Form 129-Listing Statement

Form 129-Listing Statement

Form 129

O23 r10(1)



The [Plaintiff/Defendant] makes the following statement in support of an application to have these proceedings [placed on/removed from] the Human Rights List:

1. The nature of the dispute... [set out in a summary form];

. . .

2. The issues which are likely to arise in the proceedings are... [set out in a summary manner];

. . .

3. The proceedings ought to be [placed on/removed from] the Human Rights List for the following reasons:

. . .

4. The attitude of other parties to this application is:

. . .

Signed [Plaintiff or plaintiff's lawyer shall sign]

Date . . .

specified in the order under this Sub-rule.



(U.K. 0.62 Appendix)


The following items shall not apply to any cause or matter to which Part 2



1. Institution of proceedings:

(a) Preparing, issuing, filing and service of writ of K15-\ K45 summons, including statement of claim endorsed\ on it, originating summons or third party notice

(b) Preparing, issuing, filing and service of any petition K20-K45\ for the dissolution of a marriage

(c) Preparing, issuing, filing and service of any petition K10-K40\ for the winding up of a company

(d) Preparing, issuing, filing and service of any K10-K40\ petition, chamber summons, originating motion\ case or special case stated, required under any Act,\ Rules or Regulations thereunder

(e) Preparing and issuing concurrent writ of summons K10\ or originating summons, renewing writ of summons\ or originating summons

No allowance for instructions is included in this item.\ Instructions are allowed under Item 12.

2. Interlocutory proceedings: Preparing, issuing, filing and K10-K45 service of any notice of motion, summons or application, notice of interlocutory appeal or any writ of execution (including renewing)

3. Other Documents: Preparing (including where necessary filing, serving or delivering) any document not otherwise provided for, including-

(a) any documents to renew a writ of summons or originating summons, to amend any document or to obtain an order for substituted service or giving leave to serve out of the jurisdiction;

(b) any pleading, answer to petition, particulars of pleadings, requests for such particulars, interrogatories, affidavits and lists of documents, notice to produce, admit or inspect documents and amendments to any documents;

(c) any affidavit or other document for use in connection with Item 1;

(d) any brief to counsel or case to counsel to advise in writing or in conference;

(e) any instructions to counsel to settle any document except where an allowance for the preparation of that document is recoverable under Items 1, 2 or 3;

(f) any order;\ for first five A4 pages K6 per page

for each A4 page thereafter K2 per page (or\ proportionately)

Note to Items 1, 2 and 3

Items 1, 2 and 3 include engrossing and three copies. Any additional copies required to be charged under Item 4. Items 3(d) and (e) each include the copy for counsel.

Discretionary costs are defined in Order 22 Rule 36(3).

4. Copy documents:

(a) Typed top copy-A4 K0.60 per page

(b) Photographic printed and carbon copies-A4 K0.50 per page


5. In any action for damages for personal injuries, and K60-K300\ in any other cause or matter as the party entitled to\ receive the costs may elect, a block allowance shall\ be made in place of the Items prescribed in Part 1,\ Unless, in any such case, the taxing officer otherwise\ directs; and the allowance shall be


6. (1) Appearing and arguing a case\ First day

K10,001.00 - Excess of\ K50,000.00 K50,000.00

(a) Contested hearing for final relief of 275.00 350.00\ order

(b) Uncontested proceedings for 100.00 130.00\ final relief or order

(c) Assessment where liability is 225.00 300.00\ admitted

(d) Appeal from District or K100.00-K275.00\ Local Court

(e) Interlocutory application- K100.00-K275.00\ contested

(f) Interlocutory application-ex parte K50.00\ or by consent

(g) Application for contested K30.00-K150.00\ adjournment

(h) Taking a deferred judgement K30.00

Second and subsequent days\ wo-thirds of first day

(2) Opinions and conferences

(a) Counsel settling statement of K50.00-K100.00\ claim on writ, defence or other\ documents

(b) Counsel's written advice on K50.00-\ K100.00 evidence

(c) Counsel's or solicitor's written K50.00-K200.00\ advice on settlement for a\ disabled person

(d) Conference by counsel with\ solicitor, party or witnesses-

Note to Item 6(2) first hour K40.00\ each subsequent hour K30.00

Counsel in these items refers to a lawyer practising solely as a barrister.


7. (1) Where a lawyer is required to travel from the town where he practises to appear as counsel in Court he shall be allowed return air fares to attend the Court and reasonable hotel expenses.

(2) Where the fees, costs and expenses of an overseas counsel are certified by the trial Judge under Order 22 Rule 26 there shall be allowed return economy class air fares to the nearest town where suitable counsel could be obtained, and reasonable hotel expenses.

(3) Allowance should not be made in Paragraph (1) or (2) for transport within the town of trial.


