you are then required to appear on ... 20.. , at ... a.m./p.m. at the District Court at ... , to answer to the complaint and to be further dealt with according to law.
You are warned that unless you or your lawyer give notice (the form of which is attached-
such notice to be filled in, dated, and signed by you or your lawyer) of your intention to
defend this complaint, by leaving or causing to be left such notice at least 48 hours before ...
a. m./p.m on ... 20.. , for the complainant al his address set out below (or with the
complainant's lawyer at his address set out below), and also for the Clerk of the District Court
at ... , or by posting such notice to the complainant at his address set out below (or to the
complainant's lawyer at his address set out below), and also to the Clerk of the District Court
at ... , the proper postage rate being prepaid, in time to reach the complainant (or his lawyer),
and also the Clerk respectively in due course of post at least 48 hours before,' the hour, day,
and time above-mentioned you will not be allowed on the hearing of this complaint to make
any defence to the complainant's claim unless by permission of the lCourt, and the
complainant need not attend the Court or prove his claim, and an order in his favour may be
made against you by the Court.
Whereas a complaint as this day been made to a Magistrate of a District Court (or the
Clerk of the District complaint as at ... for that you were indebted to the
complainant in the sum of K.. , particulars of which are annexed.
To ... of... , defendant.
Defendant.
Complainant.
In the District Court at ...
DEFAULT SUMMONS ON A COMPLAINT FOR A CIVIL DEBT.
Act, Sec. 157. Form 276.
District Courts Act 1963.
PAPUA NEW GUINEA.
PROOF OF SERVICE (to be endorsed on default summons).
f, ... of ... , ... , make oath and say (or affirm) that I did on ... 20.. , at ... a.m./p.m.
serve the within named defandant with the within default summons by delivering to
him personally a true copy of it with true copies of the two notices of intention to
defend attached, and at the sme time showing him the original default summons with
the two notices of intention to'! defend attached to it.
Sworn (or affirmed) before me
At
Dated ... ... ..../... ... i... /20 ...
... ..
Commissioner for Oaths.
277
Notice of intention to defend.
(To be sent to the complainant, filled in, dated and signed by the defendant or his
lawyer)
In the District Court at
Complainant.
Defendant.
Take notice that I intend (or the defendant intends) to defend this complaint.
Dated ... 20 .
(Signature of Defendant or his Lawyer.)
To ... the complainant
(or To Complainant's Lawyer).
278
Notice of intention to defend.
(To be sent to the Clerk of the District Court, filled in, dated, and signed by the defendant or his lawyer.)
In the District Court at ...
Complainant.
Defendant.
Take notice that I intend (or the defendant intends) to defend this complaint.
Dated ... ... ... ./ ... ... ... /20 ... ... ... .
l (Signature of Defendant or his Lawyer.)
To the Clerk of the District Court at
279
By the Court.
Dated ... ... ... ../... ... /20 ....
280
Be it remembered that on ... 20.. , at ... C.D. of ..., is convicted before the District Court at ... ,
that C.D. (state he offence and the time and place when and where it was committed), and this
Court adjudges C.D. for his/her offence to forfeit and pay the sum of K.. , to be paid and applied
according to law, and also to pay A.B. the sum of K.. for his/her costs, and if th amount
of the several sums is not paid immediately (or as in conviction) this Court adjudges C.D. to be
imprisoned in the Correctional Institution at ... (and there to be ke to labour) for the space of ... ,
unless the amount is sooner paid.
C.D., Defendant.
A.B., Informant.
In the District Court at ...
CONVICTION FOR A PENALTY, AND, IN DEFAULT OF
PAYMENT, IMPRISONMENT.
Act, Sec. 161 . Form 43.
District Courts Act 1963.
PAPUA NEW GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sec. 161.
CONVICTION WHEN THE PUNISHMENT IS IMPRISONMENT.
Form 281.
In the District Court at
A.B. Informant.
C.D. Defendant.
Be it remembered that, on ... 20.. , at ... C.D. of ... is convicted before the District Court at ...
that C.D. (state th offence and the time and place when and where it was committed)
and this Curt adjudges C.D. for his/her offence to be imprisoned in the Correctional Institution
at ... (and there kept to labour) for the space of ... ; and this Court also adjudges C. D. to pay
A.B. the sum of K... for his/her costs, and if the amount be not paid immediately (or on or
before ... 20..) then C.D. to be imprisoned in the correctional institution, (and there kept to
labour) for the space of ... , to commence at and from the termination of his/her imprisonment
above-mentioned, unless the amount is sooner paid.
PAPUA NEW GUINEA.
District Courts Act 1963.
Form 282.
SUMMARY CONVICTION FOR INDICTABLE OFFENCE.
Act, Sees. 161, 208.
In the District Court at ...
Be it remembered that, on ... 20.. , at ... , A.B., being charged before the District Court at ... ,
that A.B. (state the offence and the time and place when and where it was committed) and
(state the grounds on which the offence is tried summarily), A.B. is therefore convicted before
the Court of the offence, and A.B. is adjudged for his/her offence to be imprisoned in the
Correctional Institution at ... (there to be kept at labour) for the term of ...
PAPUA NEW GUINEA.
District Courts Act 1963.
Form 283. Act, Sec. 161.
ORDER FOR PAYMENT OF MONEY OR COSTS.
In the District Court at ...
A.B., Complainant.
C.D. Defendant.
Date of complaint ... , 20 .
Nature of complaint (state shortly).
The parties above-named having appeared (or A.B. having appeared but C.D. although duly called not having appeared by himself/herself or his/her lawyer) and it now being satisfactorily proved on oath that C.D. has been duly served with a summons for that purpose (or that an order for notice in substitution for service of a summons for that purpose has been made and complied with) which required him/her to be and appear here on this day before the Court to answer to the complaint and to be further dealt with according to law and now having heard the matter of the complaint it is adjudged that C.D. pay to A.B. the sum of K.. immediately (or on or before ... 20.. , or as ordered) and also pay to A.B. the sum of K.. for his/her costs.
Dated ... ... ... ../........./20.......
By the Court.
83
84
By the Court.
Dated ... ... ... ../........./20.......
Be it remembered that, on ... 20.. , at ... A.B. of ... is convicted by the Court for that
A.B. (insert willfully interrupted the proceedings of the Court or conducted
himself f/herself disrespectfully to the Court during the sittings of the Court or
obstructed or assaulted C.D. a person in attendance or an officer of the Court in view
of the court or wilfully disobeyed an order made by the Court to go and remain outside
and beyond the hearing of the Court until required to give evidence or wilfully
prevaricated in giving evidence) and this Court adjudges A.B. for his/her offence to
forfeit and pay the sum of IC.: , to be paid and applied according to law and if the sum
is not paid immediately (or on or before ... M.) this Court adjudges A.B. to be
imprisoned in the correctional institution at ... (and there kept to labour) for the space
of ... , unless the sum is sooner paid.
In the District Court at ...
CONVICTION FOR CONTEMPT OF COURT.
Act, Sees. 161, 277. Form 284.
District Courts Act 1963.
PAPUA NEW GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Form 285. Act, Sec. 162.
ORDER OF DISMISSAL OF AN INFORMATION OR
COMPLAINT.
In the District Court at ...
A.B., Informant (or Complainant).
C.D. Defendant.
Date of information (or complaint) ... , 20 .
Nature of information (or complaint) (state shortly).
Be it remembered that, on ... 20.. , the above-mentioned information/complaint* was laid/made* before the Court for that (as in the summons to the defendant): Now on this day, ... 20.. , at both the parties having appeared in order that the info rmation/complaint* should be heard and determined (or C.D. having appeared before the Court, but A.B., although duly called, not having appeared), whereupon the matter of the information/complaint* being duly considered it appears to this Court that the information/complaint* is not proved, the information/complaint* is dismissed and it is adjudged that A.B. pay to C.D. the sum of K... for his/her* costs incurred by him/her* in his/her* defence.
Dated ... ... ... ../........./20.......
By the Court.
`Strike out whichever is inapplicable.
85
86
By the Court, Magistrate or Clerk of the District Court at
Dated ... ... ... ../........./20.......
This is to certify that, on ... 20.. , an information (or complaint or claim by way of set-
off) preferred by A.B. of ... , against C.D. of ... , for that (as in the summons or notice
of sel-off) was this day considered by the District Court at ... and was dismissed (with
costs).
C.D., Defendant.
A.B., Informant (or Complainant).
CERTIFICATE OF DISMISSAL.
Act, Sec. 162. Form 49.
District Courts Act 1963.
PAPUA NEW GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Secs. 162, 208.
CERTIFICATE OF DISMISSAL ON SUMMARY HEARING OF INDICTABLE OFFENCE.
Form 287.
This is to certify that, on ... 20.. , at ... , before the District Court at ... , that A.B. (slate the offence charged, the time and place when and where it was committed), and (state the grounds on which the offence was tried summarily), the information was dismissed.
Dated ... ... ... ../........./20.......
By the Court, Magistrate or Clerk of the District Court at
87
88
Amount adjudged K
Paid K
Remaining due K
Cost of issuing this warrant K
Amount to be levied K
Magistrate.
Dated ... ... ... ../........./20.......
These are therefore to command you immediately to take the goods and chattels of A.B., except the tools and implements of the defendant's trade, the whole not exceeding in value the sum of K200.00, and, if within the space of ... days after taking them the sum stated at the foot of this warrant together with the reasonable costs and charges of taking and keeping the goods and chattels is not paid, that then you sell the goods and chattels and pay the money arising from such sale to the Clerk of the District Court at ... and if no goods and chattels can be found, that you so certify to me.
And whereas A.B. has made default in payment.
Whereas A.B. (describe the corporation) was, on ... 20.. , at ... , convicted before the District Court for that (as in the conviction), and it was adjudged that A.B. should for such offence forfeit and pay (as in the conviction), (and also should pay to C.D. the sum of K.. for costs).
To the Officer-in-charge of Police at ... , and to all other members of the Police Force.
WARRANT OF EXECUTION ON A CONVICTION FOR A PENALTY OF A CORPORATION.
Act, Sees. 167, 173. Form 288.
District Courts Act 1963.
PAPUA NEW
GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Form 289. Act, Sec. 173.
WARRANT OF EXECUTION ON AN ORDER FOR THE PAYMENT OF MONEY.
To the Officer-in-charge of Police at ... , and to all other members of the Police Force.
Whereas, on ... 20.. , at ... on the hearing of a complaint made by C.D., of ... , against A.B., of... , the District Court at... adjudged that A.B. should pay to C.D. the sum of K... on or before ... 20.. (or as the case may be), and also should pay to C.D. the sum of K.. for costs.
And whereas A.B. has made default in payment.
These are therefore to command you immediately to take the goods and chattels of A.B., except the wearing apparel and bedding of the defendant and his/her family, and the tools and implements of the defendant's trade, the whole not exceeding in value the sum of K200.00, and, if within the space of ... days after taking them the sum stated at the foot of this warrant together with the reasonable costs and charges of taking and keeping the goods and chattels is not paid, that then you sell the goods and chattels and pay the money arising from the sale to the Clerk of the Court; and, if no goods and chattels can be found, that you so certify to me.
Dated ... ... ... ../........./20.......
adjudged K
Paid K
Remaining due K
Cost of issuing this warrant K
Amount to be levied K
Magistrate.
89
90
Amount adjudged K
Paid K
Remaining due K
Cost of issuing this warrant K
Amount to be levied K
'"Strike out whichever is inapplicable.
Dated ... ... ... ../........./20....... Magistrate.
These are therefore to command you immediately to take the goods and chattels of
C.D., except the wearing apparel and bedding of C.D. and his/her* family, an the tools
and implements of his/her* trade, the whole not exceeding in value the sum of K200.00,
and, if within the space of ... days after taking them the sum stated at the foot of this
warrant together with the reasonable costs and charges of taking and keeping the goods
and chattels is not paid, that then you sell the goods and chattels and pay the money
arising from the sale to the Clerk of the Court; and, if no goods and chattels can be
found, that you so certify to me.
And whereas C.D. has made default in payment.
Whereas, on ... 20.. , at... , on the hearing of an information laid (or a complaint made)
by C.D. of ... , against A.B., of ... , before the District Court at ... , the Court dismissed
the information/complaint" and adjudged that C.D. should pay to A.B. the sum of K...
for costs.
To the Officer-in-charge of Police at ... , and to all other members of the Police Force.
WARRANT OF EXECUTION FOR COSTS ON AN ORDER FOR
DISMISSAL OF AN INFORMATION OR A COMPLAINT.
Act, Secs. 173, 260. Form 290.
District Courts Act 1963.
PAPUA NEW GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sec. 178. Form 55.
SUMMONS IN CASE OF ADVERSE CLAIMS TO GOODS
DISTRAINED.
