Matrimonial Causes Rules

Being Rules of Court relating to the practice and procedure of the National Court in its matrimonial causes jurisdiction.

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“address for service”, in relation to a party to proceedings, means an address for service given in accordance with Section 8;

“application” means an application to the Court for the purpose of instituting proceedings of a kind referred to in Section 11(2) or (3) or an application to the Registrar made under these Rules;

“certificate of means” means a certificate granted by the Registrar under Section 206;

“co-respondent” means a party to proceedings who is specified in the petition instituting the proceedings as a person with whom the respondent is alleged to have committed adultery;

“court town” means the Principal Seat of the Court and such other places as the Head of State, acting on advice, appoints by notice in the National Gazette for the purposes of these Rules;

“intervener” in relation to any proceedings, means a person who becomes, or has become, a party to the proceedings by intervening under Part VI of the Act or under Section 109, 110 or 213;

“party cited” means a person specified in an answer to a petition as a person with whom the petitioner is alleged to have committed adultery;

(a) in relation to a petition, means a person named in the petition who has intervened, under Section 33(2) of the Act, in proceedings instituted by the petition; and

(b) in relation to an answer to a petition, means a person named in the answer who has intervened, under Section 33(2) of the Act, in proceedings instituted by the answer or the petition;

“petitioner” means the party who institutes or has instituted proceedings by petition;

(a) in relation to a petition, means a person specified in the petition as a person on or with whom the respondent is alleged to have committed rape or sodomy; and

(b) in relation to an answer to a petition, means a person specified in the answer as a person on or with whom the petitioner is alleged to have committed rape or sodomy;

“pleading” means a petition, supplementary petition, answer, supplementary answer, reply or rejoinder;

“respondent”, in relation to proceedings for a decree of dissolution of marriage, nullity of marriage, judicial separation or restitution of conjugal rights (whether instituted by petition or by an answer to a petition, or in relation to proceedings that relate to such proceedings), means the spouse of the petitioner;

“stamped envelope” means an envelope having impressed on it or affixed to it postage stamps that are valid in the country for the correspondence of private individuals and the value of which is not less than the postage payable for the transmission of a letter, weighing not more than 28.35g posted in the country to an address in the country.

(2) In these Rules, a reference to a marriage shall be read as including a reference to a purported marriage, and a reference to the spouse of a person shall be read as including a reference to the purported spouse of a person.

(1) In relation to a power or function that by these Rules is expressed to be conferred on the Registrar, the Judges may designate from time to time an office in or in connection with the Court as the office the holder of which may exercise or perform the power or function in relation to proceedings in the Court, and that power or function may be so exercised or performed accordingly and not otherwise.

(2) Where the Registrar is required by these Rules to do an act of a merely administrative nature, not being the hearing and determination of an application under these Rules to the Registrar, it is sufficient if the act is done on behalf of the Registrar by another officer of the Court, or by a clerk in the office of the Registrar or of such an officer.

(1) In the title of a document filed in, or issued out of, the office of a court in connection with proceedings instituted by petition, a party to the proceedings who is the petitioner or respondent, a co-respondent, a party cited, a party named or an intervener shall be designated by whichever of those expressions is applicable.

(2) For the purpose of Subsection (1), a document filed or issued for the purpose of proceedings that are instituted by application to the Court and are in relation to proceedings instituted by a petition shall be deemed to have been filed or issued in connection with the proceedings instituted by the petition.

(3) In the title of a document filed in or issued out of the office of the Court in connection with any proceedings of a kind specified in Paragraph (e) of the definition “matrimonial cause” in Section 1(1) of the Act, the party to the proceedings who institutes or instituted the proceedings shall be designated as the applicant, and any other party to the proceedings shall be designated as a respondent.

(4) In any part (not being the title) of a document filed in or issued out of the office of the Court in connection with any proceedings–

(a) a party to the proceedings may be referred to by the designation by which the party is required by this section to be designated in the title to the document; and

(b) a person, not being a party to the proceedings, who is a person named within the meaning of these Rules may be referred to by that designation.

(1) During the trial of proceedings by the Court a document relating to the proceedings may, by leave of the Court, be filed in Court.

(2) During the trial of proceedings in Court, a document relating to the proceedings may, by leave of the Court, be filed in the Court.

(3) During the hearing of an application by the Registrar, a document relating to the application may, by leave of the Registrar, be filed with the Registrar.

(1) Where a period of time dating from a given day, act or event is prescribed by or allowed under these Rules for doing an act or taking any proceedings, unless the contrary intention appears, the time shall be reckoned exclusive of the day, or of the day of the act or event, from which the time dates.

(2) Where the time for doing an act or taking any proceedings expires on a Saturday or Sunday or on a day that is a public holiday or court holiday in the place at which the act is to be or may be done, or the proceedings are to be or may be taken, the act may be done or the proceedings may be taken on the first day following that is not a Saturday, Sunday, public holiday or court holiday.

(3) Time runs, in connection with any proceedings in the Court, during any vacation of the Court.

(4) Where a period of time dating from a given day, act or event, being a less period than five days, is prescribed by or allowed under these Rules for doing an act or taking any proceedings, a Saturday or Sunday or a day that is a public holiday or court holiday in the place at which the act is to be or may be done, or the proceedings are to be or may be taken, shall not be reckoned in computing the period.

(5) In reckoning a period of clear days in relation to the doing of an act in connection with proceedings or the taking of any proceedings in the Court, any day on which the office of the Court is not open shall be excluded.

(1) Proceedings of a kind referred to in Paragraph (c), (d) or (e) of the definition “matrimonial cause” in Section 1(1) of the Act may be heard by the Court sitting in chambers.

(2) The Court sitting in open court may adjourn proceedings of a kind referred to in Subsection (1) for consideration by the Court sitting in chambers.

(3) The Court sitting in chambers may adjourn proceedings of a kind referred to in Subsection (1) for consideration by the Court sitting in open court.

(4) This section does not authorize the Court sitting in chambers to hear proceedings that relate to proceedings for a decree of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act, where it is practicable for the Court to hear those proceedings at the same time as the proceedings for such a decree.

