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National Court Listings Rules 2005

PAPUA NEW GUINEA

NATIONAL COURT OF JUSTICE

NATIONAL COURT LISTINGS RULES 2005

LISTINGS RULES 2005

Pursuant to Section 184 of the Constitution and Section 8 of the National Court Act (Chapter No. 38) and all other powers thereunto enabling, the following rules prescribing the practice and procedure of the National Court of Justice relating to the conduct of civil cases shall come into force on a date specified in the Rules.

These Rules are in addition to and form part of the procedure for pre-trial preparation and listing cases for trial contained in the National Court Rules.

Dated and signed by the Judges on this 27th day of September 2005.

Chief Justice, Sir Mari Kapi, Kt; CSI
Deputy Chief Justice, Sir Salamo Injia, Kt.
Justice Sir Kubulan Los, Kt.
Justice Timothy Hinchliffe, CBE
Justice Gibbs Salika, OBE
Justice Moses Jalina, OBE
Justice Bernard Sakora, CBE
Justice Mark Sevua
Justice Don Sawong, MBE
Justice Nicholas Kirriwom
Justice Les Gavara-Nanu, OBE
Justice Ambeng Kandakasi
Justice Ellenas Batari, MBE
Justice Catherine Davani
Justice Salatiel Lenalia
Justice Panuel Mogish
Justice Greg Lay
Justice David Cannings
Justice George Manuhu
Justice Kingsley Allen David
Justice Sao Gabi

Order 10 Division 1 (Setting down for trial) of the National Court Rules is amended by inserting the following:

"9A. - Listings Rules 2005

Purpose

These Rules include a consolidation of all previous Practice Directions and Notes issued by the Registrar between 1983 to 2004 in relation to call – over and listing of all civil cases, except, for Appeal, Judicial Review, Commercial and Election Petition cases. Those previous Practice Directions & Notes are contained in Civil Jurisdiction Bulletin 2004. As from the date of coming into operation of this these Rules, those practice directions & notes will cease to apply.

These Rules are in addition to the provisions of Order 10 Div. 1 (rr 1-9) of the National Court Rules relating to pre-trial preparation and setting down cases for trial. They are intended to improve the disposition of civil cases in a quick, fair and cheap manner.

1. INTERPRETATION

The following words or abbreviations unless the context otherwise suggests –

"Listing process" means, the process set out in this Practice Direction and in particular, Mentions, Directions Hearing, Pre-trial Conferences and Status Conferences.

"List" means matters on the Listings List., Mentions List & Directions List

2. JUDGE

The Chief Justice may assign a judge (s) as determined in the Annual Circuit Calendar to conduct listings in all civil cases except for, appeals, judicial review, commercial and election petition matters.

3. CALL-OVERS

The Registrar will not produce a call-over list and conduct call-over of civil matters. Instead, all matters already filed and pending before the Court as well as those that are yet to be filed, will be dealt with in the manner outlined hereunder.

4. FILE REFERNCE

Civil matters bearing the following file reference shall be listed for directions before the listings judge:

5. COURT LISTS

(1) The Registrar shall maintain a general civil list of all civil cases (other than Appeal, Judicial Review, Commercial and Election Petition cases) filed and pending in the National Court.

(2) The Registrar shall compile such other lists as directed by the judge including a list containing cases in which a Notice to Set Down for Trial/hearing has been filed and the case is ready for pre-trial directions.

6. NOTICE TO SET DOWN FOR TRIAL

(1) Where a Plaintiff wishes to file a Notice to Set Down for Trial he may do so after lapse of 6 weeks from the close of pleadings (after all interlocutory processes have been completed). He shall first write to the other parties to notify them that he is going to do this. Such letter can be sent at any time after pleadings are closed.

(2) The other party or parties may then do any of the following:

(a) Advise the Plaintiff in writing that they are not ready to have the matter set down for trial and specify the reasons in writing (a copy of the letter should be sent to the Registrar to be placed on the Court file); or

(b) Arrange to endorse the Notice to set Down (or Notice of Hearing or Notice of Appointment for the Hearing), with the following words:

"I agree that the matter is ready to proceed, pleadings have closed and there are no further interlocutory steps to complete prior to the Notice to Set Down for Trial (or such Notice as is appropriate) is filed".

The endorsement must be signed by the lawyer or the party and the name of the lawyer party must appear below the signature. It must not be signed or initialed by the Law firm as it is incapable of having a signature.