8. Interlocutory attendances: attending on the K6.00-K50.00 examinations of witnesses ordered under Order 11 Rule 8

9. Counsel: Attending counsel in conference-for K15.00\ each half hour or part of a half hour

(Note: Counsel here refers to a lawyer practising solely as a barrister. See s33 Lawyers Act.)

10. Trial on hearing: Attending the trial on hearing of a cause or matter where the trial Judge has certified the fees, costs and expenses of a second lawyer under Order 22 Rule 26-


(a) as junior counsel two thirds of the fee\ allowed to the counsel\ under Part 3

(b) as instructing solicitor to a lawyer K100.00 per day\ practising solely as a barrister


11. (1) (a) Professional

Not more than K30.00 per hour or part of an hour necessarily absent from their professional rooms or place of business and not to exceed K150.00 for any one day.

(b) Others

The amount of salary or wages actually lost but not to exceed K30.00 per\ hour.

(2) Where a witness does not reside in the town where he is required to give evidence, he shall be allowed such additional sum as is reasonable for travel expenses to and from that town and for accommodation but not transport within that town.

(3) A witness attending in more than one cause will be entitled to a proportionate part only in each cause.


12. Work necessarily or properly done in preparing Discretionary\ for a trial or hearing of any cause or matter,\ whatever the mode of trial or hearing, or for\ the hearing of any appeal, and not otherwise\ provided for

Notes to Item 12

1. This Item is intended to cover the doing of any work not otherwise provided for and which was necessarily or properly done in preparing for a trial, hearing or appeal, or before a settlement of the matter in dispute, including-

(1) The Clients: Taking instructions to sue, defend, counterclaim, appeal or\ oppose, etc., attending on and corresponding with client;

(2) Witnesses: Interviewing and corresponding with witnesses and potential\ witnesses, taking and preparing proofs of evidence and, where appropriate, arranging attendance at Court, including issue of subpoena;

(3) Expert Evidence: Obtaining and considering reports or advice from experts and plans, photographs and models; where appropriate arranging attendance at Court, including issue of subpoena;

(4) Inspections: Inspecting any property or place material to the proceedings;

(5) Searches and Inquiries: Making searches in the Titles Office and elsewhere for relevant documents; searches in the Companies Registry and similar matters;

(6) Special Damages: Obtaining details of special damages and making or obtaining any relevant calculations;

(7) Other parties: Attending on and corresponding with other parties or their solicitors;

(8) Discovery: Perusing, considering or collating documents for affidavit or list of documents; attending to inspect or produce for inspection any documents required to be produced or inspected by order of the Court or by virtue of Order 9;

(9) Documents: Consideration of pleadings, affidavits, cases and instructions to and advice from counsel, any law involved and any other relevant documents, including collating;

(10) Negotiations: Work done in connection with negotiations with a view to settlement;

(11) Agency: Correspondence with and attendances on or other work done by an agent in another town;

(12) Interest: Where relevant the calculation of interest on damages;

(13) Notices: Preparation and service of miscellaneous notices, including notices to witnesses to attend Court.

2. The sums sought under each Sub-paragraph (1) to (13) should be shown separately against each Item followed by the total of all items under that paragraph.

3. This item should begin with a short statement of -

(a) the main issues; and

(b) any particular difficulties of fact or law; and

(c) any special skill, knowledge or responsibility required.

This should be followed not by a chronological narrative, but by an analysis of the work done, separated under main headings appropriate to the subject matter. Under a heading of, for example, Attendances on and correspondence with client, there should be included a statement of the number of attendances on the client, the total time occupied and the number of letters sent, but not the details of every attendance or of every letter.


13. (a) Obtaining arrest or release of property K40.00

(b) Entry or withdrawal of any caveat K10.00

(c) Obtaining bail or guarantee or K25.00\ undertaking in lieu of bail

(d) Giving bail -

(i) one surety K45.00

(ii) two sureties K50.00

Note to Item 13(d)

This Item includes drawing the bail bond, affidavits and other documents required in connection with the giving of bail and any attendances required to procure the signing of the bond, the swearing of any such affidavit and the filing and service of any such document.

(e) Giving guarantee or undertaking in lieu of bail K25.00

Note to Item 13(e)

This Item includes preparing the guarantee or undertaking and any attendances required to procure the signing and stamping of them.

(f) Issuing commission of appraisement or K25.00\ appraisement and sale

(g) Lodging a preliminary act Discretionary

Note to Items 13(a) to 13(g)

These Items include where applicable the preparation, filing, lodging, service and perusal of documents; the swearing of any affidavit; the obtaining or giving of consent and the provision of any undertaking in writing to the Marshal.