A.B., Complainant.
C.D., Defendant.
G.H., Applicant.
E.F., Claimant.
To A.B. of..., and E.F. of ...
Whereas application has this day been made by G.H. to the undersigned, a Magistrate of a District Court, for that by a warrant under the hand of ... , a Magistrate of a District Court, dated ... 20.. , and directed to ... the members of the Police Force were commanded immediately to levy execution against the goods and chattels of C.D., and that G.H., a member of the Police Force, had under the warrant seized certain goods and chattels, namely ... , as and for the goods and chattels of C.D., and that you, E.F., have claimed them as your property.
These are therefore to command you, E.F. and A.B. to be and appear before the District Court at ... on ... 20.. , at ... a.m./p.m. in order that it may adjudicate on the clairn and make an order on the claim according to law.
Dated ... ... ... ../...... ... /20 .......
Magistrate.
91
92
By the Court.
Dated ... ... ... ../........./20.......
And it is also adjudged that E.F. (or A.B.) do pay A.B. (or E.F.), immediately (or on or
before ... 20.. ), the sum of K... for his costs
the goods and chattels were (not) at the time of the seizure the property of E.F. part of the goods and chattels that is (one chair, etc.) were at the time of the seizure the property of E.F. but that the residue of the goods and chattels was not his property.
Be it remembered that on ... 20.. , application was made by G.H. to a Magistrate of a District Court, for that by a warrant under the hand of ... , a Magistrate of a District Court, dated ... 20.. , and directed to ... , the members of the Police Force were commanded immediately to levy execution against the goods and chattels of C.D., and that G.H., a member of the Police Force, had under the warrant seized certain goods and chattels, namely ... , as and for the goods and chattels of C.D., and that E.F. had claimed them as his property and now at this day E.F. and A.B. the party who obtained the warrant appear before the Court (if both do not appear, state the non-appearance and service of the summons) and now having heard the matter of the application, it is adjudged that (state the adjudication in one of the following forms or to the like effect):
In the District Court at ...
A.B., Complainant. C.D.,
Defendant.
G.H.,
Applicant. E.F.,
Claimant.
ORDER IN CASE OF ADVERSE CLAIMS TO GOODS DISTRAINED.
Act, Sec. 178. Form 292.
District Courts Act 1963.
PAPUA NEW GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sec. 18 L. Form 293.
ATTACHMENT OF DEBT-SUMMONS FOR ORDER FOR ORAL EXAMINATION.
A.B., Complainant (or Informant).
C.D., Defendant.
Date of complaint (or information) ... 20 .
Nature of complaint (or information) (state shortly).
To C. D.
You are commanded to appear before the District Court (or, a Magistrate of a District Court) at ... on ... 20.. , at ... a.m./p.m.* on the hearing of an application on the part of A.B. that you attend and be orally examined before the District Court at ... as to whether any and what debts are owing to you and as to any and what other property or means of satisfying the order made on the complaint/information* you may have and that you produce your books of account, papers, and documents in any way relating to the debts, property, or means before the Court at the time of the examination.
Dated ... ... ... ../........./20........
'"Strike out whichever is inapplicable.
Magistrate.
93
94
*Strike out whichever is inapplicable.
By the Court.
Dated ... ... ... ../........./20.......
On hearing ... , it is ordered that C.D. attend and be orally examined before (lie District Court at ... on ... 20.. , at ... a.m./p.m.* as to whether any and what debts are owing to him/her" and as to any and what other property or means of satisfying the order made on the complaint/information* he/she" may have and that C.D. produce (as ordered) before the Court al the time of the examination and that the costs of (his application be K...
Nature of complaint (or information) (state shortly).
Date of complaint (or information) ... 20 .
C.D., Defendant.
A.B., Complainant (or Informant).
In the District Court at ...
ORDER FOR ORAL EXAMINATION.
Act, Sec. 1.81. Form 58.
District Courts Act 1963.
PAPUA NEW GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Form 295. Act, Sec. 182.
ORDER EX PARTE FOR ATTACHMENT OF DEBT.
In the District Court at ...
A.B., Complainant (or Informant).
C.D., Defendant.
Date of complaint (or information) ... 20 .
Nature of complaint (or information) (state shortly).
M.P., Garnishee.
On hearing ... and on reading the affidavit of ... filed on ... 20 .
It is ordered that all debts owing or accruing due from the garnishee to C.D., be
attached to answer this order for the sum of K... on which the sum of K... remains
due and unpaid:
It is further ordered that the garnishee attend before the District Court at ... on ... 20..,
at ... a.m./p.m. on an application of A.B. that the garnishee pay to A.B. the debt due
from him/her to C.D. or so much of the debt as may be sufficient to satisfy this order.
And that the costs of this application be K... (if any order for special service is
made add and it is further ordered that service of this order may be made by (as
directed by the Magistrate or Court)).
Dated ... ... ... ../........./20.......
By the Court (or Magistrate).
95
296
Clerk of the District Court at ...
Dated ... ... ... ../........./20.......
These are therefore to command you to appear personally before the District Court at ... on ... 20.. , at ... a.m./p.m. to be examined by the Court touching your estate and effects and as to the property and means you have or have had of paying and discharging the sum(s) and as to the disposal you have made of your property and as to your intention to leave the country without paying the sum(s) or to depart elsewhere within the country with intent to evade payment and as to the mode in which you incurred the liability (and as to your neglect or refusal to comply with an order for the delivery of goods detained without just cause after due notice and to pay the value of the goods to the complainant).
Whereas the District Court at ... , on ... 20.. , ordered that you should pay to C.D. the sum of K... and costs which by the order were fixed at the sum of K... (or the sum of K... for costs) and the sums(s) (or K... part of etc., as the case may be) are still wholly due and unpaid.
To A.B., of ...
Act, Sec. 192.
SUMMONS TO DEBTOR.
Form 63.
District Courts Act 1963.
PAPUA NEW GUINEA.
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sees. 220, 221.
NOTICE OF APPEAL.
Form 71.
In the District Court at ...
A.B., Informant (or Complainant).
C.D., Defendant.
To A.B., (or C.D.) of ... and to E.F., the Clerk of the District Court.
1, the defendant (or informant or complainant), give notice that it is my intention to appeal against a conviction (or order or adjudication) made by the District Court, whereby the Court (set out the conviction, order, or adjudication).
And take notice that the grounds of such appeal are:-
PAPUA NEW GUINEA.
District Courts Act 1963.
Act, Sees. 220, 222.
RECOGNIZANCE ON APPEAL.
Form 72.
Be it remembered that, on ... 211.. , A.B. of... , and L.M. of ..., personally came before the undersigned, a Magistrate (or Magistrates) of a District Court, and severally acknowledged themselves to owe to the State the several sums following, ... that is to say, A.B. the sum of K.. , and L.M. the sum of K.. , to be made and levied of their several goods and chattels, lands, and tenements respectively to the use of the State if A.B. fails in the condition endorsed.
Taken and acknowledged before me/us the day and year first above-mentioned at
Condition.
Magistrate (or Magistrates).
The condition of the recognizance is such that whereas on ... 20.., an information was laid (or a complaint made) by ... of ... against A.B. of ...
And whereas the information (or complaint) was heard by the District Court at ... on ... 20.. , and the Court (set out conviction, order, or adjudication):
And whereas A.B. has given notice of his/her intention to appeal from the conviction (or order or adjudictnion) to the National Court.
If therefore A.B. shall duly prosecute without delay such appeal and abide the order of the National Court on the appeal, and pay such costs as may be awarded by the National Court, then the recognizance to be void, or else to stand in full force and virtue.
298
299
(Signature of Appellant or his Lawyer.)
Dated ... ... ... ../........./20.......
I request that the appeal be set down for hearing before the National Court on ... 20..
The cause or matter of the appeal is a conviction (or order or adjudication) of ...
The name of the respondent is ...
The name of the appellant is ...
To the Registrar of the National Court.
ENTRY OF APPEAL TO NATIONAL COURT.
Act, Sec. 226.
PAPUA NEW GUINEA.
District Courts Act 1963.
Form 73.
Papua New Guinea
CERTIFICATE ACCOMPANY APPEAL PAPERS
In the District/Local Court
At
BETWEEN ................................................
Appealant
AND ... ... ... .. ... ... ... ... ... ... ... ... ... .... Respondent
I,... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ., being the person in charge of the Records
at the District/Local Court at ... ... ... ... ... ... ... ... ... ... do hereby certify that on the
... ... ... ... day of ... ... ... ... ... ... ... ... ...20..... received a notice/Advice of Appeal, such
Appeal being made by .... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... against an order
of the District/Local Court at ... ... ... ... ... ... ... ... ... ... ... in Papua New Guinea on
the... .....day of ... ... ... ... ... ... ... .20 ... ... whereby...... ... ... ... ...
... ... ... ... ... ... ....was convicted of an offence
against Section/Regulation... ... ... ... ... ....of
the ... ... .. ... ... ....and ordered to be ... ... ... ... (sentence of the District
Court) ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
... .
AND I DO CERTIFY that... (appealant).... ........ ............ ....... ... ....... .....has lodged
.
the . sum of ... ... (amount lodged)..., ... ... ... ... ... ... ... ... ... in cash being the amount
set by the District Court to be lodged in respect of the prosecution of the Appeal.
AND I DO FURTHER CERTIFY that the following pages constitute a true copy of
the information, Depositions and all other proceedings and documents before the
Court relating to the order.
Dated at ... ... ... ... ... ... ... ... ... ... ... ... the ... ... ... ... ... ... day of ... ... ... ... ... ... ..20 ... ...
.
Officer in Charge of Records
CHAPTER 10.0 JUVENILE COURT
10.1 JURISDICTION Or THE JUVENILE COURT
Section 2 Juvenile Courts Act 1991
"juvenile" means a person aged not less than seven years and less than 18
years; Section 3 Juvenile Courts Act 1991
1) "Where a person apparently under the age of 18 years is arrested or detained and there is
doubt or dispute as to the age of the person, the age shall, subject to Subsection (2) and
in the absence of evidence to the contrary be as determined by a Juvenile Court Officer.
2) Where in any proceedings under this Act, there is doubt or dispute as to the
age of the defendant, the age shall, in the absence of evidence to the
contrary, be as determined by the Court.
3) In making a determination of age under this section, regard shall be had to
a) the development, maturity and conduct of the juvenile; and
b) any other information that may be
available". Note: Also see Juvenile Court Act Protocol for
Magistrates Section 15 Juvenile Courts Act
A Juvenile Court has jurisdiction in the area for which it is established under Section 5,
in respect of a juvenile
1) to hear and determine summarily all offences otherwise trialable in a
District Court or Local Court; and
where the juvenile is charged with an indictable offence other than homicide, rape
or other offence punishable by death or imprisonment for life, to hear and determine
the charge summarily in accordance with the provisions of this Act.
10.2 LIMITATION ON JURISDICTION
Section 16 Juvenile Courts Act
1) Subject to Section 45, a Juvenile Court has no jurisdiction in respect of
proceedings against a person aged 18 years or upwards.
l ) Where in any proceedings under this Act, a Court determines that at the time
a person is alleged to have committed an offence, that person
(a) has attained the age of 18 years, the Court shall transfer the proceedings
to a District Court or a Local Court, as the case requires; or
(b) is an infant, the Court shall discharge him.
302
10.3 JUVENILE COURT INSTRUCTIONS
Box No Instructions
1. Fresh informations are received from the Police Prosecutors over the counter. 2.
Registry clerks allocate the Court number using the Alphabetical Index and enter
case details into the Index. The details to be entered are
• Case
Number •
Surname
• Given Name
• Date(s) of Hearing
Clerks enter details into Daily Dairy
are • Case Number
• Surname
• Given Name
• Type of matter
• Length of Hearing
Clerks attach worksheets and enter the following details onto
worksheets: • Case Number
• Name of
Defendant • Charge
• Name of Magistrate
• Name of Remand centre (if applicable)
• Name of police prosecutor
• Name of Probation officer.
Registry Clerk file information under date of hearing
order. 3. Registry Clerk hands file to presiding Magistrate.
Magistrate hears matter.
Registry Clerks enters all details into Court Register (including
adjourned cases) and enters details of any Follow-up work as a result of the
Court hearing in the remarks column of the Court Registrar (i.e. issuing
warrants, converting bail to fines).
4. Magistrate may adjourn the case to a future date with the details of
such matters entered into the Daily Dairy and Alphabetical Index.
As a result of the Court adjourning cases, the Registry Clerk may be
required to complete pre-sentence report requests and remand warrants if
the accused person is in custody.