(1) Subject to this section, where proceedings that are in relation to proceedings for a decree of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act (in this rule referred to as “the principal proceedings”) are heard by the Court before the trial of the principal proceedings, the Court may, in addition to determining the first-mentioned proceedings–

(a) permit a party to the principal proceedings, whether or not he is a party to the first-mentioned proceedings, to make application for an order, required for the purpose of preparing the principal proceedings for trial, that could be made on the hearing of proceedings instituted for the purpose of seeking such an order; and

(c) on the determination of the application, make the order sought by the application or such other order as the Court thinks proper.

(a) may be made orally without the filing of any affidavit in support of the application; and

(b) may be made notwithstanding the fact that proceedings seeking the order have been instituted but have not been heard and determined by the Court.

(3) Where an application for an order referred to in Subsection (1) is made in a case where proceedings seeking that order have been instituted but not heard by the Court–

(a) any affidavit filed for the purpose of those proceedings may, by leave of the Court, be admitted in evidence on the hearing of the application; and

(b) the order made by the Court on the determination of the application shall, unless the Court otherwise orders, be deemed to be the order of the Court on the determination of those proceedings.

(4) Without limiting the generality of Subsection (1), application may be made to the Court under this section for an order with respect to–

(d) medical inspection of the petitioner and respondent in the principal proceedings; and

(e) the day, time and place for the holding of a conference for the purpose of Division XI.6; and

(g) furnishing evidence of facts by affidavit at the trial of the principal proceedings; and

(5) An application under Subsection (1) may be heard by the Court notwithstanding that any facts relied on in support of, or in opposition to, the application are not verified by affidavit or by evidence given orally on the hearing of the application.

(a) from requiring service of an application, or of notice of an application, under Subsection (1) to be effected on a party to the application; or

(b) from requiring the facts, or any of the facts, relied on in support of, or in opposition to, such an application to be verified by affidavit or by evidence given orally on the hearing of the application.

(a) a person is not entitled to file a document for the purpose of any proceedings unless by that document, or by a document previously filed by him, he gives or has given an address for service that, under this section, is his address for service for the purpose of those proceedings; and

(b) a person is not entitled to be heard on the trial or hearing of any proceedings, or the hearing of an application to the Court or the Registrar in relation to any proceedings, unless he has previously given an address for service that, under this section, is his address for service for the purpose of those proceedings.

(2) A person who does not have an address for service for the purpose of any proceedings may give such an address by stating it as his address for service–

(a) if the first document filed by him in those proceedings is a petition, answer or application-in that document; or

(b) in any other case-in a notice of address for service, in Form 1, filed for the purpose,

and in the case of a notice referred to in Paragraph (b), by serving a copy of the notice on each other party to the proceedings who has an address for service for the purpose of the proceedings.

(3) A person who has an address for service for the purpose of any proceedings may change that address by filing a notice of change of address for service, in Form 2, and serving a copy of the notice on each other party to the proceedings who has an address for service for the purpose of the proceedings.

(4) The address given as a person’s address for service shall be not more than 8km from the office of the Court in which the document stating the address is filed, and, subject to that requirement, in the case of a person who is represented by a lawyer shall be the address of his lawyer, or of a lawyer acting as the agent of his lawyer.

(5) The address for service given, or last given, by a person under this section in relation to any proceedings is his address for service for the purpose of those proceedings and also for the purpose of any other proceedings that constitute a matrimonial cause and are related to those proceedings.

(1) Where a person referred to in a form in Schedule 1 is not represented by a lawyer, any reference in the form to the lawyer for the person shall be read as a reference to the person.

(2) Where the word “Title” appears on a form in Schedule 1, it indicates that a document required to be in accordance with that form–

(a) if it is a document to which Section 12 applies–shall be intituled in accordance with that section; or

(a) a petition or answer instituting proceedings for a decree of dissolution of marriage on a ground other than a ground specified in Section 17(l) or (n) of the Act; or

(b) a petition or answer instituting proceedings for a decree of judicial separation on a ground other than the ground specified in Section 17(l) of the Act; or

(c) an application for leave under Section 31 of the Act to institute proceedings for a decree of dissolution of marriage or judicial separation,

but does not include a petition instituting, by leave of the Court under Section 31 of the Act–

(d) proceedings for a decree of dissolution of marriage or judicial separation; or

(2) Where a document to which this section applies is filed on behalf of a party who is represented by a lawyer, the document is not effective for the purposes of proceedings under the Act unless a certificate, in Form 3 or 4 as the case requires and signed by the lawyer personally, is written on the document.

(1) Proceedings required by Section 56(1) of the Act to be instituted by petition shall be instituted by filing a petition, addressed to the Court, in the proper office of the Court.

(2) Where leave has been granted under Section 56(3) of the Act for the institution of proceedings of a kind to which that subsection applies otherwise than by the relevant petition or answer, the proceedings shall be instituted by filing an application to the Court.

(3) Subject to Subsections (1), (2) and (4), proceedings in a matrimonial cause shall, except as otherwise provided in these Rules, be instituted by filing an application to the Court in the proper office of the Court.

(4) Where, under these Rules, an application relating to proceedings is required or permitted to be made to the Registrar, the application shall be made by filing in the proper office of the Court an application to the Registrar.

(5) Subsection (3) does not authorize the institution of proceedings without the leave of the Court in a case where leave would be otherwise required.

(1) A document filed in, or issued out of, the office of the Court in relation to proceedings instituted by petition shall be intituled in Form 5.

(2) Subject to these Rules, the title to a document referred to in Subsection (1) shall include the full name and the designation of every party to the proceedings instituted by the petition (including any person who, on the filing of the document, will become a party).

(3) Where proceedings are or have been instituted under the Act for a decree of nullity of marriage on the ground that a marriage is void, the title to a document filed in, or issued out of, the office of the Court in relation to the proceedings shall contain the surname, at the date of the institution of the proceedings, of the female party to the purported marriage followed by the word “otherwise”, and followed then by the name that was that party’s surname immediately before the solemnization of the purported marriage.

(4) Where a person intervenes in proceedings under Section 33(2) of the Act or under these Rules, the person becomes a party to the proceedings, and the title to the proceedings shall be deemed to have been amended accordingly.

