ORDER 2.-ADMINISTRATIVE MATTERS.

Division 1.-Sittings and Vacations.

1. Sittings of Court.

The sittings of the Court shall be held at such time or times as may be determined by the Court.

2. Postponement of sittings in Judge's absence.

(1) If, at the time of any sitting of the Court, a Judge is not present at the place of sitting, a Judge may direct that the hearing be postponed to another time or another place.

(2) Any direction given under Sub-rule (1) may be communicated to the parties or their representatives by telephone or telegram.

3. Vacation.

(1) There shall be a vacation in each year from 20 December to the following 31 January, both inclusive.

(2) Any Judge may sit in vacation for another and may in vacation exercise any authority which any other Judge might exercise if he were present and sitting in Court.

(3) The time of the vacation shall not be reckoned in the times appointed or allowed by these Rules for filing, delivering or amending any pleading unless so directed by a Judge nor shall a pleading be delivered or amended, nor judgement be entered in default, unless under the direction of a Judge.

Division 2.-The Registry.

4. Custody of seal and stamp.

The seal and stamp of the Court shall be in the custody of the Registrar and shall, when not in use, be kept under lock and key.

5. Affixing of seal and stamp.

The seal or the stamp shall be affixed by the Registrar to such documents as are by these Rules authorized to be sealed or stamped.

6. Custody of records.

The Registrar shall have the custody of all records of the Court and of all documents filed in the Registry or ordered to be deposited in the Registry for safe custody or to be impounded.

7. Supervision of officers.

The Registrar shall have the general supervision of the officers employed in the Registry.

8. Duties of Registrar.

All acts and things which by these Rules are required to be performed and done in the Registry shall be done by the Registrar or officers employed in the Registry.

9. Judge may direct Registrar. (61/2)

A Judge may direct the Registrar to do, in any proceedings, any Act relating to the duties of his office.

10. Signing and filing of documents.

Documents may be signed for the Registrar and documents may be received or filed by any clerk in the Registry to whom such duties are assigned.

11. Registry hours. (2/6)

(1) The Registry shall be open to the public for business every day of the year except Saturdays, Sundays and Court holidays.

(2) The Registry shall be open from 8.00 a.m. to 12.00 noon and 1.00 p.m. to 3.30 p.m.

12. Opening of Registry outside business hours. (2/6)

Where any party or practitioner or any person having any interest in any proceedings pending or about to be commenced has any proper business to transact with the Registrar at any time when his office is not open to the public which business for any reason could not be transacted when the office is next to be opened in the normal course or which might if so transacted involve the person concerned or any other person in serious risk of prejudice that person may, on payment of a fee of K5.00, require the Registrar to open his office to transact the business in question at some proper and convenient time.

13. Judge may direct Registrar to open Registry.

A Judge may, on sufficient cause being shown to him, direct the Registrar to open his office for the transaction of business at any specified time and for any specified period when it would not otherwise be open for business and may if he sees fit fix a special fee to be paid by any person to be specified in the order.

14. Court holidays.

For the purpose of this Rule, Court holidays include -

(a) any day observed as a public holiday as defined in Section 3 of the Interpretation Act 1975; and

(b) any day specified by these Rules or by resolution of the Judge to be a Court holiday; and

(c) any part of a day during vacation when the Registry is closed.

15. Register of documents filed.

There shall be kept in the Registry a register of all documents filed and all proceedings taken in any cause or matter showing the dates on which such documents are filed or such proceedings taken.

16. Searches.

A person may search the records of the Court and obtain from the Registrar a certified copy of record of the Court on satisfying the Registrar that he has good and sufficient reason for so doing, and on payment of the prescribed fee.

17. Records, etc., not to be removed.

An original record of the Court or document or thing produced under summons shall not be taken from the Registry without the order of a Judge

18. Review of Act or decision by Registrar.

Any Act or decision of the Registrar may be reviewed by a Judge who may make an order by way of confirmation, variation or otherwise as he thinks fit.

19. Date of filing.

The date of filing shall be written by the Registrar on every document which is filed.

20. Serial number.

(1) The first document filed in any proceedings shall have a serial number assigned to it in the Registry and that and each other document in the proceedings shall bear that number together with a reference to the calendar year in which the first document is filed.

(2) A new series of numbers shall be commenced at the beginning of each calendar year.