(h) Attendance at the Registry or Marshal's Office K10.00\ not otherwise provided for


14. (a) Taxation: Obtaining the reference, preparing bill Discretionary of costs and copies and attending to lodge; attending taxation; vouching and completing bill, paying taxing fee and lodging for certificate or order

(b) Review: Preparing and filing notice of motion to Discretionary review decision of taxation officer; preparing and delivering objections or answers to objections, including copies for service and filing and considering opponent's answers on objections as the case may be; attending hearing of review


(U.K. 0.62 Appendix 3)


(1) Basic costs:

The following scale of costs shall apply in relation to the following cases if the writ of summons was issued on or after the commencement date and was endorsed in accordance with Order 4 Rule 10 with a claim for a debt or liquidated demand or specified damages only of K1,000.00 or upwards -

(a) in cases in which the defendant pays the amount claimed or a sum of not less than K1,000.00 within the time and in the manner required by the endorsement of the writ:

Amount recovered Amount recovered Amount recovered\ less than K5,000.00 between K5,000.00 more than K10,000.00\ and K10,000.00\ K30.00 K50.00 K100.00

(b) in cases in which the plaintiff obtains judgement on failure to give notice of intention to defend, or in default of defence or of verification of defence:

Amount recovered Amount recovered Amount recovered\ less than K5,000.00 between K5,000.00 more than K10,000.00\ and K10,000.00\ K40.00 K70.00 K130.00

(c) in cases in which the plaintiff obtains judgement under Order 13 Rule 38 (Summary Judgement) for a sum of K1,000.00 or upwards, either unconditionally or unless that sum is paid into Court or to the plaintiff's solicitors:

Amount recovered Amount recovered Amount recovered\ less than K5,000.00 between K5,000.00 more than K10,000.00\ and K10,000.00\ K80.00 K100.00 K270.00

2. Additional costs:

The following costs shall be in addition to those costs allowed in the preceding paragraphs of the table:

(1) The fee paid on the issue of the writ *note

(2) Where there is more than one defendant, in K10.00\ respect of each additional defendant served

(3) Where substituted service is ordered and K30.00\ effected, in respect of each defendant served

(4) Where service out of the jurisdiction is ordered K60.00\ and effected

(5) In the case of judgement in default of defence K20.00\ or judgement under Order 13 Rule 38 where\ notice of intention to defend is given after the time\ limited and the plaintiff makes an affidavit of service\ for the purpose of a judgement on failure to give\ notice of intention to defend (the allowance to\ nclude the search)

(6) In the case of judgement under Order 13 Rule K20.00\ 38 where an affidavit of service of the summons\ is required

(7) In the case of judgement under Order 13 Rule K20.00\ 38 for each adjournment of the summons

3. Judgement for costs:

(1) Where a plaintiff or defendant signs judgement\ or costs under Order 22 Rule 17 there shall be\ allowed -

Cost of the judgement K10.00

(2) Where a writ of execution (or writ of\ possession) is issued against a party\ there shall be allowed -

Cost of issuing execution K50.00


1. On filing an initiating process K50.00

Note 1. In this clause initiating process means -

(a) an originating process under the Rules (other than a notice of appeal to the Supreme Court and a summons for leave to appeal to the Supreme Court); or

(b) a petition; or

(c) a summons commencing proceedings under the Companies Rules; or

(d) a writ of summons in Admiralty.

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.

2. On filing a summons for leave to appeal to the K50.00\ Supreme Court

3. On filing a notice of appeal to the Supreme Court K50.00\ except where, in respect of proceedings to which the\ notice relates, a summons for leave to appeal has\ been filed

4. 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 K50.00\ p.m.

5. To furnish a copy of a document in any proceedings K10.00\ to a person who is not a party to the proceedings

6. To furnish to a party to proceedings a second or K5.00\ subsequent copy of the written reasons for the decision\ of any Judge or of the Registrar in relation to the\ proceedings, for each copy

7. To furnish a transcript of evidence in a civil case to K0.50\ any party to proceedings-per A4 page

8. For an officer of the Court to produce a document K10.00\ at a place other than the National Court building at\ Waigani

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.


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 K15.00\ document, including copies

11. Certifying office copy of any writ K2.00

12. Opening office -

(a) on a Saturday, Sunday or other holiday K50.00

(b) on any other day before 7.45 a.m. or K50.00\ after 4.06p.m.

13. The amount reasonably incurred for -

(a) 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.