303
5. If the accused person is found guilty the following steps are
taken: Probation - Prepare Probation Order and scud copies
to:
I. Original to remain on Court
file 2. The accused person
3. Probation Officer
• Good behaviour Bond - prepare Good Behaviour Recognizance and
forward copies to:
Original to remain on Court file Original to remain on Court
file The accused person
• Imprisonment-Prepare Warrant of Commitment and give to police.
Ensure that police sign warrant book when receiving warrant.
• Fined - Prepare bail conversion form (see Form in this Manual nuclei- new
Paractices and Procedures, Hail conversion to fine, chapter 5.0 ) to have
bail converted into fine.
• Commit Juveniles found guilty to National Court for trial and or sentence
after committal proceedings. (note: Only for homocide, rape or other
offences punished by death or imprison for life)
If defendant not on bail a Warrant of Commitment to serve default period is to
be issued.
If susequently the fine is to be paid after serving some of the default
period (Refer to District Court Section of this Manual bail coversion into
fines, to determine amount of fine to be paid if part sentence served).
All details of action taken as a result of Court hearings are to be entered
into remarks column of Court Register.
G. Accused person may be found Not Guilty or the case may be withdrawn. If
so prepare document to have bail refunded (Refer to new practices and
procedures, refund of bail in this Manua).
r7 If the accused person failed to appear in Court and the Magistrate
ordered a Warrant of Arrest, it is to be prepared and given to the police.
(The instructions for this procedure are detailed new Practices and Procedures,
issuing of
Warrant of Arrest of this Manual).
As a result of the Court hearings Registry Clerks shall:
• Enter all details of Court all hearings into the remarks column of the
Court Register.
• Ensure that Magistrates signs all Warrants etc.
• Ensure all original Warrants are sealed and entered into the Warrant
books for the police to sign and collect.
• Enter all details of work performed into the remarks column of the
Court Register.
• Attach copies of all documents to the Court files for filing.
• File all adjourned cases under date of hearing order in filing cabinets.
• Enter details off adjourned matters into Daily Dairy
304
9. As a result of Court hearings the monthly Statistical returns have to be
completed.
(The Form to be used are detailed under section new Practices
and Procedures, Statistics of this Manua).
The green copies of the Court Register pages are to sent
to: Chief Magistrates Statistician;
Magisterial
Services P O Box
1616
Port Moresby
National Capital District, or
Fax Number 325 5691
The pink copy of the Register is to be sent
to; Deputy Registrar
District Court
Magisterial
Services P O Box
1616
Port Moresby
National Capital District, or
Fax Number 3255691
The original of the register is to be retained by the Court.
10.4 JUVENILE COURT CRIMINAL,
FLOWCHART
306
10.5 CHILDRENS COURT AFFILIATION PROCEEDINGS INSTRUCTIONS
Child Welfare Act out Maintenance Enforcement Act
Box No Instructions
I . Fresh Complaints, Applications for Enforcement of existing matters,
Search Warrants received from private lawyers, members of the
public and Welfare Officers
2. Clerks check through al1&4 umentation and register if not
defective. Documents returned if defective with advice at to
correcting documentation.
Search Warrants are entered into common register book and a date is
set using Magistrates timetable. The details to be entered into
Register Book are
• Name of Complainant/Applicant
• Name of
Defendant/Respondent Nature
of Complaint
• Date of Registration ,
• Date of Hearing
3. Applications for enforcement of maintenance arrears, variation, notice of
motion, attachment of earnings, warrants of arrest/commitment are always
lodged with a supporting affidavit. The original file is attached (if
applicable) and the date of hearing is allocated.
The original is retained by the Court and the remaining copies returned
to the complainant/applicant.
A copy of the proof of service is to be returned to the Court after
service and lodged on the Court file.
The case details are entered into the daily diary, these details
are: • Case number
• Defendants name
• Type of matters
• Time case is to commence.
The case is allocated a case number using the Alphabetical Index
and the index is endorsed with the following details:
Case number
• Name Defendant/Respondent
• Date of Hearing
307
d. Registry clerks are required to complete a worksheet. The details to be
entered on the worksheet are:
• Name of Complainant/Applicant
• Name of Defendant/Respondent
• Registration Number
• Date of Hearing
• Name of Magistrate/Corum
• cause of Action
The file is then given to the presiding Magistrate.
5. The Magistrate returns the file to the Registry at the completion of
the hearing. The court Register is endorsed with the result of the case
and the case details as headed in the court Register.
The Alphabetical Index is undated with the new adjourned elate
or endorsed as completed according to the result.
The Daily Diary is also updated as required.
Registry clerks also complete all administrative duties as a result of the
hearing i.e. issuing of warrants. The details of all these tasks are to be
entered into the remarks column of the court Register.
Orders/Warrants etc are typed for the Magistrates signature.
G. Statisitcs are complied the court Register. completed cases are filed away using the
court number. Adjourned cases are filed in the pending filing space. current
maintenance files are retained should they be required for use.
10.6 CHILDRENS COURT AFFILIATION PROCEEDINGS FLOWCHART
CHAPTER 11.0 FAMILY COURT
1 L1 JURISDICTION OF THE FAMILY COURT
The family court deals with matters such as:
• Adoption • Adultery • Enticement • Maintenance • Overseas Maintenance Orders.
• Protection Orders
The jurisdiction of Magistrates in relation to family matters primarily comes from
the following Acts of Parliament:
• Deserted Wives and children's Act
• Adoption of children Act
• Adultery and Enticement Act
• child Welfare Act
• Juvenile Courts Act
• Maintenance Orders Enforcement Act
• customs Recognition Act
• District court Acts
11.2 FAMILY COURT INSTRUCTIONS
Box No Instructions
1. Complaint and Summons upon complaint and affidavit in Support is
received from complainant, Lawyer or litigant.
2. Documents are checked by Registry staff to ensure they comply with
procedures and Rules of the Court (District court complaint and Summons
forms are used to start proceedings)
Registry Clerks are to ensure that the Relevant fees are paid (see
District Court Fees section of this Manual for the correct fee)
A Registry clerk are to enter the relevant details into the Alphabetical
Index and allocates the case a number using this Index.
The case details should then the entered into the Daily Dairy under date
of hearing Order.
The Complaint and Summons is signed by either the Magistrate or Clerk
of courts and all the documents are sealed using the Family court seal.
1
3, The court retains the original copy of the Complaint and Summons and
original Affidavit which is filed away in date of hearing order.
The remaining copies are given to the complainant to retain one and for the
copies to be served on the Defendant. coiuplainant is to either serve the
Defendant/Respondent or arrange for it to be served by the Police or
Sheriff. The complainant must file with the court Proofs of Service prior to
the case commencing
4. A Registry clerk shall ensure that all court files are available for the
Magistrate to hear on the afternoon prior to the case being held.
The Magistrate conducts the hearing, makes a decision and returns the file
to the Court Registry.
$, Registry staff enter the decision into the court Register and complete
follow up work as a result of the hearing (issuing warrants etc). The
details of all follow up work is to be endorsed into the remarks column of
the court Register.
After the decision is entered into the court Register all adjourned matters are
to be filed away in date of hearing order in filing cabinets.
Warrants of Arrest are produced by Registry staff for the Magistrate to sign
the warrants. The warrants are then given to the police for execution. The
Clerk should ensure that warrant details are entered into the Warrant Book
and police acknowledge receipt of the warrant by signing the Warrant Book.
All orders for maintenance are given to the typist to produce. The Magistrate
signs the order and the order is then given to the complainant to arrange
service of the order (usually by Police or the Sheriff).
Orders for Attachment of Earnings are typed by the typist together with a
covering letter and the court order, once signed by the Magistrate, are given
to the complainant to serve upon the Defendants employer.
Orders for Warrants of commitment are typed and signed by the Magistrate.
The defendant is arrested on the warrant and taken into custody. In the
event the defendant pays the arrears of maintenance, he is released,
provided that acknowledgement of payment is signed by the Magistrate or
clerk of Court.
6. The complainant may at any time apply to the Court to breach the defendant
because of the defendants failure to comply with the court orders. This
action usually results from the defendants failure to pay maintenance.
The Clerk shall ensure that the breach is activated by either using an
Information form (Form 16 District Court Rules of the Manual) or a
Summons to a person upon Information (Form 17 District court Rules of this
Manual). Before the summons is issued the complainant must first obtain
form the Department of Finance a certificate of Arrears of Maintenance. The Information/Summo ns is
sworn before a Clerk of Court or Magistrate. The date of hearing is endorsed on the summons and the
complainant arranges for the police/sheriff to serve the summons.
7. Either party may wish to Appeal to the National Court against a Magistrates
decision. (The process to follow to arrange an appeal is set out on in this section under the Appeal
Process of this Manual)
8. Statistics are to be prepared using the form (included under the Statistics section of New
Practices and Procedures in this Manual).
11.3 FAMILY COURT FLOWCHART
6. Breach of Court Orders may be filed
5. Registry staff complete necessary administrative functions
arising from Court hearing
4. Magistrate to conduct hearing of case
3. The complaint and summons is served on the
respondent
2. Clerks check document. Registration occurs
1. Complaint and Summons
received by court
g. Registry staff to compile statistics
7. An Appeal against the Magistrates decision may be
made to the National Court
Note: Family related appeals or appeal from the court MUST be
lodged/filed at this court & not at Port Moresby
District Court Registry as is the
case.
11.4 LIST OF FORMS
The forms in the list that are in bold lettering are ones which samples are provided following the list
Section of Act or Regulation
Reg., Sec. 1.
Act, Secs. 43, 65.
ACT, SEC 74. REG., SEC.
2(2).
ACT, SEC 7. RE(.., SEC
3(A).
Description
COMPLAINT. SUMMONS. DIRECTION UNDER SECTION 74-0F THE MAINTENANCE ORDERS ENFORCEMENT ACT. CERTIFICATE OF AMOUNT DUE AND PAYABLE.
Form Number
ACT, SEC. 25(4). REG., SEC 3(B).
ct, Secs. 27, 29, 39, 44. ACT, SEC. 4(1).
Reg., Sec. 5(a).
ACT, SEC 8(1). REG., Sec. 5(B).
Act, Sec. 10(1).
ct, Sec. 13(1).
ACT, SEC. 16. REG., SEC. 5(E).
ACT, SEC. 22 REG., SEC. 5(F).
CERTIFICATE UNDER SECTION 25(4) OF THE MAINTENANCE ORDERS ENFORCEMENT ACT. COLLECTOR'S CERTIFICA'F1s. APPLICATION TO COMMITTHE DEFENDANT TO PRISON_. APPLICATION BY THE COMPLAINANT THAT THE DEFENDANT ENTER INTO RECOGNIZANCE. APPLICATION FOR SEIZURE OF GOODS, ETC.
APPLICATION FOR ATTACHMENT OF EARNINGS ORDER. APPLICATION FOR AN ORDER DISCHARGING, SUSPENDING OR VARYING AN ATTACHMENT OF EARNINGS ORDER.
APPLICATION FOR DETERMINATION AS TO EARNINGS.
10
ACT, SEC 40. REG., SEC 5(H).
ACT, SEC 49(1). REG., SFc. 5(1).
ACT, SEC. 49(2). REG., SI-C. 5(i).
THIS FORM IS REPEALED
APPLICATION FOR A PROVISIONAL ORDER AGAINST A PERSON RESIDENT OR PROCEEDING TO A RECIPROCATING COUNTRY. APPLICATION BY THE DEFENDANT FOR A PROVISIONAL ORDER DISCHARGING, SUSPENDING OR VARYING AN OVERSEAS ORDER.
APPLICATION BY THE COMPLAINANT FOR A PROVISIONAL ORDER VARYING OR REVIVING AN OVERSEAS ORDER.
16
5
Act, SEC. 73. REG., SEC. APPLICATION BY DEFENDANT TO 17
5(x). SET ASIDE AN ORDER UNDER SECTION 66 OF THE MAINTENANCE ORDERS ENFORCEMENT ACT. THIS FORM IS REPEALED 18
ACT, SEC. 43. REG., SEC APPLICATION BY THE COLLECTOR 19
6(s). FOR A SUMMONS TO THE DEFENDANT
ACT, SEC 54. REG., SEC. APPLICATION BY THE COLLECTOR 20
6(c). FOR AN ORDER TO CONFIRM A PROVISIONAL OVERSEAS ORDER. ACT, SEC ACT,SEC.8,10,13,16, 37. ORDER OF THE COURT. 21 Reg., Sec. 7.
THIS FOR M IS REPEALED 22
("I St ;c_ 49(L) REG SEC _ PROVISIONAL ORDER DISCHARGING, 23
9 (A) SUSPENDING OR VARYING AN OVERSEAS ORDER.
PAPUA NEW GUINEA. Maintenance Orders Enforcement Act 1970. Reg., Sec. l.
Form l.
COMPLAINT.
In the District Court at ... No.... of 20...