21. Distinguishing marks on documents.

Every judgement, order, certificate, petition, affidavit, or document made, presented, filed or used in any cause or matter shall be distinguished by having plainly written or stamped on its first page the year and the number by which the cause or matter is distinguished in the Cause Book.

Division 3.-Documents.

22. Heading.(65/1)

A document in any proceedings shall be headed In the National Court of Justice and shall show the year and serial number of the proceedings.

23. Title.

A document in any proceedings between parties shall be entitled between the parties, and not otherwise.

24. Title where there is no defendant.

Subject to any rule to the contrary, a document in any proceedings in which there is no defendant shall be entitled The Application of together with the name of the plaintiff, and not otherwise.

25. Abbreviation of title.

Except in the case of an originating process, a document to be served on a person not a party to the proceedings or a minute of a final judgement or final order, may bear an abbreviation of the title of the proceedings sufficient to identify the proceedings.

26. Paper and writing. (65/2)

(1) This Rule applies to a document prepared by a party for use in the Court, except to the extent that the nature of the document renders compliance impracticable.

(2) A document shall be on paper of good and durable quality, capable of receiving ink writing, and of the size known as international paper size A4, that is to say, measuring approximately 297 mm long by 210 mm wide.

(3) The writing on a document shall be on one face of the paper only and a margin of not less than 51 mm shall be kept clear on the left-hand side.

(4) There shall be a space of not less than 3mm between the lines of writing.

(5) The writing shall be clear, sharp, legible and permanent.

(6) A carbon copy shall not be filed.

(7) A document shall not be filed if it bears any blotting, erasure, or such alteration as to cause material disfigurement.

(8) The document shall be folded lengthwise.

27. Backsheet. (65/3)

(1) A document prepared by a party for use in the Court shall have a backsheet -

(a) headed In the National Court of Justice, and

(b) showing -

(i) the year and serial number of the proceedings; and

(ii) the title of the proceedings or an abbreviation of a title\ of the proceedings sufficient to identify the proceedings; and

(iii) a description of the document; and

(iv) the name, address and telephone number of the solicitor for the party and, if the solicitor acts in the proceedings by an agent, the name, address and telephone number of the agent.

(2) Where a party preparing a document for use in the Court is not represented by a solicitor, Sub-rule (1)(b)(iv) does not apply, but the backsheet shall show the name and address for service of the party and the telephone number of the party.

(3) The backsheet of an affidavit shall be endorsed with the name of the deponent and the date of swearing.

28. Numbers. (65/4)

Dates, sums and other numbers shall be expressed in figures and not in words.

29. Scandal, etc. (65/5)

The Court may order to be struck out of any document any matter which is scandalous, frivolous, vexatious, irrelevant or otherwise oppressive.

30. Signing of documents. (65/8)

A copy of or a pleading, summons, notice of intention to defend, notice of motion, notice of appeal, statement, request, requisition, undertaking, list, account, note or other notice to be filed or served by a party or other person in any proceedings shall be signed by his solicitor or by him, if he has no solicitor.

Division 4.-Sheriff.

31. Default. (62/4)

(1) Where the Sheriff defaults by not executing any process according to its tenor, he shall be liable to punishment as if in contempt of Court.

(2) Order 14 Division 6 (contempt) applies to the punishment of the Sheriff under this Rule as if his default were contempt of Court.

32. Security for costs.

In every action against the Sheriff for anything done or omitted to be done by him in the intended execution of his duty, the plaintiff shall be compelled to give security for costs.

Division 5.-Solicitors.

33. Power to act by solicitors. (66/1)

(1) Every matter or thing which under an Act or these Rules is required or allowed to be done by a party may be done by his solicitor.

(2) Sub-rule (1) does not apply where the context or subject matter otherwise indicates or requires.

34. Adverse parties. (66/2)

Where a solicitor or his partner acts as solicitor for any party to any proceedings, or is a party to any proceedings, that solicitor shall not, without leave of the Court, act for any other party to the proceedings not in the same interest.

35. Change of solicitor. (66/3)

(1) Where a solicitor acts for a party in any proceedings, the party may change his solicitor.

(2) Where a party changes his solicitor, he shall file notice of the change and serve the notice on the other parties and, where practicable, his former solicitor.

