Commencing National Court Proceeding

According to the National Court Rules, Order 4,  there are only two modes of commencing a civil proceeding in the National Court.

A. WRIT OF SUMMON (WS)

Proceedings shall be commenced by writ of summons—

(a)  where a claim is made by the plaintiff for any relief or remedy for any tort; and

(b) where a claim made by the plaintiff is based on an allegation of fraud; and

(c)  where a claim is made by the plaintiff for damages for breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under an Act or independently of any contract or any such provision), and the damages claimed consist of or include damages in respect of the death of any person or in respect of personal injuries to any person in respect of damage to any properly; and

(d) where a claim is made by the plaintiff for damages for a breach of promise of marriage.

*("personal injuries" includes any disease and impairment of a person's physical or mental condition).
*("plaintiff"- agrieved party instigating court case).

The aforementioned does not apply to proceedings commenced by a person who desires to apply for—

(a)  a declaration of right; or

(b) an immediate injunction; or

(c)  an immediate appointment of a receiver; or

(d) immediate orders (Rules apply)

B. ORIGINATING SUMMON (OS)

Where plaintiff may choose, proceedings—

(a)  in which the sole or principal question at issue is, or is likely to be, one of the construction of an Act or of any instrument made under an Act, or of any deed, will, contract or other document, or some other question of law; or

(b) in which there is unlikely to be a substantial dispute of fact; or

(c)  in which a person is authorized by an Act, regulation or by these Rules to make an application to the Court or a Judge with respect to a matter that is not already the subject matter of a pending cause or matter, and no other mode of making the application is prescribed by that Act, or regulation or by these Rules,

are amongst those which are appropriate to be commenced by Originating Summons unless the plaintiff considers the proceedings more appropriate to be commenced by Writ of Summons.

Access to Legal Service in Papua New Guinea

Accessing legal services in Papua New Guinea had been, and is continuing to be an headache and painful exercise for local Papua New Guineans who can not afford to afford the excessive cost of engaging certified lawyers.

Let it be known that the laws of the Courts in Papua New Guinea allows persons to represent themselves in court. However because of the higher level of illiteracy among of population and the unavailability of  legal information, most average and illiterate justice-seekers are ripped off by unscrupulous deceitful lawyers and non-lawyers with access to legal information that is required for representation in the Court of Law.

This blog aims to disclose information that is vital for self-representation in any court of law of Papua New Guinea, especially the District and the national Courts of Justice of Papua new Guinea.