Civil Procedure Code at Papua New Guinea

16 Apr 2025 --
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In Papua New Guinea (PNG), civil procedure is primarily governed by the National Court Rules 1983, which outline the procedures for civil litigation in the National Court. These rules are modeled on the Supreme Court Rules of New South Wales, Australia, with adaptations to fit the local legal context. (National Court Rules 1983)

📘 Structure of the National Court Rules 1983

The National Court Rules are organized into various orders and divisions, covering all aspects of civil litigation:

Order 3 – Discovery Before Suit: Addresses pre-action discovery procedures.

Order 4 – Commencement of Proceedings: Details the modes of initiating civil proceedings, including writs of summons and originating summonses.

Order 5 – Parties and Causes of Action: Covers joinder of parties and causes of action, including provisions for persons under disability.

Order 6 – Service of Documents: Specifies rules for serving documents within and outside PNG. (Ord 6. Service of Documents - NCR)

Order 7 – Notice of Intention to Defend: Outlines procedures for defendants intending to contest claims.

Order 8 – Pleadings: Details the requirements for statements of claim, defences, and other pleadings.

Order 9 – Discovery, Interrogatories, and Admissions: Provides rules for discovery of documents, interrogatories, and admissions.

Order 10 – Trial: Covers the setting down of cases for trial, conduct of trials, and judgment. (National Court Rules 1983)

These rules ensure a structured and fair process for civil litigation in PNG.

⚖️ Jurisdiction and Court Structure

Civil matters in PNG are generally heard in the National Court, which has original jurisdiction over most civil cases. The court is divided into divisions such as the Common Law Division and the Equity Division, each handling specific types of cases. Additionally, the Court of Disputed Returns deals with election petitions, and the Leadership Tribunal addresses misconduct by public office holders. (Civil Cases)

🧾 Types of Civil Cases

The National Court handles a wide range of civil cases, including: (Civil Cases)

Contract disputes

Tort claims (e.g., negligence)

Property disputes

Family law matters (e.g., divorce, adoption)

Probate and administration of estates

Human rights applications

Election petitions

Each type of case follows specific procedures as outlined in the National Court Rules.

🧑‍⚖️ Alternative Dispute Resolution (ADR)

In 2008, the National Court Act was amended to include provisions for Alternative Dispute Resolution (ADR), particularly mediation. Mediation is now a compulsory step in most civil proceedings, unless the court dispenses with it. The court may conduct mediation or appoint accredited mediators from its list. This approach aims to reduce court congestion and provide parties with a more cost-effective and timely resolution to disputes. (Legal system and dispute resolution in Papua New Guinea - Business Advantage PNG)

📚 Accessing the National Court Rules

The full text of the National Court Rules 1983 is available online: (National Court Rules 1983)

👉 National Court Rules 1983 – PacLII