Complainant
. Defendant.
1, (insert fidl name, address and occupation), complain to the clerk on oath on my own
behalf (or- on behalf of or on my own behalf and on behalf of... ) that (full name,
address and occupation of defendant) has (set out particulars of the complaint).
On the hearing of this complaint the court will be asked to make the following orders:
Sworn at .... 20... Before me ... (Signature of Deponent). Clerk of the Court. 7
PAPUA NEW GUINEA. Maintenance Orders Enforcement Act 1970. Act,
Secs. 43, 65. Form 2. Reg., Sec. 2(1).
SUMMONS.
complainan
t.
Defendant.
In the District court at ... No.... of 20...
To ... of ...
Whereas a complaint has this day been made before the undersigned that you
(state shortly the matter of the complaint).
Now in pursuance of the powers conferred by Section 43 or Section 65 of the
Maintenance Orders Enforcement Act I, . . . , Clerk of the District court at ... command
you to appear before the District court at ... on ... 19..., at ... a.m./p.m. to answer tire
complaint and to be further dealt with according to law.
Dated ... 20...
Clerk of the court
The complainant's address for service is . . . , at which all notices or documents may be
served.
PROOF OF SERVICE (to be endorsed on summons).
1, . . . , of .... make oath and say (or affirm) that on .... 20..., at . . . , I served the
defendant named in this summons with the summons by delivering a copy of it to
him personally, and at the same time showing him the original summons.
Sworn (or affirmed) before me ... at ........ 20...
Justice of the Peace.
317
PAPUA NEW GUINEA. Maintenance Orders Enforcement Act 1970. Act,
Sec. 74. Form 3. Reg., Sec. 2(2).
DIRECTION UNDER SECTION 74 OF THE MAINTENANCE ORDERS ENFORCEMENT ACT.
complainant.
Defendant.
In the District court at ... .
To ... of ...
These are to require you to appear before the District court at .... on ... 20..., at ... a.m./p.m., to give evidence to the court (insert particulars of evidence sought under Section 74 (a), (b) or (c) as the case may be, of the Maintenance Orders Enforcement Act).
Dated ... 20... clerk of the court. The complainant's address for service is .... at which all
notices or documents may be served.
PROOF OF SERVICE (to be endorsed on summons).
1.... of .... make oath and say (or affirm) that on ... 20..., at. . . , I served the defendant named in this summons with the summons by delivering a copy of it to him personally and at the same time showing him the original summons.
Sworn (or affirmed) before me ... at ....... 20...
Justice of the Peace.
318
PAPUA NEW GUINEA.
Maintenance Orders Enforcement Act
1970.
Act, Sec. 7. Form
4. Reg., Sec. 3(a).
CERTIFICATE OF AMOUNT DUE AND
PAYABLE. Name and address of complainant:
Name and address of
Defendant: court at which
orders made: Date(s) of orders: Particulars of orders:
Name of person entitled to receive the money ordered to be paid:
It having been made to appear, on oath, to me that default has been made by the defendant in making the payments directed by the above-mentioned order(s), I certify that the sum due under the order(s) and unpaid at the date of this certificate is K ... Dated ... 20...
Clerk of the Court.
319
PAPUA NEW GUINEA. Maintenance Orders Enforcement Act 1970. Act,
Secs. 27, 29, 39, 44. Form 6. Reg., Sec. 4.
In the matter of a claim for a maintenance order (or as the case may be) for the benefit
of ... against ...
COLLECTOR'S CERT'IFICA'TE.
I . . . , of. . . , the collector of Maintenance of Papua New Guinea, certify as follows: (a)
Attached to this certificate are three copies of each of the following documents,
each document containing an order (or orders) of a Court for or relating to the
payment of maintenance by (full name and address of defendant) (hereinafter called
"the defendant"):
(i) particulars of the Court by which and the date on which, the order was (or
the orders were) made; and
(ii) in the case of a provisional order-particulars of the court by which, and
the date on which, it was confirmed; and
(iii) in the case of an order that was not made by, but is registered in, the Court -
particulars of the date of registration.
(b) The documents so attached constitute certified copies of a maintenance order
under which the defendant is required to pay the sum of K ... weekly (or as the
case may be) for the maintenance of the complainant.
Note: If there are two or more complainants, set out in this and the
following subparagraphs the like particulars relating to the order made in
respect of each other complainant.
(c) The maintenance order (or each maintenance order) is presently enforceable in
Papua New Guinea; (or in the case of a Papua New Guinea order under
Division III. 2 of the Maintenance Orders Enforcement Act), is enforceable
in a State.
(d) In the case of an overseas order the maintenance order (or each
maintenance order) is enforceable in Papua New Guinea under Division
111. 3 of the Maintenance Orders Enforcement Act.
(e) In the case of an overseas order it appears to it that there are reasonable grounds
for believing that the defendant has ceased to reside in Papua New Guinea and is
11
321
resident in (or is proceeding to) (set out the name of the city or town and of the
State, Territory or country).
(f) The amount due and unpaid in respect of the maintenance order relating to the
complaint, as at ... 20..., is K .... and the portion of that amount in respect of
which the defendant has served or is to be deemed to have served a period of
imprisonment is K ...
Note: If there are two or more complainants, set out in this paragraph the
like particulars relating to the amount owing in respect of each other complainant.
Dated ... ... ... ../........./20.......
collector.
PAPUA NEW GUINEA. Maintenance Orders Enforcement Act 1970. Act,
Sec. 4(1). Form 7. Reg., Sec. 5(a).
APPLICATION TO COMMIT THE DEFENDANT TO PRISON.
In the District court at ....
complainant. Defendant. Whereas a maintenance order (or maintenance orders) was (or were) made by the court . .. at ... and was (or were) registered in this Court on ... 20...:
I (insert the name of the person for above benefit the order was made) apply for an order under Section 4 of the Maintenance Orders Enforcement Act to commit the defendant to prison for failure to comply with the maintenance order(s).
The arrears under the maintenance order(s) amount to K ... as specified in certificate of the clerk of the court attached to this application.
Dated ... ... ... ../........./20.......
This application has been set down for hearing by the Court at ... on ... 20..., at .... a.m./p.m., or so soon afterwards as the course of business permits.
Dated ... ... ... ../........./20.......
clerk of the court.
This application is filed by .... the applicant, of (full address and occupation).
To (full name of the defendant): ...
If you do not attend the Court at the time and place specified above for hearing the application, the court may issue a warrant for your arrest or hear and determine the application in your absence.
322
PAPUA NEW GUINEA. Maintenance Orders Enforcement Act 1970. Act,
Sec. 13(1). Form 10. Reg., Sec. 5(d).
APPLICATION FOR ATTACHMENT OF EARNINGS ORDER. In
the District Court at ...
Complainant. Defendant. Whereas a maintenance order (or maintenance orders) was
(or were) made by the Court . .. at ... and was (or were) registered in this Court on ...
20...,
I (insert the name of the person entitled to receive payments under the maintenance
order) apply for an attachment of earnings order under Section 13 of the Maintenance
Orders Enforcement Act.
The arrears under the maintenance order (or maintenance orders) amount to K ... as
specified in the Certificate of the Clerk of the Court attached to this application, and
amount to an amount equal to not less than (insert four weekly payments or as the case
may be), and the defendant has consistently failed to comply with the requirements of
the order.
Name and address of employer (these particulars need not be supplied. See Sec. 13(2)
of the Maintenance Orders Enforcement Act).
Dated ... ... ... ../........./20.......
']'his application has been set down for hearing by the ... Court al ... on ... 20. . ., at. . .
a.m./p.m., or so soon afterwards as the course of business permits.
Dated ... ... ... ../........./20.......
Clerk of the
Court. This application is filed by . . , , the applicant, of (full address and occupation).
It is intended to serve this application on (full name, address and occupation) (or it is
not intended to serve (his application on any person).
PROOF OF SERVICE (to be endorsed on application).
I, . . . of .... make oath and say (or affirm) that on ... 20.. . , at .... I served the
employer with this application by delivering a copy of it to him personally, and at
the same time showing him the original application.
Sworn (or affirmed) before me ... at ....... 20...
Justice of the Peace.
323
CHAPTER 12.0 CORONERS
COURT 12.1 JURISDICTION OF THE
COURT A coroner has jurisdiction to inquire into the manner and cause of the death of a person who:
a) killed; or
b) drowned; or
c) a sudden death of which the cause is unknown; or d) under suspicious or unusual circumstances; or e) died while under an anaesthetic in the course of a medical, surgical or dental operation of a like nature; or
f) died, but no certificate of a medical practitioner has been given as to the cause of death; or
g) died within a year and a day after the date of an accident where the cause of death is directly attributable to the accident; or
h) died in a corrective institution, rural lock-up or police lock-up, or while a prisoner or in custody; or
i) died in a mental hospital or other institution under such circumstances as to require an inquest under this or any other enactment; or
j) died in such circumstances that, in the opinion of the Principal Legal Advisor, the cause of death and the circumstances of the death should be more clearly and definitely ascertainable ; or
k) died, not having been attended by a medical practitioner at any time within three months before his death
12.2 CORONERS COURT INSTRUCTIONS
Box No Instructions
1. Investigating police prepare a Report of Death to coroner / are of arson
2.
A Warrant to Bury ( see Coroners Regulation 1(1) Form number 9) is issued after Coroner orders warrant to be prepared. The Coroners clerk prepares the Warrant to Bury, the warrant is signed by the Coroner. The body can then be released from the morgue or funeral home for burial. If relatives are not satisfied with the death whilst death certificate is issued, relatives request autopsy orders to establish cause of death
3.
Where the coroner considers that holding an inquest in for a death will serve no good purpose. A Form 11 of the coroners Act 7(4) Regulation 1(k). coroners certificate where inquest on death will serve no good purpose is issued. The form is prepared by the coroners clerk and signed by the coroner.
The coroners certificate is sent to:
• Original Retained for court records
• 15` copy Secretary for Justice
• 2nd copy Public Solicitor
• 3`d copy Register General
• 4th copy Officer Assisting Coroner
The details of the cases are to be entered into the coroners court Register (see list of forms in District Court, Form 1).
The coroners clerk shall enter all details of administrative work carried out as a result of the matter in the remarks column of the register (eg. sending out of forms).
5.
If a coroner decides that a post mortem is required an Order for Post Mortem is signed by the coroner and notification is issued & distributed to the Registrar Generals Office.
6.
After the cause of death has been established, a Warrant to Bury is issued, (see instructions in Box 2 above)
2
7.
If the deceased was an expatriate a Warrant to Bury form (long
form warrant) is issued to allow for the body to be removed from
the jurisdiction of PNG
3.
If the death resulted from circumstances as outlined in section 7(1)
of the coroners Act a letter under section 7(2) of the Act is
forwarded to the investigating officer by the coroners Clerk, The
letter states a Coroner shall inquire without delay into the
manner and cause of a death occurring under any of the
circumstances specified in Subsection (1), then notification to
Registrar Generals Office is sent, for Coroner to hold inquest.
The coroner receives the report from the investigating police officer.
The coroner can:
• hold an inquest under section 7(3) of the Act
• not hold an Inquest under Section 7(4) of the Act
10.
If as inquest is held the coroners Clerk shall forward to interested
parties a Notice of Inquest which includes the details of the
inquest including its date and time are place for the inquest
After the inquest is held the coroners clerk shall send the same forms
as in box 3 above. Form of inquisition is then issued on the findings.
11
Section 7(4) of the Act states that:
Where, after considering any information as to the death in respect
of which an inquest is by this section required to be held, the coroner
considers that no good purpose would be served by the holding of an
inquest, he shall forward to the Attorney-General
a) a certificate in the prescribed form stating the reason
for coming to that decision and showing particulars of
the deceased person and the cause of his death; and
b) a copy of any medical or post-mortem report made
in connection with the death; and
c) copies of all other reports that have come to his attention
dealing with the death where any of the information acted
on by him is information that he has obtained otherwise
than from reports; and
d) a copy of his own report on the death (Form of
Inquistion). The forms to be used are
coroners Certificate where inquest on death will serve no good
purpose.(Form 11 in this section) and
3
1 1 2 E Coroners certificate where inquest on death as a result of a fire will serve
no good purpose.(Form 12 in this section)
The coroners Clerk should refer to Box 4 above for other duties as
a result of the matter.
Where the death is as a result of a motor vehicle accident, relatives
of the deceased may claim for Basic Protection compensation (BPC)
from the Motor Vehicle Insurance Limited (MVIL) through the
Coroners Office
13
The relatives of the deceased lodge with the coroners court a BPC
claim upon receiving Road Accident Report.
The claim is registered and listed in the Claim Register Dairy.
After registration the coroners clerk sets a date of assessment. The
assessment officer from MVIL may search the file prior to the date of
assessment.