(5) Subject to Part IX., where, after the institution of proceedings in a matrimonial cause, a pleading is filed, or an amendment to a pleading is made, by which the petitioner or respondent is alleged to have committed adultery with a specified person, whether or not a decree is sought on the ground of the adultery, that person becomes a party to the proceedings, and the title of the proceedings shall be deemed to have been amended accordingly.

(6) Where a party to any proceedings is dismissed from the proceedings, the title of the proceedings shall be deemed to have been amended by omitting the name and designation of the party.

(1) Subject to Subsection (3), the Registrar shall cause a distinguishing number to be allotted to each proceedings.

(2) Where proceedings are instituted in the Court in relation to concurrent, pending or completed proceedings to which a number has been allotted under this section, that number shall be deemed to have been allotted to those first-mentioned proceedings.

(3) A document filed in, or issued out of, the office of the Court in connection with any proceedings or in connection with a decree in respect of which a distinguishing number has been allotted, or is deemed to have been allotted, under this section shall have that number endorsed on the document.

(a) an application to the Court referred to in Section 11(2) or (3), and an application to the Registrar referred to in Section 11(4) shall be in Form 6; and

(b) the affidavits intended to be used in support of the application shall be filed at the same time as the application is filed.

(a) specify the date on which it is proposed that the application will be heard by the Court or Registrar or, if the Registrar is unable to fix that date at the time when the application is filed, shall state that the application will be heard on a date to be fixed by the Registrar; and

(b) specify the place at which it is proposed that the application will be heard by the Court or Registrar; and

(d) be signed by the lawyer, representing the applicant in connection with the application, or, if the applicant is not represented by a lawyer, by the applicant.

(4) Notwithstanding Subsection (1), the Court or Registrar may permit the use, in support of an application, of an affidavit that was filed after the filing of the application.

Where an application to the Court or Registrar relates to pending or completed proceedings, the applicant and each other party to those proceedings who is affected by the application are parties to the application.

(1) Subject to Subsections (2) and (3), when an application to the Court or Registrar has been filed the applicant shall cause service of the application to be effected on each other party to the application.

(2) It is not necessary for service of an application to be effected on a party to the application–

(a) where the application is of a kind that is permitted by these Rules to be made ex parte; or

(3) Except where these Rules require service of an application to be effected on a party to the application, it is not necessary for service of the application to be effected on a party to the application unless that party has an address for service.

(4) Service of an application on a party shall be effected by serving a copy of the application on the party.

(5) Unless a Judge or the Registrar, as the case may be, otherwise directs, there shall be at least three clear days between the service of the application and the day named in the application for the hearing of the application or the day fixed by the Registrar for the hearing of the application, as the case may be.

(1) The grounds on which the Court or Registrar, as the case may be, is asked to make the order specified in an application, and the facts on which the applicant proposes to rely in support of the application for the order, shall be stated in the affidavits filed in support of the application.

(2) Where service of an application is effected on a party to the application, a copy of each affidavit filed in support of the application shall be served on the party at the time of the service of the application or within a reasonable time before the hearing of the application.

(1) A party to an application other than the applicant may, before the hearing of the application or, by leave of the Court or Registrar by whom the application is heard, during the hearing of the application, file an affidavit in answer to an affidavit in support of the application.

(2) A party filing an affidavit in answer shall cause a copy of the affidavit to be served on each other party to the application who has an address for service, as soon as practicable after the affidavit in answer has been filed.

(3) A party on whom a copy of an affidavit in answer is served may, before the hearing of the application or, by leave of the Court or Registrar by whom the application is heard, during the hearing of the application, file an affidavit in reply to that affidavit.

(4) A party filing an affidavit in reply to an affidavit filed by another party to the application shall cause a copy of the affidavit in reply to be served on each other party who has an address for service, as soon as practicable after the affidavit in reply has been filed.

An application under Section 31 of the Act for leave to institute proceedings may be made ex parte.

The affidavit in support of an application under Section 31 of the Act for leave to institute proceedings for a decree of dissolution of marriage or of judicial separation shall–

(i) the exceptional hardship that would be imposed on the applicant by the refusal to grant the leave; or

(ii) the exceptional depravity on the part of the other party to the marriage that is alleged,

(b) state the ground on which, if leave is granted, the applicant intends to petition for the decree; and

(c) state whether or not the applicant has made a previous application for leave, under Section 31 of the Act, to institute proceedings for such a decree, and if he has made a previous application also state the date and grounds on which the previous application was made and whether it was granted; and

(d) state whether or not a child of the marriage is living, and if a child of the marriage is living also state–

(e) state whether an attempt has been made to effect a reconciliation between the parties to the marriage, and if such an attempt has been made state particulars of the attempt; and

(f) state particulars of any other circumstances that may assist the Court in determining whether there is reasonable probability of a reconciliation between the parties before the expiration of the period of three years after the date of the marriage.

(1) In this section, “marriage certificate”, in relation to a marriage, whether solemnized in Papua New Guinea or elsewhere, means–

(b) a copy or photographic representation of an original certificate or record or of an entry of the marriage in an official register of marriages, being a true copy or representation certified as a true copy or photographic representation by a person having the custody of the certificate or record, or of the register containing the entry, of which it purports to be a copy or representation.

(2) At the time when an application under Section 31 of the Act for leave to institute proceedings is filed, the applicant shall, unless he is unable to do so, also file a marriage certificate in respect of the marriage to which the application relates.

(3) If the marriage certificate filed under Subsection (2) is not written in the English language, a translation in the English language of the certificate shall be filed at the same time.

(4) A translation of a marriage certificate filed under Subsection (3) shall be verified as a translation by the person who made the translation, by an affidavit in which he also states that he is competent to make a translation of the certificate.

(5) Where an applicant is unable, for any reason, to comply with Subsection (2), he shall state in the affidavit filed in support of the application the circumstances by reason of which he is unable so to comply.

A petitioner who institutes proceedings for dissolution of marriage or of judicial separation by leave of the Court under Section 31 of the Act shall cause a copy of the order of the Court granting the leave to be served on his spouse at the same time as service of the petition is effected.

(d) the name of the wife immediately before the marriage or alleged marriage; and

(e) the address and occupation, so far as they are known to the petitioner, of any person, not being a party to the proceedings, specified in the petition as a person with whom or on whom the respondent is alleged to have committed adultery, rape or sodomy.