(c) Send a letter to the other party (with a copy to the Court) agreeing in the terms set out in (b) above that the matter is ready to set down for trial.

(3) If the Plaintiff wishes to set a matter down where the Defendant says (in writing or by sending a letter) the matter is not ready, he or she shall apply by Motion, before the Listings Judge, for leave to be given for a Notice to Set Down for Trial or for such other orders as may seem appropriate.

7. MENTIONS

(1) All matters that have been filed and have progressed passed the pleadings and interrogatories and are pending before the National Court shall be specifically mentioned by the Court each Mondays on a date and time the Court may fix with sufficient notice to the parties, commencing with the earliest filed date of the originating process.

(2) Where necessary, the Registrar shall give notice of Mention or Directions hearing in accordance with the form provided in Schedule "A".

(3) The Registrar shall produce at least 7 days before the date set for mention a mentions list and circulate the list to all of the parties.

(4) At the mention, the Court will consider, amongst other things, the following –

(a) Legal representation of the parties;

(b) The Courts jurisdiction and locus standi and the capacity of the parties to sue and be sued;

(c) Sufficiency of pleadings and the need for further pleadings;

(d) Whether any condition precedent to the action or statutory time bar issues arise;

(e) Whether there are any related proceedings and their consolidation;

(f) Nature of the case;

(g) Joinder of all necessary and relevant parties and causes of action;

(h) Any cross-claim or set-off;

(i) Whether parties have attempted out of court settlement.

(j) An identification of the relevant factual and legal issues raised in the proceedings;

(k) Whether any documents will be relied upon and any need for discovery of documents;

(l) Whether any expert or independent assessment is required;

(m) The likely length of time for trial and time within which the matter is likely to be ready for trial;

(n) Number of witnesses the parties wish to call and their relevance and necessity;

(o) Filing of any witness statements and or affidavits;

(p) Issue of witnesses summonses.

(q) Whether parties wish to file statement of agreed and or disputed facts and issues for trial.

(r) Medium and or mode of giving evidence;

(s) Any requirement for translation;

(t) Whether any further interlocutory steps need to be completed before trial.

(u) The necessity to transfer the proceedings to a different Court or venue;

(v) Preparation and compilation of a pleadings book as required by Order 10 rule 8 of the National Court Rules which contains, amongst other relevant documents, the Originating Process, Statement of Claim, Defence (& Cross Claim if any), Reply (& Defence to Cross Claim if any), Reply to Defence on Cross Claim if any, and Further and Better Particulars.

(w) The date, time and venue for pre-trial conference; and

(x) Such other matters as may aid in the prompt disposition of the matter.

(5) After the completion of the mentions in accordance with sub-rule (4) and within 7 days from the close of pleadings for all other matters filed and pending, the Court shall similarly mention those matters.

(6) In a case where there has been no activity since filing or after the last activity there has been no further meaningful activity, the Court will deal with the matter summarily in accordance with procedure set out in Rule 16.

(7) If the parties are ready and able to assist the Court when a matter goes before the Court on mention or where the Court considers appropriate to do so, it may issue such orders and directions as it considers appropriate in relation to the matters set out in sub - rule (4).

(8) Where the parties are not ready to assist the Court at the mention, the Court shall fix a date within 14 days from the date of the mention for directions hearing.

8. DIRECTIONS HEARING

(1) At the Directions Hearing, the Court shall consider and give orders and directions in relation to the matters set out in Rule 7 (4) and fix a date for Pre-trial Conference.

(2) The Registrar shall produce at least 7 days before the date set for Directions Hearing, a Directions Hearing List and circulate it to the parties and the public.

9. PRE-TRIAL CONFERENCE

(1) The Court shall conduct a Pre-trial Conference within 21 days from the date of directions hearing.

(2) At the Pre-trial Conference the Court shall inquire into and ensure compliance of the orders and directions given at the Directions Hearing under Rule 7 & 8 and may amongst others:

(a) Confirm legal representation;

(b) Confirm correctness of the Pleadings Book;

(c) Confirm the issues for trial;

(d) Ascertain and confirm the number of witnesses and the length of their evidence;

(e) Ascertain filing of Statement of agreed and disputed facts and legal issues in the form in Schedule "B".

(f) Direct filing and service of notices under Section 34 and 35 of the Evidence Act.

(g) Issue summonses for witnesses.