14
As a result of the hearing a coroner may make an order
for compensation.
The coroners clerk prepares an order, the Coroner signs the
order and forwards the order to following addresses:
• Original MVIL for payment
1st copy court Records
• 2 n d copy Secretary for Finance
• 3 ` d copy Secretary for
Justice (If Government Motor Vehicle is
involved in an accident)
4th
copy Relatives of Deceased
15
Upon receiving the BPC cheque from the MVIL, the Coroners
Court clerk registers the order and notes its details in the Court
Register. The cheque is then sent to the Department of Finance who
will in turn forward a Department of Finance cheque to the deceased's
relatives, which is then paid out from Coroners Office.
327
12.3 CORONERS COURT FLOWCHART
Natural Causes Suspicious circumstances Motor Vehicle
Police report death to Coroner.
Medical certificate arrives
The file s registered
'floe file s registered
A Warrant to bury s sued
Court to issue and distribute
Coroners Certificate
Coroner may decide that
inquest will serve no good purpose
Coroner may hold an
inquest
Coroner receives report
from police
If death suspicious, letter
to investigating officer
If the deceased
ased s an expatriate,
different warrant s used
(long warrant)
N After cause of Death Established, Warrant to Burry is issued
[_Post Mortem required
if death result the of Motor vehicle accident compensation may be claimed from MVIL.
Basic Protection Claim (BPC) lodged by relatives of
deceased. Upon receiving road accident reports from the
investigating officer
Coroner makes compensation order
BPC cheque s received
Then paid out to tire claimant
12.4 LIST OF FORMS CORONERS ACT
Section of Act or Regulation Description Form Number coroners Reg 1(a) Summons to
Witness 1
Coroners Reg 1(b) Summons for (lie attendance of a medical
2 Witness.
Coroners Reg 1(c) Warrant against witness for contempt of
3 summons
Coroners Acr Sec 1(91)(c) Warrant of commitment for trial.
4 and Reg 1(d)
coroners Regl(e) Warrant of commitment for Contempt of 5 Court
coroners Act Sec 23 and Reg Deposition of Witness. 6 1(f)
Coroners Act Sec 19(3) and Recognizance where a person committed by 7
Reg 1(g) the coroner is admitted to bail.
coroners Reg 1(h) Form of Inquisition. 8
coroners Reg 1(I) Warrant to Bury. Coroners Reg 1(j) Warrant to
take up body interred. 10
Coroners Act Sec 7(4) and coroners certificate where inquest on death 11
Reg 1(k) will serve no good purpose.
coroners Act Sec 17(2) and coroners certificate where inquest on fire 12
Reg 1(1) will serve no good purpose.
329
PAPUA NEW GUINEA. Coroners Act 1953. Reg.,
Sec. 1(a). Form 1. SUMMONS TO WITNESS.
To ... of....
WHEREAS I am informed that you can give evidence concerning the death of ... (or
a certain fire, or the disappearance of ... formerly of ... ): By virtue of my office as a coroner, I direct you to attend personally before me at ... at ... a.m./p.m.* ... 20.. , to be examined and give evidence concerning the matter.
Dated ... ... ... ../........./20.......
Coroner.
':Strike out whichever is inapplicable.
330
PAPUA NEW
GUINEA. Coroners
Act 1953.
Reg., Sec. 1(b). Form
2. SUMMONS FOR THE ATTENDANCE OF A MEDICAL
WITNESS. coroners Inquest at ... on the body of ...
You are required to appear before me at ... on ... 20.. , at ... a.m./p.m.,* to give evidence
concerning the death of ... (add the following if necessary: and make or assist in
making a post-mortem examination of that body and report on the examination at the
inquest).
Dated ... ... ... ../...... ... /20 .......
Coroner.
"Strike out whichever is inapplicable.
331
PAPUA NEW GUINEA.
Coroners Act 1953.
Reg., Sec. 1(c). Form
3. WARRANT AGAINST WITNESS FOR CONTEMPT OF
SUMMONS. To all members of the Police Force and to all others whom it may concern.
WHEREAS I have received credible information that ... of ... can give evidence
concerning the death of ... (or a certain fire or the disappearance of... formerly of...):
AND WHEREAS ... having been duly summoned to appear and give evidence before me
concerning the matter at the time and place specified in the summons and oath having
been duly made before me of that summons has refused and neglected to do so to the
hindrance and delay of justice:
I direct you or any of you without delay to apprehend, and bring before me at ..., ... of... ,
that he may be dealt with according to law.
Dated ... ... ... ../...... ... /20 .......
coroner.
332
PAPUA NEW GUINEA.
Coroners Act 1953. Act, Sec. 19(1)(c). Form 4. Reg., Sec. 1(d).
WARRANT OF COMMITMENT FOR TRIAL.
To all members of the Police Force and to the Officer-in-Charge of the Corrective Institution (or as the case may be) at ... .
WHEREAS by inquisition taken before me a Coroner on the death of ... (or as to the
cause and origin of a certain fire) ... stands charged that on ... 20.. , he ... .
AND WHEREAS I have committed him to take his trial for that offence:
By virtue of my office as a Coroner I direct you or any of you to convey him safely to the Corrective Institution (or as the case may be) at ... without delay; and require you the Officer-in-Charge of that Corrective Institution (or as the case may be) to receive him into your custody and keep him safely until he is discharged in accordance with law.
Dated ... ... ... ../........./20.......
Coroner.
333
PAPUA NEW GUINEA.
Coroners Act 1953.
Reg, Sec. 1(e). Form 5.
WARRANT OF COMMITMENT FOR CONTEMPT OF COURT.
To all members of the Police Force and to the Officer-in-charge of the corrective
Institution (or as the case may be) at ... .
WHEREAS on inquiry made this day before me a coroner at ... on the body of ... as to
how and by what means he came to his death (or concerning the cause and origin of a
certain fire or concerning the disappearance of... formerly of... ) ... did wilfully
insult me during the holding of my inquest (or did wilfully interrupt the proceedings of
my inquest (or otherwise)) and I therefore ordered ... to be imprisoned for his offence
in the corrective Institution (or- as the case may be) at ... for ... days:
I direct you or any of you to take ... and to convey him safely to the corrective
Institution (or as the case may be) at ... and deliver him to the officer-in-charge
together with this warrant:
AND I direct you the Officer-in-charge of that corrective Institution (or as the case may
be) to receive ... into the Institution (or as the case may be) and imprison him there for
... days.
Dated ... ... ... ../........./20.......
coroner.
334
PAPUA NEW GUINEA.
Coroners Act 1953.
Act, Sec. 23. Reg., Sec. 1(f). Form 6.
DEPOSITION OF WITNESS.
The examination of ... of ... taken ... 20.. at... before me, a coroner, on an inquisition concerning the death of ... (or the cause and origin of a certain fire or the disappearance
of... formerly of... ).
This deponent says as follows:-
PAPUA NEW GUINEA.
Coroners Act 1953.
Act, Sec. 19(3). Form
7. Reg Sec. 1(g).
RECOGNIZANCE WHERE A PERSON COMMITTED BY THE
CORONER IS ADMITTED TO BAIL.
WHEREAS on ... 20.. A.B. of ... and C.D. of ... and E.F. of ... personally came before me a
coroner and acknowledged that A.B. owed the sum of ... and C.D. owed the sum of ... and
E.F. owed the sum of ... to the State, to be made and levied of their goods and chattels,
lands and tenements respectively to the use of the State if A.B. fail in the condition
endorsed on this recognizance.
Taken and acknowledged the day and year first abovementioned at ... before me ... .
coroner.
Condition Endorsed.
Whereas on an inquiry made by me as to how and by what means ... came to his death (or
concerning the cause and origin of a certain fire) 1 committed A.B. for trial on a charge of
... : IF A.B. appears at the next ordinary sittings of the National court to be held at ... and
surrenders himself to the Officer-in-Charge of the corrective Institution there and pleads
to the charge or to any other charge that is then filed against him concerning the matter
and takes his trial on it and does not depart the Court without leave, then the recogni zance
is void, but otherwise it remains in full force.
336
PAPUA NEW GUINEA.
Coroners Act 1953. Reg., Sec. 1(h). Form 8.
FORM OF INQUISITION.
AN INQUISITION taken at ... on ... 20.. (and by adjournment on ... (as the case
requires)) before me ... a coroner as to when, how and by what means ... came to his
death (or as to the cause and origin of a certain fire at ... by which the dwelling-house
of ... was destroyed or concerning the disappearance of ... formerly of ... ): I FIND (Set
out the circumstances of the death, fire or disappearance, as for example
(a) That ... died at approximately (if known) on ... 20.., at ... (the place should be
as specific as possible, e.g. Port Moresby General Hospital);
(b) That the cause of his death was ... ; and
(c) (State the Coroners conclusions as to
death). Another example is--
(a) That a fire occurred on the ... , 20.. , at the dwelling-house of ... at ...; and
(b) That the fire was caused by ... wilfully and unlawfully setting fire to the dwelling-
house; or
(c) That the fire was caused by the accidental overturning of a kerosene lamp by ... ).
PAPUA NEW GUINEA.
Coroners Act 1953. Reg, Sec. 1(i)
Form 9.
WARRANT TO BURY.
To all members of the Police Force and to all others whom it may concern.
WHEREAS I have this day taken a view of the body of ... who now lies dead in ... and
have proceeded on the matter according to law;
You may lawfully permit the body of ... to be buried.
Dated ... ... ... ../........./20.......
coroner.
338
PAPUA NEW GUINEA.
Coroners Act 1953. Reg., Sec. 1(j).
Form 339.
WARRANT TO TAKE UP BODY INTERRED.
To all members of the Police Force and to all others whom it may concern.
WHEREAS complaint has been made to me ... a Coroner that ... whose body was buried in
... on ... 211.. died not of a natural but of a violent death;
AND WHEREAS no notice of the violent death has been given to a Coroner by which an
inquisition might have been taken on view of the body of ... before his burial;
By virtue of my office as a coroner I order you to cause the body of ... to be immediately
taken up and safely conveyed to ... so that I may view it and proceed according to law.
PAPUA NEW GUINEA.
Coroners Act 1953.
Act, See. 7(4). Form 11.
Reg., Sec. 1(k).
CORONER'S CERTIFICATE WHERE INQUEST ON DEATH WILL SERVE NO GOOD PURPOSE.
Attorney-General
And
to all members of the Police Force and to all others to whom it may concern.
I Having made inquiries respecting the death of ... who died at ... on ... 20.., by virtue
of my office as a coroner I certify that no good purpose will be served by holding an
inquest on the body of..., and that his body may be buried.
My reasons for coming to this decision are ... .
PAPUA NEW GUINEA.
Coroners Act 1953. Act, Sec. '17(2). Form
12. Reg, Sec. 1(1).
CORONER'S CERTIFICATE WHERE INQUEST ON FIRE WILL SERVE NO GOOD PURPOSE.
Attorney-General
And
to all members of the Police Force and to all others whom it may concern.
Having made inquiries regarding the cause and origin of a certain fire which occurred at
... on ... 20.. , by virtue of my office as a Coroner I certify that no good purpose will be
served by holding an inquest on the fire.
My reasons for coming to this decision are ... .
Dated ... ... ... ../........./20.......
Coroner
18
CHAPTER 13.0 LAND COURT
13.1 PURPOSE OF THE LAND DISPUTES SETTLEMENT ACT: SECTION 1
The purpose of this Act is to provide a just, efficient and effective machinery for
the settlement of disputes in relation to interests in customary land by
a) encouraging self-reliance through the involvement of the people in the
settlement of their own disputes; and
b) the use of the principles underlying traditional dispute settlement processes.
13.2 GENERAL JURISDICTION OF LOCAL LAND COURTS. SECTION 26
Subject to Section 3 and 4 and to this Part, a Local Land court has jurisdiction over
and in relation to
a) a dispute as to an interest in land where the land in dispute is situated wholly
or partly within the province for which the Court is established; and
b) the approval of agreements under Section 19;
and c) a dispute to which Section 29 applies; and
d) any other action or decision that it may be required to take under this Act.
13.3 LAND COURT APPROVAL OF AGREEMENTS.
1) The parties to an agreement may apply to a Local Land court to have
the agreement approved.
2) On receiving an application under Subsection (1), the court shall make such
inquiries as it thinks necessary to ensure that
a) the terms of the agreement are fully understood by the parties; and
b) where a party to the agreement consists of more than one person, a
substantial majority of the persons comprising the party concur with the
terms of the agreement; and
c) the agreement is not in breach of any law, or contrary to natural justice
or public policy.
3) Where the court is not satisfied as to any matter specified in Subsection (2), it
may
a) mediate between the parties in order to reach a satisfactory agreement; or
b) by order direct the Land Mediator who mediated the dispute or another
Land Mediator specified in the order to conduct further mediation, with, if
it thinks fit, a direction as to how any defect in the original agreement
might be overcome.