(2) Where the address, at the date of the petition, of a party or person referred to in Subsection (1) is not known to the petitioner, the petition shall state that the address is not known to the petitioner and also state the last address (if any) of the party or person known to the petitioner.

(e) the particulars relating to the children of the parties to the marriage and the children of either party to the marriage as required by Section 29; and

(f) particulars of any previous proceedings between the parties to the marriage, whether before or after the commencement date and whether in Papua New Guinea or elsewhere; and

(g) the facts, but not the evidence by which the facts are to be proved, relied on as constituting the ground or each ground specified in the petition, stating, if more than one ground is specified, the facts relating to each ground, as far as practicable, separately; and

(h) in the case of a petition for a decree of dissolution of marriage or judicial separation–the matters required by Section 31; and

(i) in the case of a petition for a decree of dissolution of marriage or of nullity of a voidable marriage–particulars concerning the arrangements referred to in Section 38 or 39; and

(j) in the case of a petition instituting proceedings of a kind specified in Paragraph (c) of the definition “matrimonial cause” in Section 1(1) of the Act–the matters required by Section 193.

(1) For the purpose of Section 24(a) the particulars of the marriage that are required to be stated in a petition are–

(b) the nature of the ceremony by virtue of which the marriage was solemnized; and

(c) if that ceremony was a religious ceremony–the religious denomination according to the rites of which the marriage was solemnized; and

(d) the conjugal status of the petitioner and respondent, respectively, immediately before the solemnization of the marriage.

(a) the date of the previous marriage or of each previous marriage, as the case may be; and

(b) the means by which the previous marriage or each previous marriage was dissolved; and

(c) if a previous marriage was dissolved by a court–the name of the court by which, and the date on which, the marriage was dissolved.

(3) Where the respondent to a petition has been previously married, the petition shall state, so far as they are known to the petitioner–

(a) the date of the previous marriage or of each previous marriage, as the case may be; and

(b) the means by which the previous marriage or each previous marriage was dissolved; and

(c) if a previous marriage was dissolved by a court–the name of the court by which, and the date on which, the marriage was dissolved.

(1) For the purpose of Section 24(b), the particulars relating to the birth of the parties to the marriage that are required to be stated in a petition are the date and place of birth of each party to the marriage.

(2) Where a party to the marriage was not born in the country, particulars, to the best of the petitioner’s knowledge, of–

(b) if the party has re-entered the country after having left the country–the date on which the party first entered the country,

shall be stated in a petition in addition to the particulars referred to in Subsection (1).

(1) This section relates to the particulars of domicile or residence of a petitioner in the country that are required to be stated in a petition for the purpose of Section 24(c).

(2) The petition shall state that the petitioner is, within the meaning of the Act, domiciled or resident, as the case may be, in the country.

(3) The facts, but not the evidence by which the facts are to be proved, on which the Court will be asked to find that the petitioner is domiciled or resident, as the case may be, in the country shall be stated in the petition in as concise a form as the nature of the case allows.

(a) a specified party to the proceedings, at the date of the institution of the proceedings, is ordinarily resident in the country; or

(b) a specified party to the proceedings has been resident in the country for a period of not less than six months immediately preceding that date.

(1) For the purpose of Section 24(d) the particulars of the cohabitation of the parties that are required to be included in a petition are, subject to Subsection (2)–

(a) particulars, to the best of the recollection of the petitioner, of the places at which and periods during which the parties to the marriage have cohabited; and

(b) the date on which, and circumstances in which, cohabitation between the parties ceased or last ceased, as the case may be.

(2) Where the parties to the marriage have never cohabited at a place of residence, the petition shall include a statement to that effect.

(a) any child of the marriage living at the date of the petition who has not attained the age of 21 years; and

(b) any child of the marriage who has attained the age of 21 years and in respect of whom an order is sought under Section 59, 73 or 75 of the Act; and

(c) any child of the parties to the marriage who has been adopted by another person or has been placed by the parties in the care of a person with a view to the adoption of the child by that person or by another person; and

(i) has, at any time since the marriage, ordinarily been a member of the household of the husband and wife; and

(ii) has been adopted by another person or has been placed by that party in the care of a person with a view to the adoption of the child by that person or by another person.

(2) The particulars relating to a child to whom this section applies that are to be stated in a petition are–

(a) in the case of a child referred to in Subsection (1)(a) or (b)–the full name and date of birth of the child and the name of the person with whom the child is residing; or

(i) the full name (if any) under which the parties, or either of them, registered the birth of the child; and

(iii) the date on or about which consent to the adoption of the child was given or the child was placed in the care of another person with a view to his adoption.

(3) If there are no children to whom this section applies, the petition shall include a statement to that effect.

(4) Where the petitioner disputes the parentage of a child born to the female party to the marriage since the solemnization of the marriage to which the petition relates, the petition shall also state that the parentage of the child is in dispute and the grounds on which the parentage of the child is disputed.

(5) Where a person who is deemed, by virtue of Section 2 of the Act, to be a child of the marriage to which the petition relates is living at the date of the petition, the petition shall also state the circumstances that result in his being deemed to be a child of the marriage.

(1) This section relates to the particulars of previous proceedings that are required to be stated in a petition for the purpose of Section 24(f).

(a) any proceedings that, since the marriage to which the petition relates, have been instituted, in Papua New Guinea or elsewhere, in any court between the parties to the marriage; and

(b) any proceedings, concerning the maintenance, custody, guardianship, welfare, advancement or education of a child of the marriage that have been instituted, in Papua New Guinea or elsewhere, otherwise than between the parties.

(3) Where no proceedings referred to in Subsection (2) have been instituted, the petition shall include a statement to that effect.

(4) Where the petition includes particulars of any proceedings referred to in Subsection (2) that have been heard and determined by a court–

(a) particulars of the order made in the proceedings, and the date on which, and the court by which, the order was made, shall be stated in the petition; and

(b) the petition shall also state whether the parties to the marriage have cohabited since the making of the order.

(5) Where an order of a court, or an agreement, making provision for the payment of maintenance in respect of a party to a marriage or a child of a marriage is in force, a petition relating to the marriage shall state the amount of maintenance payable under the order or agreement.