(h) Direct filing extract of submissions where appropriate.

(i) Fix a date or dates for trial; and

(j) Fix a date for a status conference.

(3) Immediately upon the judge fixing a trial date(s), the Registrar shall issue to all the parties a Notice of Trial/Hearing or Appointment for the Hearing.

(4) Upon completion of the Pre-trial conference, the Judge’s Associate shall record a summary of the pre-trial details in the form in Schedule "C" and place it on the file.

10. STATUS CONFERENCE

A status conference shall be conducted by the trial judge on the first day of the circuit month to confirm that all relevant directions and orders issue during directions and pre-trial conference have been complied with and that the matter is ready for trial.

11. URGENT MATTERS

Urgent matters shall be scheduled for Directions Hearing, Pre-trial Conference and or Status Conference, within the period stipulated by these rules or as the urgency of the case might require and or as the Court deems fit.

12. TRIAL

(1) Once a matter is listed for trial the Registrar shall issue to the parties a notice of trial and place the matter on a Trial List, which he shall produce and circulate to all the parties at least seven days before the dates fixed for trial.

(2) The trial shall proceed on the date fixed by the Court at the Pre-trial conference and it may be conducted in accordance with the directions and order made by the Court at the time or before the fixing of the trial date.

13. ADJOURNMENTS

(1) A trial once fixed shall not be adjourned except by leave of the Court upon sufficient cause being shown.

(2) Where the Court decides to adjourn the trial, it shall be adjourned to a fixed date within the circuit month or to the earliest available Directions Hearing or Pre-trial conference as the trial judge may consider appropriate.

14. LEGAL REPRESENTATION

(1) Subject to sub- rule (2) herein, where a party is represented by a lawyer, that party shall attend at all of the various listing process with the lawyer who has the carriage and conduct of the matter and will be appearing at the trial.

(2) Where the lawyer having carriage of the matter instructs another lawyer to appear, the lawyer must be fully briefed.

15. SUMMARY DISPOSAL

(1) The Court may summarily determine a matter:

• a. on application by a party; or
  

b. on its own initiative; or

c. upon referral by the Registrar under (3) below.

(2) The Court may summarily dispose of a matter in the following situations:

• a. for want of prosecution since filing the proceedings or since the last activity on the file; or
  

b. for a failure to appear at any of the listing or directions hearing by a party or his lawyer; or

c. for non - compliance of any order or directions previously made or issued by the Court at any of the listing processes.

d. under any of the grounds set out in Order 12 rule 40 and Order 8 Rule 27 of the National Court Rules.

e. on any competency ground relating to non-compliance with the National Court Rules or any other relevant rules of Court.

(3) Where the Registrar refers a matter for summary determination, the following procedure shall be followed:

• a. A notice in the form in Schedule "D" is issued by the Registrar which gives notice to the parties of his intention to refer the matter to the judge for summary determination on the ground(s) stated in the letter. The letter will also give the parties thirty (30) days to respond and fix a return date and time for the matter to come before the judge. In appropriate cases, the Registrar may publish the notice letter in the media.
  

b. If the Registrar receives a response, either in writing or verbal, he must place on the file the written response or a note of the verbal response and advise the parties to appear in Court on the date fixed.

c. Upon expiry of 30 days, the Registrar shall forward the file to the judge.

d. The judge may determine the proceedings summarily based on the response received and any further representations made by the parties in Court or give such directions as may seem necessary for the future conduct of the proceedings.

e. If the parties are unrepresented, the Registrar shall draft the Court Order, enter it and forward sealed copies to the parties.

f. The file is closed and forwarded to Archives for storage.

16. MOTIONS

Motions in respect of listing aspects such as application for leave to file Notice to Set Down for Trial, applications under Order 12 Rule 40 and Order 8 Rule 7 of the National Court Rules or applications for summary determination under Rule 16 (1)(a) shall be moved before the Listings Judge.

17. DISPENSATION WITH REQUIREMENTS THESE RULES

The Court may dispense with compliance of these Rules in appropriate cases.

18. COMMENCEMENT OF THESE RULES

These Rules shall commence on the date they are signed by the judges.

SCHEDULE "A"
(Title)

NOTICE FOR MENTION/DIRECTIONS HEARING

To the:

Plaintiff/lawyer:
Defendant/lawyer:

Take note that this matter is listed for Mention/Directions Hearing before the Listings judge at the National Court at ............................(Courthouse) at ......................a.m./p.m. on the........................ day of ....................20 ..........