4) Where further mediation has been carried out under Subsection (3)(b) and an
agreement has been reached and recorded, the parties may re-apply to the court
to have the agreement approved in accordance with this section.
5) Where the Court is satisfied as to the matters specified in Subsection (2), it
may approve the agreement.
6) An agreement approved under Subsection (5) has effect as an order of a Local
Land court made under this Act. 342
13.4 DISPUTES, ETC., INEXTRICABLY INVOLVED WITH LAND DISPUTES. SECTION 29
1. Notwithstanding this or any other Act, where, in the opinion of the Local Land Magistrate presiding at a sitting of a Local Land Court, a dispute that is the subject of proceedings before the court is so inextricably involved with another dispute or with pending criminal proceedings that the court should not proceed to deal with the dispute until the other dispute or the criminal proceedings is or are dealt with, the Local Land Magistrate may
a) where a Local Court or a Village court has jurisdiction to deal with the other dispute or criminal proceedings, as the case may be, direct the Local Land Court
i. to adjourn the proceedings in relation to the land dispute until the other dispute or the criminal proceedings has or have been dealt with by that other Court; or
ii. to proceed to hear and determine the other dispute; and
b) where a Local court or Village court does not have jurisdiction to deal with the other dispute or criminal proceedings, direct the Local Land court to adjourn the proceedings until the other dispute or the criminal proceedings has or have been dealt with.
2. A Local Land court that proceeds to deal with a dispute under Subsection (1) (a) (ii) shall be deemed, for the purposes of the dispute, to be and, as far as practicable, to have all the powers, duties, functions and responsibilities of a District Court or Village court, as the case requires.
13.5 PROVINCIAL LAND COURT
Provincial Land Court Appellate Jurisdiction. Section 47 5.3
Subject to this Part, a Provincial Land court has jurisdiction to hear and determine appeals from a decision of a Local Land court where the land in dispute is situated wholly or partly within the area of the Provincial Land court.
Appeal against decision of Local Land court.
(1) Subject to this section, a person aggrieved by a decision of a Local Land court may appeal within three months after the date of the decision to the Provincial Land court.
343
13.6 LAND COURT INSTRUCTIONS
13o x No Instructions
1.
An application to the Land court may be made orally or in writing, but if made
orally it shall be reduced to writing by or on behalf of the applicant before the
hearing commences; and
shall be accompanied by a general description of the land in dispute.
(The complaints are usually laid on District Court Complaint/Application
forms)
Land Dispute Settlement Act (LDSA) Sec 31 (3)
The Land court clerk shall enter the details into the Alphabetical Index and
allocate a court number, select a date of hearing from the Daily Dairy and
endorse the date of mediation hearing on the complaint
2. Copies of tire application and description of the land in dispute shall be
returned to the complainant for the documents to be served in accordance
with Section 71 of the LDSA. See below
Section 71 of the Land Dispute Settlement Act
1. Subject to this Act, where a Local Land Court is required to give
notice under this Act the notice shall be given by
a) giving it to the parties to a dispute or the representatives of
the parties; and
b) publishing it at the office of, and notifying it at the next meeting
of, any Local-level Government in whose area the land or part
of the land is situated; and
c) forwarding it to any Village court within whose area the land
or part of the land is situated; and
d) publishing it by any radio broadcasting service that specifically
serves the province in which the land or part of the land
concerned is situated, and, in addition, may be given bye)
posting a copy of the notice in a conspicuous place on the
land concerned; or
f) posting a copy of the notice at any appropriate meeting
or gathering place throughout the area concerned; or
g) informing all concerned, or possibly concerned, parties residing
on the land concerned or in the general area surrounding the
land concerned; or
h) notifying it at any appropriate meetings throughout the area
concerned; or
i) notifying it in the area concerned by any method by which it is
customary to transmit orders or news within the area; or j)
notifying it in such other places and in such other manner as
the Court thinks appropriate.
344
3 The clerk gives the file to the mediator appointed to hear the dispute.
If mediation settles the dispute, the claim is registered in the Land
Court Register as a Court Order
If the matters fails to settle the Clerks gives notice to the parties and mediator
for a new hearing date before a Magistrate. The Clerk shall give a new hearing
notice to all parties in the dispute.
4. If tthe mediation does not succeed the matter is now heard before a
Magistrate. The clerk gives the file to the Magistrate.
The Magistrate and mediators hear the matter including evidence from
all parties on how they (the parties) are connected to the land in dispute.
The matter is usually adjourned to allow for the Magistrate to decide on the
matter.
The clerk shall enter the courts decision into the court Register. If the matter is
adjourned, any adjournment dates are to be entered into the Alphabetical
Index.
5. If a party to the matter is unhappy with a decision they may appeal to the Provincial Land court.
The party who wishes to appeal must lodge a Notice of Appeal (LDSA Reg
1 Form 1). There is a fee of K500 which has to be lodged with the Notice
of Appeal.
The appeal must be lodged within 3 months of the decision of the Local Land
court.
A written copy of the Notice of Appeal shall be served on the respondent
personally or, in accordance with Section 71(4), by an officer authorized by
the Court for the purpose.
LDSA S71 (2)
For the purposes of giving notice under this section, a Local Land court
may require
a) a Local-level Government;
or b) the Provincial
Government; or c) a District
Officer,
to act as its agent.
The clerk shall give to all parties and the mediator a notice of hearing
informing the parties of the Provincial Land Court Date of Hearing. 34
5
6. The local Senior Provincial Magistrate hears the Appeal. The Clerk enters the decision
into the court Register.
The Clerk has the Provincial Land Court Order typed and forwarded to the parties in the
dispute.
The decision of the Provincial Land court may be appealed to the National Court for Judicial
Review.
(The administrative process for lodging an appeal is set out in the District Court
Appeal section of this Manual).
13.7 LAND COURT FLOWCHART
Applications are filed with the land Court
5. If parties unhappy with Magistrates decision, they may appeal to Provincial
Land Court
6. Provincial Land Court hears appeal
7. Provincial Court Decision
may be appealed of National Court
2. The application is served on
parties
3. The mediation hearing for the dispute takes place
4, If mediation does nor succed Magistrate may now hear matter
13.8 LIST OF FORMS
PAPUA NEW GUINEA. Land Disputes Settlement Act 1975.
Notice of Appeal.
Form 1. Reg., Sec. l.
To:
The District Land court al:
(or) The Local Land Magistrate at:
Appeal from the decision of the Local Land court at:
trade on:
in respect of the land described as:
Respondent:
Grounds of appeal:
PAPUA NEW GUINEA
Reg. Sec 2
Land Disputes Settlement Act 1975 NOTICE OF
APPEAL - PLC - /2001
Form 1
To:
The District Land Court At: (or) The local Land Magistrate at: Appeal from the decision of the Local Land Court At: In respect of the land described as:
Respondent:
Grounds of
Appeal:
See attached.
Receipt No. for payment of Deposit of
Dated:
DATED the... ... ... ... ... ... ...Day of ... ... ... ... ... ... ... ... .....2001
. (Names and ' Signatures or marks of the
Appellant or Appellants, or local Land Magistrate)
Section 11
PAPUA NEW GUINEA
Form 2
Land Disputes Settlement Act 1975
APPPOINTMENT - AD-HOC LAND MEDIATOR
TO:
In the matter of a dispute
bet ween ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....and ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Over interests in land known as ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... You are hereby appointed a Land Mediator to mediate this dispute
Your appointment will terminate:
1. When the dispute is settled; or
2. When the dispute is referred to the Local Land court; or
3. If you are chosen as a member of the Local Land court, when the decision of this
court is handed down; or
4. At any other time before this by notification of the Local Land Magistrate
. .. ... .' '
Local Land Magistrate , . '.
350
Land Disputes Settlement Act 1475
NOTICE OF INTENTION TO COMMENCE MEDIATION
To: The Local Land Magistrate at ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... l. I/We ... ... ... ... ... ... ... ... ... ... ... ... ... .... Land Mediator (s) for the ... ... ... ... ... ... ... ...
... Land Mediation Division will commence Mediation on the land dispute
2. The name of the land is ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
3. The groups involved in the dispute are... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
4. The nature of the dispute is ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... and Mediator (s) .. . ....
In the Local Land court at ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... on the ... ... ... ... ... ... ....
Day of ... ... ... ... ... ... ... ..., 19 ... ....Before... ... ... ... .. . ... ... ... ....Local Land Magistrate
1. The parties to this agreement have this day applied to the court for approval of
the agreement under Section 28 (1) of the Land Disputes Settlement Act 1975.
Being satisfied that the Agreement fulfills the provisions of Section 28 (2) of the
Land Disputes Settlement Act 1975 the agreement is APPROVED and now
becomes an Order of this Court.
OR
2. The agreement is defective and is NOT APPROVED and is referred back to
... ... ... ... ... ... .. Mediator for further mediation, with the following directions.
OR
3. The agreement has been further mediated by me and after acceptance by the
parties, the following agreement replaced the agreement originally reached,
and now becomes the Order of this Court.
Date:
... '
. (Local Land Magistrate)
..
352
REQUEST TO MEDIATE A DISPUTE
To: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. Land Mediator (s) for the
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... LAND MEDIATION DIVISION
In the matter of a land dispute over land known as ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
between ... ... ... ... ... ... ... ... ... ... ... ... ... ... and ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
You are requested to mediate this dispute and no other Land Mediator (s) will be
appointed to mediate in this dispute.
............................................ Local
Land Magistrate
353
Sect. 17 (10) (a)
PAPUA NEW GUINEA
Land Disputes Settlement Act 1975
Form 5
Application to Change a Mediator
To: The Local Land court
at ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
I ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
... ... ... Land Mediator of the .... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
... ... ... ... ...
Mediation Area having commenced Mediation on a dispute over interests in land
to continue the Mediation.
... ... ... ... ...Mediator. ... ... ... ... ... ... ..
know
as ... ... ... ... ... ... ... ... ... ... between ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
...
and ... ... ... ... ... ... ... ... ... ... ... ... ... ... now request that another Mediator be
appointed
Sect. 26 (1)
PAPUA NEW GUINEA
Form S
Land Disputes Settlement
DISPUTE REFERRED TO LOCAL LAND COURT
To: The Local Court at ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
I/We ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
...
Land Mediator (s) for the ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....Mediation Division
have attempted Mediation between... ... ... ... ... ... ... ....and... ... ... ... ... ... ... ... ... ...
....in a land dispute over land known as ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... I/We now
refer the dispute to the Local Land court for Hearing.
I/We certify that:
a) An agreement was reached, but, the parties no longer accept the terms of the
agreement;
OR
b) The parties have tried to come to an agreement but failed;
OR
c) One of the parties has tried to reach agreement, but the other party was not
prepared to do so;
OR
d) That, there is no likelihood of an agreement being reached and the Local
Land court should hear the dispute as soon as possible.
To the best of my/our knowledge no previous Order has been made on this land by a
Local or District Land Court or the Land Titles commission.
... ... ... ... ... ... .. (Mediator'(s).) .. ... .....
355
Sect. 26 (356)
PAPUA NEW GUINEA
Form 356
Land Disputes Settlement Act 1975
APPLICATION FOR CERTIFICATION UNDER SECT.
26 (2)
To: The Provincial/Local court at ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
... I/We ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....of ... ... ... ... ... ... ... ... ... ... ... ... ...
... ... Make application for certification that a dispute between... ... ... ... ... ... ... ...
... ... ... And... ... ... ... ... ... ... ... ... ... ... ... ....over interests in land known as ... ...
... ... ... ... Not being situated within a Land Mediation Area, is not likely to be
settled without a court hearing, and that in my/our opinion there is good reason for
the dispute to be dealt with without delay.
Date:
To: The Local Land court
at ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. Being satisfied that the above dispute has been considered by the traditional
dispute settlement authority of the area, 1 certify that
1. There is no reasonable likelihood of the dispute being settled without a
court hearing, and
2. In my opinion there is good reason for the dispute to be dealt with without delay.
.. ... .. ..' ... ... .. Provincial/Local ... ...
Magistrate
Dated the ... ... ... ... ... ... ... ... ... ... ... ... ... day of ... .., ... ... ... ... ... ... ... ... ... ..., 19 ... ...
... ... ...
15
Sect. 28
PAPUA NEW GUINEA
Form 10
Local Disputes Settlement Act 1975
To: The Local Land court
at ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... W e ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
... ... ... ... ... ... ... ... ... ... ...
Permit to a dispute over interests in land known as ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Hereby make application for Approval of the Agreement reached by us after Mediation
on the ... ... ... ... ... ... ... ... ... ... ... ... day of ... ... ... ... ... ... ... ... ... .., 19 ... ... ... ... ...