(1) A petition instituting proceedings for a decree of dissolution of marriage or of judicial separation on a ground specified in Section 17(a) to (k) of the Act shall contain–

(b) a denial that he has condoned the ground, or a statement of all facts relevant to the question, whether he has condoned the ground, including any facts relevant to the question, whether the ground has been revived.

(2) A petition instituting proceedings for a decree of dissolution of marriage or of judicial separation shall contain a statement that, in bringing the proceedings, the petitioner has not been guilty of collusion with intent to cause a perversion of justice.

(v) the maintenance, welfare, advancement or education of children of the marriage; or

(b) is seeking an order as to the costs, of any proceedings instituted by his petition,

the petition shall set out particulars of the order sought in the proceedings, or of the order sought as to costs, as the case may be.

(2) Where, by his petition, a petitioner is seeking an award of damages under Section 32 of the Act, the petition shall specify the amount of damages sought.

(2) Where a petition is settled by a lawyer, the name of the lawyer shall be written on the petition.

(1) A petitioner shall, by an affidavit written on his petition and sworn within 28 days before his petition is filed–

(a) verify the facts stated in his petition of which he has personal knowledge; and

(b) depose as to his belief in the truth of every other fact stated in his petition.

(2) Where for the purpose of complying with Subsection (1) it is necessary for a petitioner to verify the doing of, or the failure to do, an act within, throughout or for a period ending on the day immediately preceding the date of his petition, it is sufficient compliance with that subsection if the petitioner verifies the doing of, or the failure to do, the act within, throughout or for, as the case may be, a period ending on the day immediately before the swearing of his affidavit.

(3) Where for the purpose of complying with Subsection (1) it is necessary for a petitioner to verify that a certain circumstance existed at the date of his petition, it is sufficient compliance with that subsection if the petitioner verifies the existence of the circumstance at the date of swearing his affidavit.

(1) A petition for a decree of dissolution of marriage shall state the ground on which the decree is sought.

(2) For the purposes of these rules, a ground specified in a paragraph of Section 17 of the Act specified in the first column of the following table may be stated in a pleading or affidavit in the terms set out in the second column of that table opposite the paragraph:–Table.

Paragraph ofSection 17 of the Act.	Terms in which ground may be stated.
Paragraph (a)	adultery
Paragraph (b)	desertion
Paragraph (c)	refusal to consummate
Paragraph (d)	cruelty
Paragraph (e)	rape or sodomy or bestiality (as the case requires)
Paragraph (f)	drunkenness or intoxication by drugs or drunkenness and intoxication by drugs (as the case requires)
Paragraph (g)	frequent convictions
Paragraph (h)	imprisonment
Paragraph (i)	attempt to murder or attempt unlawfully to kill or inflicting grievous bodily harm or offence involving intent to inflict grievous bodily harm (as the case requires)
Paragraph (j)	failure to pay maintenance
Paragraph (k)	non-compliance with restitution decree
Paragraph (l)	insanity
Paragraph (m)	separation
Paragraph (n)	presumption of death

Where a petitioner for a decree of dissolution of marriage on a ground specified in Section 17(a) to (m) of the Act, has committed adultery since the marriage but before the filing of his petition, his petition shall state that the Court will be asked to make the decree notwithstanding the facts and circumstances set out in his discretion statement.

(a) children of the marriage who are not likely to have attained the age of 16 years before the decree of dissolution of marriage is made; and

(b) any children of the marriage in relation to whom the petitioner seeks an order under Section 59(3) of the Act.

(2) Where, at the date of a petition for a decree of dissolution of marriage, children of the marriage to which the petition relates are living, the petition shall state–

(a) the arrangements proposed by the petitioner concerning the welfare, and, where appropriate, the advancement and education, of the children who are then living, or

(b) the petitioner’s reasons for not stating in the petition the arrangements so proposed.

A petition for a decree of dissolution of marriage on the ground specified in Section 17(m) of the Act may state the arrangements made or proposed by the petitioner for the provision of maintenance or other benefits referred to in Section 25(5) of the Act for the respondent on the decree becoming absolute.

A petition for a decree of dissolution of marriage on the ground specified in Section 17(n) of the Act shall state, in addition to the facts stated in accordance with Section 24(g)–

(a) the latest date on which the petitioner has reason to believe the respondent to have been alive, and the circumstances in which the petitioner has reason so to believe; and

(b) particulars of any inquiries made by the petitioner for the purpose of locating the respondent.

Where a person specified in a petition for a decree of dissolution of marriage as a person with or on whom the respondent has committed adultery, rape or sodomy has died, to the knowledge of the petitioner, before the date of the petition, the petition shall state that the person so specified is dead and the date of his death.

In a petition for a decree of nullity of marriage, if the domicile of either of the parties immediately before the marriage is relevant to the determination of the proceedings the petition shall state that domicile.

(1) On a petition for a decree of nullity of marriage on the ground that a marriage is voidable by virtue of Section 36(b) or (c) of the Act, the date on which the petitioner discovered the existence of the facts constituting the ground and the date on which marital intercourse last took place with the consent of the petitioner shall be stated in addition to any other facts stated in accordance with Section 24(g).

(2) A petition instituting proceedings for a decree of nullity of marriage on a ground referred to in Subsection (1) shall contain a statement that the petitioner was, at the time of the marriage, ignorant of the facts constituting the ground.

Section 38 applies in relation to a petition for a decree of nullity of a voidable marriage.

Sections 36, 37 and 41 apply in relation to a petition for a decree of judicial separation as if the references in those sections to a petition for a decree of dissolution of marriage were references to a petition for a decree of judicial separation.

(a) the date on which the petitioner and respondent last cohabited, and the circumstances in which cohabitation between the petitioner and respondent ceased or last ceased, as the case may be; and

(b) the date on which, and the manner in which, the written request for cohabitation was made to the respondent in accordance with Section 50(b) of the Act, or if no such written request was made particulars of the special circumstances that are alleged to justify the making of the decree notwithstanding that such a request was not made,

shall be stated in the petition in addition to an other facts that are stated in accordance with Section 24(g).

(a) that the respondent refuses, at the date of filing the petition, to cohabit with, and render conjugal rights to, the petitioner; and

(b) that the petitioner sincerely desires conjugal rights to be rendered by the respondent and is willing to render conjugal rights to the respondent.