36. Change of agent. (66/4)

Where a solicitor (in this Rule called the principal solicitor) acts for a party in any proceedings and another solicitor acts as agent for the principal solicitor in the proceedings and the principal solicitor changes the solicitor acting as agent, the party shall file notice of the change and serve the notice on the other parties and on the former agent solicitor.

37. Appointment of solicitor. (66/5)

Where a party acts for himself in any proceedings and afterwards appoints a solicitor to act for him in the proceedings, the party shall file notice of the change and serve the notice on the other parties.

38. Removal of solicitor. (66/6)

(1) Where a solicitor acts for a party in any proceedings and afterwards the party determines the authority of the solicitor to act for him in the proceedings -

(a) the party shall file notice of the change and serve the notice on the other parties and on his former solicitor; and

(b) the former solicitor may file notice of the change and serve the notice on the parties.

(2) Sub-rule (1) does not apply to a case to which Rule 35 applies.

39. Withdrawal of solicitor. (66/7)

(1) Where a solicitor acts for a party to any proceedings and afterwards ceases to act, the solicitor may, subject to Sub-rule (2), file notice of the change and serve the notice on the parties.

(2) A solicitor shall not file or serve notice of a change under Sub-rule (1) without leave of the Court unless he has, not less than seven days before doing so, served on his former client notice of his intention to file and serve the notice of change.

(3) A solicitor filing a notice of change under Sub-rule (1) shall, except where the notice is filed with the leave of the Court, file and serve with the notice an affidavit showing service in compliance with Sub-rule (2).

(4) A solicitor may serve a notice under this Rule on his former client by posting it to the former client at the residential or business address of the former client last known to the solicitor.

40. Effects of change. (66/8)

A change of which notice is required or permitted to be filed under any of Rules 35, 36, 37, 38 and 39 shall not have effect as between a party or solicitor to which the change relates on the one hand and the Court or any other party on the other hand until notice of the change is filed and, as regards any other party, served on that other party.

Division 6.-Fees.

41. Fees.

(1) The fees prescribed by Schedule 2 shall, in respect of the matters to which they relate, be taken -

(a) in the Court, or

(b) by the several officers of the Court, or

(c) by a Commissioner or other person appointed to take evidence, as the case may be.

(2) Subject to the succeeding Rules of this Order, a document shall not be filed, issued, sealed or otherwise dealt with unless all fees chargeable on or in respect of that document, or in respect of filing, issuing, sealing, or dealing with that document, have been paid.

(3) The Registrar shall, immediately on payment of any fee on or in respect of any document, or in respect of the filing, issuing, sealing, or dealing with any document, mark in the margin of the document the amount of the fee paid and the date of payment, and the person paying that fee shall see that the marking is duly made.

42. Reduction, waiver or deferral of fees.

Where it appears to the Registrar that the payment of any fee referred to in Rule 41 would, owing to the circumstances of the particular case, involve undue hardship, the Registrar may reduce, waive or defer the fee in that particular case.

43. Conventions.

Where by any convention it is provided that no fee shall be required to be paid in respect of any proceedings, the fees referred to in Rule 41 shall not be taken in respect of those proceedings.

Division 7.-Funds in Court.

44. Deposit. (50/1,2)

(1) Subject to Rule 47, where money is paid into Court, the Registrar shall, within two days after the date of payment into Court, deposit the money to the credit of an account appointed by the Minister for Justice.

(2) Money deposited under Sub-rule (1) shall not be withdrawn or paid from the account except by the authority of these Rules or of a judgement or order.

45. Withdrawal. (50/3)

(1) Money deposited under Rule 44 shall not be withdrawn or paid from the bank except by authority of a direction in accordance with Sub-rule (2).

(2) A direction under Sub-rule (1) -

(a) may be in the form of a cheque; and

(b) shall be for payment to a specified person; and

(c) shall bear the title (or a shortened title) and serial number of the proceedings in which the order is made; and

(d) shall be signed by the Registrar and by such officer as the Minister for Justice may appoint for that purpose.

(3) Notwithstanding Sub-rules (1) and (2), a bank shall not be bound to inquire whether the requirements of Rule 44 or of Sub-rule (2)(c) and (d) have been satisfied.

46. Account. (50/4)

Where money is deposited in a bank under Rule 44 in any proceedings, the Registrar shall keep an account in the proceedings of the deposit and of all withdrawals (including withdrawals of interest) from the bank in the proceedings.