The Terms of the Agreement are:
Dated the ... ... ... ... ... ... ... ... ... ... ... ... day of ... ... ... ... ... ... ... ... .., 19 ... ... ...
certification under Section 26 (a):
I/We ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....Land
Mediators (s) certify that the above Agreement for which approval is now sought is the
Agreement reached between the parties after mediation by me/us.
........................(Land.Mediator(s)) °....
357
Date:
Sect. 33
PAPUA NEW GUINEA
Form 358
Land Disputes Settlement Act 1975
TRANSFER OF PROCEEDINGS
To: The Local Land Court at ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
.......
In the matter of proceedings now before the Local Land Court at ... ... ... ... ... ... ... ... ...
... ...
In respect to a dispute between ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. . ... ... ... ... ... ... ...
... ... .... Over interests in the land known as ... ... ... ... ... ... ... ... ...and... ... ... ... ... ... ... ... ... ...
... ... This order is now made staying the proceedings and transferring them to the
Local Land court at ... ... ...
... ... ... . ..' .. District Land Magistrate .
Dace:
17
Sect. 30
PAPUA NEW GUINEA
Form 359
Land Disputes Settlement Act 1975
TEMPORARY ORDER
In the Local Land Court:
At ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
...
Before ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. . ... ...
Oil the... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Having heard the application of ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
... ... ... ... ... ... ...
For a Temporary Order over interests in land known as ... ... ... ... ... ... ... ... ... ... ... ... ...
Now the subject of a dispute between... ... ... ... ... ... ... ... ... ... ....and... ... ... ... ... ... ... ...
(or now the subject of an appeal to the. District Land court from a decision of the Local
Land court) and being satisfied that:
a) There is likely to be a delay of no less than one month before the dispute can
be hea5rd and determined in the Local Land Court (or the Appeal can be
determined by the District Land court); and
b) Prompt action is needed to preserve peace and order in the area.
Make the following Temporary Order
1.
Signed tire... ... ... ... ... ... ... ... ... ... .....clay of ... ... ... ... ... ... ... ... .., 19 ... ... ...
'.. .. ... .
Local Land Magistrate ..
NOTE: Failure to obey a Temporary Order is punishable by a fine of K100.00 default Penalty K2.00
359
Sect. 38
PAPUA NEW GUINEA Form 360
Land Disputes Settlement Act 1975
SUMMONS TO WITNESS
To:
The Provincial/Local Land Court will be hearing a dispute over interests in the
land known as
.. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... between ... ... ... ... ... ... ... ... ... ... ...
and ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....
You are required to appear before the Provincial/Local Land Court at ... ... ... , 19 ...
At ... ... ... ... ... ... ... ... o'clock to tell the court what you know about the dispute.
You are required to bring with you and give to the court the following papers
and documents:
... . . . .. . . Provincial/Local Land. '. ."
...
Magistrat
e Date
19
Sect. 53
PAPUA NEW GUINEA
Form 361
Land Disputes Settlement Act 1975
RECORD OF MEDIATION (LOCAL LAND COURT)
In the Local Land Court at ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Before ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Local Land Magistrate and ... ... ... ... ... ...
... ... ... ... ....... ... ... ... Mediators. Application to hear the dispute having been received
from ... ... ... ... ... ... ... ... ... ... ... .. on the ... ... ... ...
... ... day of ... ... ... ... ... ., 19 ...
1. Parties before the court:
2. Interests claimed by parties:
3. Name of Land, and if applicable, description of boundaries:
4. Witnesses (5) to location of boundaries:
5. Decision of the court:
I certify that the above and any of the attachments hereto are a true record of the
proceedings of the Local Land Court, and that the Reasons for Decision, and the Terms
of the Order were explained to the parties, and that the land was inspected and the
boundaries walked in company with the parties.
... '.. .'. . '
Local Land Magistrate .. Date:
NOTE: Depositions, Reasons for Decision and documents accepted as Exhibits to be attached hereto. Land Mediators Certificate under Section 26 (1) should also be attached.
361
Sect. 53
PAPUA NEW GUINEA Form 362
Land Disputes Settlement Act 1975
RECORD OF PROCEEDINGS (LOCAL LAND COURT)
In the Local Land court at ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
.... Before ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. . Local Land Magistrate and
... ... ... ... ... ... ... ... ... ... ... ... ... ....Mediators. Application to hear the dispute
having been received from ... ... ... ... ... ... ... ... ... ... ... ... ... on the ... ... ... ... ... ...
day
of ... ... ... ... , 19 ... ... .
1. Parties before the court:
2. Interests claimed by parties:
3. Name of Land, and if applicable, description of boundaries:
4. Witnesses (5) to location of boundaries:
5. Decision of the court:
I certify that the above and any of the attachments hereto are a true record of the
proceedings of the Local Land court, and that the Reasons for Decision, and the terms
of the order were explained to the parties, and that the land was inspected and the
boundaries walked in company with the parties.
... ... .. ... ... .. .I Local Land . Land Magistrate . .
Date:
NOTE: Depositions. Reasons for Decision and documents accepted as Exhibits to be attached
hereto. Land Mediators Certificate under Section 26 (t) should also be attached.
362
Sect. 53 PAPUA NEW GUINEA
Form 14
Land Disputes Settlement Act 1975
RECORD OF PROCEEDINGS (DISTRICT LAND COURT)
In the District Land Court at ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Before... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...........District Land
Magistrate on the... ... ... ... ... ... ... ... ... ... ... ... day of ... ... ...
... ... ... ... ..., 19 ... .......
1. assessors sitting with court:
2. Parties before the court (i) Appellant (ii) Respondent 3. Matter on
Appeal before the Court:
4. Witnesses heard:
5. Land inspected by the Court:
6. Decision of the court:
I certify that the above and any of the attachments hereto are a true record of
the proceedings of the District Land court.
... ..' .. '.' .'. . .District 'Land Magistrate
.'
Date:
NOTE: Depositions, Reasons for Decision and documents accepted as Exhibits to be
attached hereto.
363
Sect. 53
PAPUA NEW GUINEA Land Disputes
Settlement Act 1975
Form 15
RECORD OF PROCEEDINGS (DISTRICT LAND COURT)
In the District Land Court
at ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
Before ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... District Land
Magistrate On the...... ... ... ... ... ... ... ... ... ... ... ... ... ........day
of ... ... ... ... ... ... ... ... ... ..., 19 ... ... ... ... ... .. 1. Assessors sitting with court
2. Parties before the Court (i) Appellant (ii) Respondent
3. Matter on Appeal before the Court
4. Witnesses heard
5. Land inspected by the Court on the
6. Decision of the Court
I certify that the above and any attachments hereto are a true record of the proceedings
of the District Land Court.
... ... ... ..District Land '. ... ... ... ... ....
Magistrat
e Date:
NOTE: Depositions, Reasons for Decision and documents accepted as Exhibits to be
attached hereto.
23
Sect.69 PAPUA NEW GUINEA Land Disputes
Settlement Act 1975
Form 365
Notice of Hearing in the Local Land Court
To:
In the matter of a dispute
between... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... and
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....... ... ... ....over interests in land known as
... ... ... ... ... ... ... ... ... ... ... ... ... ...
The Hearing will commence in the Local Land Court at
... ... ... ... ... ... ... ... ... ... ... ... ... ... .... On the ... ... ... ... ... ... ... ... ... ... ... ... ... .....day ...
... ... ... ... ... ... ... ..., 19 ... ... ... ... ... ... ... ... at ... ... ... ... ... ... ... ... ... ......o'clock.
... ... ... ... .. Local Land '.. ... ... ...
365
Magistrate
Sect. 69
PAPUA NEW GUINEA Form 366
Land Disputes Settlement Act 1975
NOTICE OF HEARING IN THE PROVINCIAL LAND
COURT
TO:
In the matter of an appeal by ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
... .. against the decision of the Local Land Court dated the ... ... ... ... ... day of ... ... .,
19 ... ... in relation to interests in the land known as ... ... ... ... ... ... ... ... ... ... ... ... ...
... ...
The hearing will commence in the Provincial court on the ... ... ... ... ... ... ... ... ... ... ...
.... Day of ... ... ... ... ... ... ... ... ... ... ..., 19 ... ... ... ... ... ... ... ... ...
... at ... ... ... ... ... ....o'clock
. .. '.. .'. ... ... Provincial
Land Magistrate
25
CHAPTER 14.0 ADDITIONAL FORMS
14.1 BAIL ACT
List Of Forms
Section of Act or Regulation Description Page
Number
Bail Act Sec 5, 23 Bail certificate 1
Bail Act Sec 2 Bail certificate 2
Bail Act Sec 16 Reg 3 Certificate of Refusal to rant Bail 3
Bail Act Sec 19 Reg 4 certificate for Guarantor 4
PAPUA NEW GUINEA. Bail
Act 1977.
Act, Sec. 5,
23. Reg.,
Sec. 1.
BAIL CERTIFICATE.
Form 1.
To... of ...
WHEREAS you have been charged with (state nature of offence) and you are required
to be present at ... court on ... 20...
This is to certify that you are entitled to bail on the following conditions:
NOTE.-You are required to keep this certificate in your possession at all
times. Dated ... , 20... *Officer-in-charge of Police Station.
*Commissioned Officer of the Police
Force. Strike out whichever is
inapplicable. PERMIT TO LEAVE
COUNTRY. To
Notwithstanding the conditions on which bail was granted, you are hereby
granted permission to leave the country on the following conditions:
Dated ... , 20...
Judge of the ... ... ... ... ... ... ... ... ... ... ...
Court.
368
PAPUA NEW GUINEA. Bail
Act 1977.
Act, Secs. 7, S, 10, 11, 12,
23. Reg., Sec. 2.
BAIL CERTIFICATE.
Form 2.
To ... of ...
WHEREAS you have been charged with (state nature of offence) and you are required to
be present at ... ... court on..., 20 .
This is to certify that you are entitled to bail "' on adjournment of proceedings before conviction;
* after committal for trial or sentence;
"' after conviction and before sentence;
* after lodging appeal;
"' during hearing of appeal, on the following conditions:
Dated ... , 20...
court.
Place "X" in appropriate square. NOTE.-You are required to keep this certificate in your possession at all times.
PERMIT TO LEAVE COUNTRY.
To
Notwithstanding the conditions on which bail was granted, you are hereby
granted permission' to leave the country on the following conditions: -
Dated ... , 20...
Judge of the ... ... ... ... ... ... ... ... .. ... ... .....Court.
369
PAPUA NEW GUINEA.
Bail Act 1977.
Act, Sec.
16. Reg,
Sec. 3.
Form 3.
CERTIFICATE OF REFUSAL TO GRANT BAIL.
To ... of ...
WHEREAS you have been charged with (state nature of offence) and you are required to
be present at ... Court on ... , 20... , and the Bail Authority is satisfied on the following
grounds that
you will not appear at your trial if granted bail;
the offence charged was committed while you were on
bail; the offence you are charged with consists of
"` (a) a serious assault;
*. (b) a threat of violence to another person;
(c) having or possessing a firearm, imitation firearm, or
other offensive weapon or explosives;
* it appears you are likely to commit an indictable offence if you
are not in custody;
it is necessary for your own protection for you to be in
custody; it appears you are likely to interfere with witnesses or
with the person who instituted the proceedings;
* the alleged offence involves property of substantial value which has
not been recovered and it appears that if released you would make
efforts to conceal or otherwise deal with the property,
you are refused bail.
Dated ... , 20...
Place "X" in appropriate square.
Bail Authority.
370
PAPUA NEW GUINEA. Bail
Act 1977.
Act, Sec.
19. Reg
Sec. 4.
CERTIFICATE FOR GUARANTOR.
Form 4.
To (guarantor)
Bail has been granted to (state naare of person granted bail) on the
following conditions:
The amount set for bail which you have paid/undertaken to pay* is K
You have been approved as a guarantor to see that (name of person granted bail) appears
at the time and place set for his appearance and complies with any condition of his bail.
If (name of person granted bail) fails to appear at that time and place, or to comply with
any condition of bail, the amount set out above is liable to be forfeited.
Dated ... , 20...
Bail Authority.
Strike out whichever is inapplicable.
371
14.2
AR
REST ACT List of Forms Arrest Act
Section of Act or Regulation Description From
Number
Act, Sec. 8 and Reg., Sec. Warrant for Arrest 1
1(1).
Act, Sec. 9 and Reg., Sec. Warrant for Arrest 2
1(2).
Act, Sec. 10. *
Form 3.
Warrant for Arrest for Breach of Condition 3
Reg., Scc. 1(2). of Bail.
Act, Sec. 22(1)(c) and Reg., consent for Medical Examination. 4 Sec. 2(1).