(1) In this section, “marriage certificate”, in relation to a marriage, whether solemnized in Papua New Guinea or elsewhere, means–

(b) a copy or photographic representation of an original certificate or record or of an entry of the marriage in an official register of marriages, being a true copy or representation certified as a true copy of photographic representation by a person having the custody of the certificate or record, or of the register containing the entry, of which it purports to be a copy or representation.

(2) This section does not apply in relation to a petition instituting proceedings by leave granted under Section 31 of the Act.

is filed, the petitioner shall, unless he is unable to do so, also file a marriage certificate in respect of the marriage to which the petition relates.

(4) If the marriage certificate filed under Subsection (3) is not written in the English language, a translation in the English language of the marriage certificate shall also be filed at the same time.

(5) A translation of a marriage certificate filed under Subsection (4) shall be verified as a translation by the person who made the translation by an affidavit in which he also states that he is competent to make a translation of the certificate.

(6) Where a petitioner is unable, for any reason, to comply with Subsection (3), the petitioner shall state in the affidavit verifying the petition the circumstances by reason of which he is unable to comply with that subsection.

(1) A notice of petition or notice of proceedings that, under these Rules, a petitioner or respondent is required to serve on another person shall be a notice signed by the Registrar and sealed with the seal of the Court, and shall be in Form 9, 10 or 11 as the case requires.

(2) Where a form of notice is properly presented to the Registrar by or on behalf of the petitioner or respondent and a copy of the form of notice is filed, the Registrar shall sign and seal the form of notice for the purposes of this section.

The time to be specified in a notice of petition or notice of proceedings as the time limited for the filing of an answer or reply, as the case requires, by a person entitled to do so is–

(a) where the place of service of the notice is in Papua New Guinea–35 days; and

(b) in any other case–such reasonable time as is determined by the Registrar, having regard to the place at which the notice is to be served and to the availability of air-mail services.

(2) Subject to this section, a notice of petition or notice of proceedings, in relation to a petition or answer, remains in force, for the purposes of service, until the expiration of 12 months from the day on which the petition or answer was filed.

(3) On being satisfied that it is reasonable, the Registrar may grant an extension of the time within which the notice may be served until a date 12 months after the expiration of that period, or of that period as previously extended.

(4) The Registrar may grant an extension of the time within which a notice may be served notwithstanding that the notice has ceased to be in force and notwithstanding that the time has previously been extended.

(5) Where the Registrar grants an extension of the time within which a notice may be served, he shall write on the notice, and on the copy of the notice that was filed under Section 52(2), particulars of the extension, sign his name under the particulars and seal the particulars with the seal of the Court.

(1) Where a notice of petition or notice of proceedings addressed to a person and signed by the Registrar has been lost without having been served, the Registrar may, on being satisfied of the loss, sign and seal another notice in place of the lost notice.

(2) A notice of petition or notice of proceedings signed under Subsection (1) shall state the last day of the period for which it remains in force.

(1) A petitioner or respondent may, at the time of, or at any time within 12 months after, the filing of a petition or answer, procure the issue of a concurrent notice of petition or a concurrent notice of proceedings, or of more than one such concurrent notice, addressed to a person to whom an original notice of petition or notice of proceedings was addressed.

(2) A concurrent notice of petition or notice of proceedings shall bear the same date as the original notice, and shall be stamped with a stamp bearing the word “concurrent” and the date of issuing the concurrent notice.

(3) Sections 53, 54 and 55 apply to and in relation to concurrent notices in like manner as they apply to and in relation to original notices.

Subject to the provisions of these Rules that limit the methods of service of particular classes of documents, where service of a document is required by these Rules to be effected on a person it may be effected in Papua New Guinea or elsewhere–

(b) by serving the document on the person by post as prescribed by Section 59; or

(c) if the person has an address for service for the purpose of the proceedings–by delivering the document at that address or by posting the document (by prepaid postage) as a letter to the person, or his lawyer, as the case may be, at that address; or

(d) by delivering the document at, or by properly addressing and posting (by prepaid postage) the document as a letter to the person at, the last address of the person known to the person on whose behalf the document is being served.

(1) Subject to Subsection (2), service of a document on a person by delivering it to him personally shall not be effected by the party to proceedings on whose behalf the document is being served but may be effected by another person in the presence of that party.

(2) Where it is impracticable for service of a document on a person to be effected in accordance with Subsection (1), the party to the proceedings on whose behalf the document is being served may effect service of the document on the person by delivering it to him personally, but in such a case he shall state in any affidavit of the service of the document sworn by him the circumstances that made it impracticable for another person to effect the service.

(3) Where service of a document on a person by delivering it to him personally is effected by the party on whose behalf the document is being served, that party shall obtain from the person a receipt for the document signed by the person unless the person refuses to sign and give a receipt for the document, and in any affidavit of the service of the document sworn by him that party shall state whether the person signed, or refused to sign, a receipt for the document.

(1) For the purpose of Section 57(b), service of a document on a person shall be effected by properly addressing and posting (by prepaid postage) the document, together with–

(b) an envelope (being, in the case of service effected in Papua New Guinea, a stamped envelope) having written on it the name of the person on whose behalf the document is being served, or the name of his lawyer, and his address for service,

as a letter, to the person at the last address of the person known to the person on whose behalf the document is being served.

(2) Subject to Subsection (3), where a document has been posted to a person in accordance with Subsection (1), service of the document on the person shall be deemed not to have been effected unless the person signs and returns to the person on whose behalf the document is being served, or to his lawyer, an acknowledgement of the service in Form 12.

(3) Where a document instituting proceedings has been posted to a person in accordance with Subsection (1), service of the document shall be deemed to have been duly effected on the person if, after the time when the document would in the ordinary course of post have been received by the person, the person files a document giving an address for service for the purpose of the proceedings.

(4) Where service of a document has been effected by posting the document to a person in accordance with Subsection (1), the date on which the person received the document shall be taken to be the date on which the service was effected.

Where service of a document is effected on a person in accordance with Section 57(c) or (d) by posting the document to the person or to his lawyer, service of the document shall, unless the contrary is proved, be deemed to have been effected on the person at the time when the letter containing the document would in the ordinary course of post be delivered at the address to which it is posted.