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\ K

not exceeding K7,500.00 250.00

exceeding K7,500.00 but not exceeding K15,000.00 375.00

exceeding K15,000.00 but not exceeding K25,000.00 435.00

exceeding K25,000.00 but not exceeding K40,000.00 500.00

exceeding K40,000.00 but not exceeding K55,000.00 565.00

exceeding K55,000.00 but not exceeding K70,000.00 630.00

exceeding K70,000.00 but not exceeding K85,000.00 695.00

exceeding K85,000.00 but not exceeding K100,000.00 760.00

exceeding K100,000.00 but not exceeding 855.00 K125,000.00

exceeding K125,000.00 but not exceeding 950.00 K150,000.00

exceeding K150,000.00 but not exceeding 1,045.00 K175,000.00

exceeding K175,000.00 but not exceeding 1,140.00 K200,000.00

exceeding K200,000.00 but not exceeding 1,300.00 K250,000.00

exceeding K250,000.00 but not exceeding 1,460.00 K300,000.00

exceeding K300,000.00 but not exceeding 1,680.00 K400,000.00

exceeding K400,000.00 but not exceeding 1,900.00 K500,000.00

exceeding K500,000.00 2,100.00

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.

Value of the assets remaining to be administered Costs Allowed\ at the time of application for the grant K

not exceeding K1,000.00 80.00

exceeding K1,000.00 but not exceeding K2,000.00 100.00

exceeding K2,000.00 but not exceeding K4,000.00 120.00

exceeding K4,000.00 but not exceeding K6,000.00 155.00

exceeding K6,000.00 but not exceeding K8,000.00 170.00

exceeding K8,000.00 but not exceeding K10,000.00 190.00

exceeding K10,000.00 but not exceeding K12,000.00 215.00

exceeding K12,000.00 but not exceeding K14,000.00 235.00

exceeding K14,000.00 but not exceeding K16,000.00 250.00

exceeding K16,000.00 but not exceeding K18,000.00 270.00

exceeding K18,000.00 but not exceeding K20,000.00 295.00

exceeding K20,000.00 K4.00 for each\ K2,000.00 in\ excess of\ K20,000.00 to\ a maximum of\ K1,255.00

[^1]: Papua New Guinea


A consolidation of the Rules of the National Court\
made between 1983 and 2011 current at 1st December 2012

Publication date 1st December 2012

Published under the authority of the\
Chief Justice Sir Salamo Injia, Kt.

Editorial Committee\
Judges Publication Committee\
Chairman: Justice N. Kirriwom\
Justice C Davani\
Justice D Cannings\
Justice D Hartshorn

Compiled and edited\
Gregory Lay\
(Retired Judge of the National Court and Supreme Court)



**Consolidation 1983-2011**

Prior to the Independence of Papua New Guinea on 16 September 1975
the superior trial court of Papua New Guinea was the Supreme Court,
which sat with three or more judges as the appellate court. The
Rules of the Supreme Court were substantially based on the Supreme
Court Rules of Queensland, Australia.

At Independence the Constitution established the National Court
(Section 163(1)) as the superior trial court and the Supreme Court
(Section 160(1)) as the appellate court. There are now different
sets of rules with respect to the practice and procedure of each
court. The National Court continued to function under the
pre-Independence Rules of the Supreme Court until the National Court
Rules were made by the Judges in 1983, pursuant to Section 184 of
the Constitution. Many of the 1983 rules were sourced from the
Supreme Court of New South Wales, some from the United Kingdom and
others from the Australian Capital Territory and the Victorian Rules
of Court. At the inception of the National Court Rules 1983 and for
many years after reference works on the United Kingdom and New South
Wales rules were found helpful. However now there are many Papua New
Guinea cases to cite in aid of interpretation, especially in the
more common areas of practice.

This consolidation of the rules of court for the National Court has
been occasioned by the fact that the original 1983 rules are out of
print and, there has never been a consolidation of the 1983 rules,
with amendments and new rules made since then. No amendments are
introduced by this volume, which is strictly a consolidation of
existing Rules. It brings together:

·National Court Rules 1983

· National Court Appeal Rules 2005

· National Court Motions Rules 2005

· National Court Judicial Review Rules 2005

· National Court Commercial List Rules 2005

· National Court Election Petition Rules 2002 (as amended 2007)

· ADR \[Alternative Dispute Resolution\] Rules 2010

· Human Rights Rules 2010

· Rules of the National Court of Justice (Underlying Law
Amendment) 2011

Most rules made since 1983 have been amendments to the National
Court Rules 1983. The exceptions are the Election Petition Rules and
the ADR Rules which were made as separate Rules and therefore appear
in this volume after the end of the National Court Rules 1983 -

[^3]: Signed by the Judges on 27th September 2005

[^4]: The words 'subject to these Rules' inserted by Rules of the National Court of Justice (Underlying Law Amendment) 2011.

[^5]: Inserted by the National Court Listing Rules 2005

[^6]: Signed by the Judges on 27th September 2005

[^7]: Inserted by the National Court Commercial List Rules 2005

[^8]: The Commercial List commenced operation in 2007.

[^9]: See Order 10 Rule 9A/16

[^10]: The National Court Appeal Rules were signed by the Judges on 27th September 2005

[^11]: In operation 1st July 2011

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