You are required to attend at the Mention/Directions Hearing to assist the judge deal with the matters listed below.

At the Mention/Directions Hearing, the judge will consider, amongst other things, the following:

(a) Legal representation of the parties

(b) The Court’s jurisdiction and locus standi and the capacity of the parties to sue and be sued.

(c) Sufficiency of pleadings and the need for further pleadings.

(d) Whether condition precedent to the action or statutory time bar issues arise.

(e) Whether there are any related proceedings and their consolidation.

(f) Nature of case.

(g) Joinder of all necessary and relevant parties and causes of action.

(h) Any cross-claim or set off.

(i) Whether parties have attempted out of court settlement.

(j) An identification of the relevant factual and legal issues raised in the proceedings.

(k) Whether any documents will be relied upon and need for discovery of documents.

(l) Whether any expert or independent assessment is required.

(m) The likely length of time for trial and time within which the matter is likely to be ready for trial.

(n) Number of witnesses the parties wish to call and their relevance and necessity.

(o) Filing of witnesses’ statements and or affidavits.

(p) Issue of witnesses’ summonses.

(q) Whether parties wish to file statement of agreed and/or disputed facts and issues for trial.

(r) Medium and/or mode of giving evidence.

(s) Any requirement for translation.

(t) Whether any further interlocutory steps need to be completed before trial and determination of the same.

(u) The necessity to transfer the proceedings to a different Court or venue.

(v) Preparation and compilation of a Pleadings Book as required by Order 10 Rule 8 of the National Court Rules which contains, amongst other relevant documents, the Originating Process, Statement of Claim, Defence (& Cross claim, if any), Reply (& Defence to Cross Claim, if any), Reply to Defence on Cross Claim, and Further and Better Particulars.

(w) The date, time and venue for pre-trial conference.

(x) Such other matters as may aid in the prompt disposition of the matter.

Dated this ..............day of ............, 20 .............

Issued by:

.............................
Registrar

______________________________

SCHEDULE "B"

(Title of proceedings)

STATEMENT OF AGREED & DISPUTED FACTS & LEGAL ISSUES

A. STATEMENT OF AGREED FACTS

The parties agree on the following facts:

B. STATEMENT OF DISPUTED FACTS FOR DETERMINATION

The following facts are disputed:

C. STATEMENT OF AGREED LEGAL ISSUES FOR DETERMINATION

The legal issues for determination are as follows:

Dated this ...............day of ...............20 ....................

SCHEDULE "C"

PRE-TRIAL FORM
(to be completed by Judge’s Associate after Pre-trial Conference)

Title of proceedings: ________________________________

1. Lawyer for the Plaintiff & Counsel:
2. Lawyer for Defendant & Counsel:
3. Nature of claim:
4. Issues of fact:
5. Legal issues:
6. Statement of agreed and disputed facts filed:
7. Number of witnesses for Plaintiff-

- Giving affidavit evidence only:

- Giving oral evidence:
8. Number of Defence witnesses-

- Giving affidavit evidence only:

- Giving oral evidence:
9. Expert witnesses:
10. Documentary and physical evidence:
11. Witnesses summonsed to give evidence:
12. Pleadings Book filed:
13. Duration of trial:
14. Whether out of court settlement attempted and exhausted:
15. Whether all necessary interlocutory processes have been completed:
16. Date and time of trial:

Dated this ...............day of ............20.............

Prepared by:

.............................
Name and signature of Associate to Judge

_______________________________

SCHEDULE "D"

(Notice letter for summary determination).

Date:

To: _______________________________
(Name of Plaintiff/Lawyer & Address)

Copy to: ________________________________
(Name of Defendant/Lawyer & address)

Title of proceedings: __________________________________________

I refer to the above matter and advise that this matter is listed for summary determination before the Listings Judge in the National Court at .........................................
(Courthouse) at .......................am/pm on the.................................. day of ................... 20..........

The grounds or reasons are:

1. _______________________________________________
2.________________________________________________
3._________________________________________________

You are required to attend Court on the date and time fixed above to show cause why your matter should not be summarily dismissed for the reason(s) stated above.

If you wish to given an explanation before appearing in Court, you may do so by letter addressed to the Registrar, within thirty (30) days from the date of this letter.

Yours Sincerely,

......................
Registrar
_________________________________________________________________