Act, Sec. 22(3) and Reg., Sec. Order for medical Examination 5
2(2).
PAPUA NEW GUINEA. Arrest
Act 1977.
Act, Sec. 8.
Reg., Sec.
1(1). WARRANT FOR ARREST.
Form 1.
To: (a) (name of person) of (address):
(b) Officer-in-charge of Police at ...;
(c) All officers and members of the Police Force.
WHEREAS on information of (name) of (address) dated ...20..., stating that there are
reasonable grounds for believing that (name, address and occupation of persona named
in inforntation)
(a) has committed an offence in Papua New Guinea; and
(b) that his arrest is necessary
r to ensure his appearance in court to answer a charge for the offence; or
r to prevent the continuation or repetition of the offence or the commission
of a further offence; or
r to preserve the safety or welfare of a member of the public or of
him, in respect of (state nature of information)
YOU ARE THEREFORE ORDERED to arrest the abovenamed (insert name of
person) and to bring him before the Court to answer to the information and to be
further dealt with according to law.
Dated ... 20 .
Magistrat
e. District
court. * Place "X" in appropriate square.
This form not for use in proceedings in Local Court.
7
PAPUA NEW GUINEA. Arrest
Act 1977.
Form 2. Act, Sec. 9.
Reg., Sec.
1(2).
WARRANT FOR ARREST.
To:
(a) (name of person) of (address).
(b) Officer-in-charge of Police at
(c) All officers and members of the Police Force. WHEREAS on the complaint of (name) of (address) dated ...20... , it is
considered necessary by this court to arrest (name, address and occupation of
person named in complaint) in respect of (state nature of complaint)
YOU ARE THEREFORE ORDERED to arrest the abovenarned (insert name of
person) and to bring him before the court to answer to the complaint and to be further
dealt with according to law.
Dated ... , 20 .
Magistrate
. Local
Court. * This form is for use in proceedings in Local court.
PAPUA NEW GUINEA.
Arrest Act 1977.
Act, Sec. 10.
Reg., Sec.
l(2).
WARRANT FOR ARREST FOR BREACH OF CONDITION OF BAIL.
Form 3.
To:
(a) (name of person) of (address);
(b) Officer-in-charge of Police at
all officers and members of the Police Force.
WHEREAS on information of (name) of (address) dated ...20..., stating that there are
reasonable grounds for believing that (name, address and occupation of person named
in information) is in breach of a condition of his bail
YOU ARE THEREFORE ORDERED to arrest the abovenamed (insert name of
person) and to bring him before the court to answer to the information and to be
further dealt with according to law.
Dated, 20 Magistrate. District court. "This form not for use in
proceedings in Local court.
PAPUA NEW GUINEA.
Arrest Act 1977.
Act, Sec.
22(1)(c). Reg.,
Sec. 2(1). CONSENT FOR MEDICAL EXAMINATION.
Form 4.
To the Officer-in-charge ... Police Station.
I, ... of ... give my consent to he medically examined in connection with the alleged
offence for which I am in custody.
Dated..., 20 .
(Signature.)
Witness:
PAPUA NEW GUINEA.
Arrest Act 1977.
Act, Sec.
22(3). Reg.,
Sec. 2(2).
ORDER FOR MEDICAL EXAMINATION.
Form 5.
To commissioned Officer of the Police Force; or
Officer-in-Charge of Police Station at ...
Oil having reasonable grounds for belief that a medical examination of (name)
being a person in custody in respect of an offence, will provide evidence relating
to the offence for which he is in custody
YOU ARE HEREBY ORDERED to arrange for a medical examination of (name) by a medical practitioner.
Dated ..., 20...
Magistrate.
court.
11
14.3 SUMMARY EJECTMENT ACT FORMS
Section of Act or Regulation Description From Number
Act, Sees. 3(3), 4(6), 5(3), 6(2).Reg., Sec. 2(1).
Warrant to Member of the Police Force to Enter and Give Possession
1.
Act, Sec. 5(1).Reg., Sec. 2(2). Warrant to Member of the Police Force to Enter and Give Possession.
2.
Act, Sec. 1 LReg., Sec. 3(t). Bond 3.
Act, Sec. 11(3).Reg., Sec. 3(2).
Memorandum to be written on or annexed to a Bond.
4.
PAPUA NEW GUINEA.
Summary Ejectment Act 1952.
Form 1. Act, Secs. 3(3), 4(6), 5(3),
6(2). Reg., Sec. 2(1).
WARRANT TO MEMBER OF THE POLICE FORCE TO ENTER AND GIVE POSSESSION.
In the District Court at
To, . . . , a member of the Police Force.
Whereas (set out the complaint, etc).
You are therefore directed on any day within ... days from the date of this warrant
(or immediately or on or before ... 20..), between 9 a.m. and 4 p.m. on any day to enter,
by force if necessary and with or without the aid of (name of landlord or owner) or
any other person whom you may think necessary to call to your assistance, into and
upon the premises the subject of the complaint and to eject any person, and deliver full
and peaceable possession of the premises to (name of landlord or owner).
Dated ... 20...
By the court
t or
Magistrate.
PAPUA NEW GUINEA.
Summary Ejectment Act 1952.
Act, Sec.
5(1). Reg.,
Sec. 2(2).
Form 2.
WARRANT TO MEMBER OF THE POLICE FORCE TO ENTER AND INSPECT.
In the District court at
To . . . , a Member of the Police Force.
Whereas it has been proved to the court that . . . , a tenant holding (describe premises)
at a rent under a demise or an agreement is in arrear for two months and has deserted
the premises and left them uncultivated or unoccupied so that no sufficient distress can
be had to countervail the arrears of rent; You are therefore directed between 9 a.m. and
4 p.m. on any day to enter into and inspect the premises and to affix or cause to be
affixed on some conspicuous part of the premises a written notice stating that on ...
20... (not being sooner than 14 days from the affixing of the notice) you will return to
inspect the premises a second time.
By the court
or
Magistrate.
Dated ... 20...
PAPUA NEW GUINEA.
Summary Ejectment Act 1952.
Form 381. Act, Sec.
11. Reg., Sec. 3(1). BOND.
We ... ... ....of... ... .....and... ... ... of ... .....are jointly and severally bound
to ... ... ... of ... ... ... .. in the sum of K... ... ....to be paid to ... ... ... ... ... or his
executors or administrators, for which payment we bind ourselves, and our heirs,
executors and administrators, jointly, and each of us binds himself and his heirs,
executors and administrators severally.
Signed, sealed and delivered).on... .../.......20...)... ... ... by) ... ... ... .....and)... ... ... ... in
the presence of) ... ... ... ... ... ... ... ... ..
Whereas under the Summary Ejectment Act the District court at ... on ... 20... on hearing
the matter of a complaint by ... ordered ... to deliver up possession (describe the premises
as in the complaint) to the complainant on or before ... 20... (or issued a warrant to put
the complainant into possession of (describe premises as in the complaint)
And Whereas at the time when the order was made (or the warrant was issued) ... (insert
name of the defendant) offered to give security to defend an action of ejectment or other
appropriate action against him for recovery of possession of the premises in the National
Court to be brought by or on behalf of the complainant.
And Whereas the District court in accordance with the provisions of that Act directed
that the sum of money in which the bond should be given should be the sum of K ... and
the District court has approved ... and ... as two responsible persons to enter into the
bond.
Now the condition of this bond is such that if the complainant or his heirs, executors or
administrators fails in the action, or if he succeeds in the action and ... or his executors
or administrators, or any person on his behalf, pays to the complainant or his heirs,
executors or administrators all costs of suit awarded to or recovered by the complainant,
or his heirs, executors or administrators, in the action and all mesne profits of the
premises accruing between the time of the making of the order (or the issue of the
warrant) and the time when the complainant or his heirs, executors or administrators
obtain possession of the premises by virtue of the action, then this bond is void.
Signed, sealed and delivered) ... on ... ... ..../... ... .20 ...)... ... ... ... by) ... ... .. .
.....and) in the presence of) ... ... ... ... ... ... ... ....
PAPUA NEW GUINEA.
Summary E,jectment Act 1952.
Form „, n. Act, Sec. 11(3). Reg., Sec. 3(2).
MEMORANDUM TO BE WRITTEN ON OR ANNEXED TO A BOND.
The District Court at ... certifies that it approves the within (or annexed) bond. Dated .... 20...
By the Court
Or
Magistrate.
CHAPTER 15.0 PRACTICE DIRECTIONS
15.1 FORFEITURE OF BAIL MONIES - DISTRICT COURTS
PRACTICE DIRECTION FOR THE FORFEITURE OF BAIL MONIES
AS A RESULT OF DEFENDANTS NON ATTENDANCE AT COURT
18 September 2002
Practice Direction No of 2002
General: This Practice Direction relates to the practices and procedures of Magistrates and
Court officers when dealing with the forfeiture of bail monies as a result of the failure of
accused persons to appear at Court whilst on bail.
Commencement: This Practice Direction comes into force forthwith.
Purpose:
Currently bail monies are not routinely forfeited upon a Warrant of Arrest being issued for
the failure of an accused to attend court whilst on bail. In most instances, the Warrant of
Arrest is issued and the decision of the bail monies is set aside until the accused person is
arrested. Unfortunately the re-arrest rate for Warrants of Arrest is minimal. This results in
the decision relating to the forfeiture or non-forfeiture of bail monies never being
determined.
Procedure
(1) If an accused person fails to attend Court whilst on bail, the police prosecutor
will ask for a Warrant of Arrest to be issued for apprehension of the accused person.
(2) Unless unusual circumstances prevail, the matter is to be adjourned to a
specific date approximately one month ahead. The question of the accused bail
monies is reserved to that date. The purpose of the adjournment is to give the police
an opportunity to arrest the accused person and bring the accused person before the
Court on the adjourned date.
(3) If the accused person is arrested prior to the adjourned date the matter can be
relisted and mentioned before the court at any convenient time.
(4) Whether the Warrant of Arrest has been executed or not, on the adjourned
date, the Magistrate shall, where possible, determine the question of forfeiture or
nonforfeiture of the accused bail monies.
In determining whether bail should be forfeited Section 12(a) of the Bail Act should be
referred to.
It states that:
"A person granted bail
Shall appear at the time and place specified by the bail authority and at every time and
place to which, during the course of the proceeding, the hearing may be from time to time
adjourned".
1. The issue of the substantive charge(s) for which the accused was originally arrested is
to be relisted and determined upon the Warrant of Arrest being executed, and the
accused person being bought before the Court.
2. The Clerk of Courts is to ensure that if bail is forfeited the correct notification is
forwarded to the Department of Finance.
3. The form attached to this practice direction, is the notification to be used when
notifying the Department of Finance that an accused persons bail is to be forfeited.
Dated this day of 2002
Chief Magistrate
FORFEITURE OF BAIL
District
Court Phone
Number
Date
First Assistant Secretary
Public Accounts
Division Department of
Finance Vulupindi Haus
P.O. Box 710
Waigani NCD
Attention
Please note that the District Court on the day of
200- ordered that the following persons have
their bail monies forfeited because of failure to attend Court.
Court File
Number Defendants Name Magistrate
Amount of Bail to be
Forfeited.
Official Receipt
Number
Attached to this notification is the official receipt(s) for the bail.
The above mentioned bail monies can now be transferred from the Trust Fund
Suspense account into Consolidated Revenue vote No, 123/4.
I certify this to be a true and correct copy of the Order of the Court.
Made this day of 200
Clerk of Court
15.2 PLACING OF COURT
DISTRICT COURTS
PRACTICE DIRECTION FOR THE PLACING OF COURT DETAILS
FOR PUBLIC VIEWING IN ADVANCE OF COURT HEARINGS.
18 September 2002
Practice Direction No of 2002
General: This practice direction describes the practices and procedures for
Magistrates and Court Officers for the posting of court details on Court-house public
notice boards prior to the days hearings commencing.
Commencement: This Practice Direction comes into force forthwith.
Purpose:
This Practice Direction is designed to assist Magistrates and Court Officers in ensuring that
maximum use is being made of Court facilities. It will assist in notifying court users in
advance of courtroom allocation, in turn reducing counter inquiries at Court Registries and
provide a greater service to the public by increasing the public confidence in the courts
ability to manage it's affairs.
Procedure
1. Magistrates are to decide on the day prior to a case commencing within which courtroom
the case is to be heard.
2. Court Officers shall obtain from Magistrates the day prior to a Court sitting
the courtroom allocation of all the matters the Magistrate will hear.
3. The Clerk of Courts at each Court shall ensure that the Court details as per the pro-
forma document attached to this Practice Direction are posted on the Courts Public
Notice Board prior to the commencement of the days Court sittings.
Dated this day of 2002
Chief Magistrate
4
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