(1) This section applies, subject to the provisions of the relevant Convention, in relation to service of a document in a country that is a party to a Convention, extending to Papua New Guinea, regarding Legal Proceedings in Civil and Commercial matters.

(2) Where under a Convention referred to in Subsection (1) service of a document relating to proceedings is not to be effected in a country otherwise than in accordance with the Convention, service of such a document shall not be effected otherwise than–

(a) as nearly as practicable in accordance with Rule 64 of the Matrimonial Causes Rules of Australia; or

(1) Where the Registrar, on application made ex parte by a party to proceedings for an order under this section, is satisfied that it is not reasonably practicable for the party to effect service of a document in a manner specified in Section 57(a) to (d), as the case requires, the Registrar may, in his discretion, order–

(a) that service of the document be effected in a manner specified in the order; or

(b) that giving notice of the document and its effect by advertisement or otherwise, as specified in the order, be substituted for service of the document.

(2) Where an order has been made by the Court or by the Registrar authorizing the giving of notice of a document by advertisement, the form of the advertisement shall be approved by the Registrar.

(3) Where an order of a kind referred to in Subsection (1) has been made by the Court or by the Registrar in relation to service of a document on a person, compliance with that subsection shall, notwithstanding any other provision of these Rules, be deemed to be due service of the document on the person.

(1) Subject to these Rules, a petitioner shall cause service of the petition to be effected on–

(b) any person specified in the petition as a person on or with whom the respondent is alleged to have committed rape or sodomy.

(ii) if the person served is the respondent–a notice of petition or, if the person served is not the respondent–a notice of proceedings; or

(ii) if the person served is the respondent–a notice of petition or, if the person served is not the respondent–a notice of proceedings; and

(iv) an envelope (being, in the case of service effected in Papua New Guinea, a stamped envelope) having written on it the name of the petitioner or his lawyer and the address for service of the petitioner.

(1) Subject to these Rules, a person on whose behalf an answer to a petition is filed shall cause service of the answer to be effected on–

(a) each other party to any proceedings instituted by the petition who has an address for service for the purpose of the proceedings; and

(b) any person specified in the answer as a person with or on whom the petitioner is alleged to have committed adultery, rape or sodomy.

(2) Service of an answer to a petition shall be effected on a party to proceedings referred to in Subsection (1)(a) by serving, on the day on which the answer is filed or on the next following day, a copy of the answer on the person in a manner referred to in Section 57(c).

(3) Service of an answer to a petition shall be effected on a person referred to in Subsection (1)(b)–

(iv) an envelope (being, in the case of service effected in Papua New Guinea, a stamped envelope) having written on it the name of the respondent or his lawyer and the address for service of the respondent.

(4) Where a party to proceedings instituted by a petition files an address for service for the purpose of the proceedings on or after the day on which an answer to the petition is filed by another party to the proceedings, the party who filed the answer shall, on request made by the first-mentioned party, cause service of a copy of the answer to be effected, in a manner referred to in Section 57(c), on the first-mentioned party on the day on which the request is made or on the next following day.

(1) Service of a petition on a person is of no force and effect unless the notice of petition or notice of proceedings addressed to the person was in force, for the purposes of service, on the day on which service of the petition was effected.

(2) Where, under these Rules, service of an answer on a person is required to be effected by serving on the person a notice of proceedings addressed to the person in addition to a sealed copy of the answer, service of the answer on the person is of no force and effect unless the notice of proceedings addressed to the person was in force, for the purposes of service, on the day on which service of the answer was effected.

(2) Subject to this section, service of a petition on an infant shall be effected by–

(a) serving a sealed copy of the petition and a notice of petition or notice of proceedings, as the case requires, on the infant in a manner referred to in Section 57(a) or (b); and

(b) serving a sealed copy of the petition and a notice of proceedings, in a manner referred to in Section 57(a) or (b) on a parent of the infant, a person with whom the infant is residing or such other person as the Registrar specifies in an order made under Subsection (4).

(b) if a parent of the infant is not a party and service can be duly effected in Papua New Guinea on a parent of the infant–on a person with whom the infant is residing (not being his parent); or

(c) if a person with whom the infant is residing is under the age of 21 years or is not a kinsman of the infant–on that person,

(4) Where the Registrar is satisfied that, for any reason, a petitioner would otherwise be unable to comply with Subsection (2)(b), the Registrar may, by order, specify a person who, in the opinion of the Registrar, is a proper person to advise the infant in connection with the proceedings instituted by the petition as the person on whom a sealed copy of the petition may be served for the purpose of complying with that paragraph.

(5) Where the Registrar is satisfied that having regard to the age and understanding of the infant, it is proper, the Registrar may, by order, dispense with compliance with Subsection (2)(b).

(6) An application for an order under Subsection (4) or (5) may be made ex parte.

(7) This section applies in relation to service of an answer on an infant who is specified in the answer as a person with or on whom the petitioner is alleged to have committed adultery, rape or sodomy as if–

(b) references to a petitioner were references to a party on whose behalf an answer is filed; and

(c) references to a notice of petition or notice of proceedings, as the case requires, were references to a notice of proceedings; and

(d) the reference in Subsection (4) to proceedings instituted by the petition were a reference to the proceedings in answer to which the answer is filed and to any other proceedings instituted by the answer.

(2) Unless the Court or Registrar otherwise orders, service of a petition shall be effected on a person of unsound mind by serving, in a manner referred to in Section 57(a) or (b), a sealed copy of the petition and a notice of petition or notice of proceedings, as the case requires–

(a) if there is a committee of the person of unsound mind–on the committee; or

(b) if there is no such committee but there is a committee of the estate of the person of unsound mind–on the committee of the estate; or

(c) if there is no committee of the person, or committee of the estate, of the person of unsound mind but the Minister or an authorized person has signed a consent under Section 122 to act as the guardian ad litem of the person of unsound mind–on the Minister or the authorized person, as the case may be; or

(d) in any other case–on a person with whom the person of unsound mind is residing or the person under whose care he is.