47. Investment. (50/5)

The Court may direct that funds paid into Court be invested in such funds or securities as are from time to time authorized by a law of Papua New Guinea as funds or securities in which a trustee may invest trust funds.

48. Interest. (50/6)

(1) Where money is paid into Court as security for costs or as security on an appeal, or is paid into Court pursuant to Order 8 Division 6 interest on the money shall not be paid to any party.

(2) Where money is paid into Court pursuant to an order to abide the decision in the proceedings, interest on the money shall not be paid to any party unless the Court otherwise orders.

(3) Where the Registrar collects interest on funds invested under Rule 47, the Court may direct to whom the interest shall be paid.

49. Authority of recipient. (50/7)

Subject to these Rules, funds in Court shall not be paid out of Court except to the party entitled or, on his written authority or by order of the Court, to his solicitor.

50. Discharge of Registrar. (50/8)

(1) Any direction, cheque or other document for the payment of money out of Court shall, when signed by the payee, be a discharge to the Registrar for the money.

(2) Sub-rule (1) does not prevent the Registrar from requiring a receipt for any payment by him.

51. Death of payee. (50/9)

(1) Where, by any judgement or order, the Court directs the payment to any person of any funds in Court, and it appears to the Registrar that that person has died after the date on which the judgement or order took effect and that probate of his will or letters of administration of his estate have been granted to an executor or administrator, then, unless the judgement or order otherwise directs, the Registrar may pay the funds in Court to the executor or administrator.

(2) Where the person to whom the funds in Court are payable is entitled under a direction for payment to creditors, shareholders or debenture holders as such, the Registrar may pay under Sub-rule (1) notwithstanding that it appears to him that that person died on or before the date on which the judgement or order took effect.

(3) Subject to Sub-rule (4), this Rule does not authorize payment where the person to whom payment is directed appears to the Registrar to have been entitled as trustee, executor, administrator or otherwise not in his own right and for his own use.

(4) The Registrar may, under this Rule, pay funds in Court to an executor of the will of the person to whom payment is directed if it appears to the Registrar that that person was entitled as sole or sole surviving executor.

52. Payment to partners. (50/10)

Where by any judgement or order, the Court directs the payment of money in Court to any persons described in the order as partners, or as trading or carrying on business in the name of a company or firm, the Registrar may, unless the judgement or order otherwise directs, pay the money to any one or more of those persons or to the survivor of them.

53. Payment to executors or administrators. (50/11)

Where, by any judgement or order, the Court directs the payment of funds in Court to persons described in the judgement or order as executors or administrators, the Registrar may, unless the judgement or order otherwise directs-

(a) if it appears to him that any of them died after that date on which the judgement or order took effect-pay the funds in Court to the survivor of them, and

(b) if it appears to him that any of them died on or before the date on which the judgement or order took effect, but they are described in the judgement, order or certificate as executors of the will or administrators of the estate of a creditor, shareholder or debenture holder-pay the funds in Court to the survivor of them, and

(c) if the funds in Court are money not exceeding K300.00-pay the money to any of them.

54. Payment by post. (50/12)

(1) Where any person is entitled to payment of any money in Court, he may give to the Registrar a request to send to him by post at a specified address a cheque for the money in a specified form.

(2) Where the Registrar sends a cheque in accordance with a request under Sub-rule (1), payment of the cheque shall be a discharge to the Registrar.

Division 8.-Court Dress

55. Court dress

Counsel shall appear in court wearing a long-sleeved clean ironed opaque white shirt or blouse with collar (a collarless blouse or shirt is not acceptable) closed at the throat and dark blue or black trousers or skirt and black business shoes or dark blue or black sulu and black sandals with counsel’s gown and white bib (tabs). A wig is optional.

56. Interpretation

In Rule 55 “Counsel’s gown” means a black gown reaching to the knees with the material gathered/pleated across the shoulder blades, open at the front and generously loose long sleeves with the sleeve material gathered at the inner bend of the forearm, generally in a design worn in similar jurisdictions or approved by the Council of the Law Society.

Division 9.-Practice Directions

57. Practice directions

The Registrar may, in consultation with the Chief Justice, issue a practice direction in relation to any matter concerning these Rules to clarify the procedure and application or to otherwise explain or regulate any matter concerning the Rules.