(3) Service of a petition shall be deemed not to have been effected on a person of unsound mind in accordance with Subsection (2)–

(a) unless the sealed copy of the petition so served had written on it a notice directing the person on whom it is actually served to bring the contents of the petition to the notice of the person of unsound mind if, after consultation with the medical practitioner responsible for the treatment of the person of unsound mind, he is satisfied that it would not be detrimental to his health to do so; and

(b) unless the Court is satisfied, by affidavit of the person on whom the petition is served or otherwise, that the contents of the petition were brought to the notice of the person of unsound mind or that the medical practitioner referred to in Paragraph (a) has expressed the opinion that it would be detrimental to his health to do so.

(4) For the purposes of Subsection (2), a person of unsound mind who is a patient in an institution shall be deemed to be in the care of the superintendent or other person in direct charge of the institution.

(5) This section applies to the service of an answer on a person of unsound mind who is specified in the answer as a person with or on whom the petitioner is alleged to have committed adultery, rape or sodomy as if–

(b) references to a notice of petition or notice of proceedings, as the case requires, were references to a notice of proceedings.

(1) Subject to Subsection (2), where service of a document is effected on a person in the manner referred to in Section 57(a), the due service of the document shall be deemed not to have been proved by affidavit unless the person who delivered the document to the person to be served states in an affidavit–

(b) the means by which he established that the person to whom the document was delivered was the person required to be served with the document.

(2) Where service of a petition or answer is effected on the respondent or the petitioner, as the case may be, in the manner referred to in Section 57(a) and proof of the due service of the document is required at the trial of proceedings of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act, the due service of the document shall not be deemed to have been proved by affidavit unless–

(b) a person other than the person who delivered the document has, in an affidavit or in evidence given orally at the trial–

(i) verified the signature on a receipt given by the person to whom the document was delivered; or

(ii) corroborated in some other manner the fact that the person to whom the document was delivered is the person required to be served by the document.

(3) An affidavit on service of a document on a person personally shall be in Form 13.

(1) Subject to Subsection (2), where service of a document is effected on a person in the manner referred to in Section 57(b), the due service of the document shall be deemed not to have been proved by affidavit unless a person to whom an acknowledgement of service of the document was returned (being an acknowledgement that purports to be signed by the person to be served with the document), has deposed, in an affidavit to which the acknowledgement is annexed, to the manner in which the acknowledgement was returned to him.

(2) Where service of a petition or answer is effected on the respondent or the petitioner, as the case may be, in the manner referred to in Section 57(b) and proof of the due service of the document is required at the trial of proceedings of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act, the due service of the document shall not be deemed to have been proved by affidavit unless–

(b) the signature appearing on the acknowledgement of service of the document is verified as the signature of the person to be served with the document by the affidavit of, or by evidence given orally at the trial by, a person conversant with that signature.

(3) For the purposes of Subsection (2)(b), the signature appearing on an acknowledgement shall not be verified by the party to proceedings on whose behalf the document was served unless–

(a) it is not reasonably practicable for the signature to be verified by some other person; and

(b) the party states in his affidavit or in his evidence, as the case may be, the circumstances by reason of which it is not reasonably practicable.

Where service of a document is effected on a person in accordance with Section 57(c) or (d) by posting the documents to the person or to his lawyer, the due service of the documents shall be deemed not to have been proved by affidavit unless–

(a) the person who posted the document has stated in an affidavit the manner in which the envelope containing the document was addressed, the day on which, and the time of the day and place at which, the document was posted and that the document was posted as a letter and postage was prepaid; and

(b) in a case where the document was posted to a person at an address other than the address of the person–the person on whose behalf the document was served has stated in an affidavit the last address of the person to be served that was known to him at the time of the posting.

(1) Where, in accordance with an order of the Court or of the Registrar under these Rules, an advertisement is published in the National Gazette, in the Australian Government Gazette, in the government gazette of a State or Territory of Australia or in a newspaper, the person who obtained the order may deposit, in the proper office of the Court, a copy of the page of the National Gazette, Australian Government Gazette, government gazette or newspaper containing the advertisement.

(2) Where a copy of a page is deposited in accordance with Subsection (1), the Registrar shall cause the advertisement to be cut out of the page and annexed to a memorandum in Form 14, referring to, and giving the date of publication of the advertisement.

(3) A memorandum referred to in Subsection (1) shall be filed by the Registrar, and is evidence that the advertisement, a copy of which is annexed to the memorandum, was published in the National Gazette, Australian Government Gazette, government gazette or newspaper specified in the memorandum on the date specified in the memorandum.

Where a person states in an affidavit that he delivered or posted a copy of an application or a notice of hearing to a person, another copy of the application or notice shall be annexed to the affidavit.

Where a respondent or a person specified in a pleading as a person with or on whom a petitioner or respondent has committed adultery, rape or sodomy has given an address for service for the purpose of the proceedings, the petition or pleading shall be deemed to have been duly served on the respondent or that person without further proof of the service and, unless an affidavit or a certificate in accordance with Rule 64(8) of the Matrimonial Causes Rules of Australia, of the due service of the petition or pleading was filed before the document giving the address for service was filed, the petition or pleading shall, for all purposes, be deemed to have been served on the day on which the document giving the address for service was filed.

(1) The respondent or a co-respondent in proceedings instituted by petition, or a person named in a petition, may, by filing an answer–

(b) state that he does not know and cannot admit the truth of a fact alleged in the petition; or

(d) admit the truth of a fact, being a fact material to proceedings, instituted by the petition, to which he is a party or in which he is entitled to intervene under Section 33(2) of the Act or under Part IX.

(2) Where the respondent or a co-respondent in proceedings instituted by petition, or a person named in a petition, desires to submit to the Court that it should dismiss the proceedings, he shall, in an answer filed for the purpose, ask the Court to dismiss the proceedings.

(3) Where the respondent or a co-respondent in proceedings instituted by petition, or a person named in a petition, desires to submit to the Court that if it makes an order in favour of the petitioner the order should be different from the order sought by the petitioner, he shall, in an answer filed for the purpose, set out particulars of the order that, in his submission, the Court should make if it makes an order in favour of the petitioner.

(4) An answer shall be in Form 15, and shall be filed within the time limited by the notice of petition or notice of proceedings addressed to the person filing the answer.

(5) Where an answer to a petition contains an allegation that the petitioner has committed adultery, rape or sodomy with or on a specified person, the answer shall state the address and occupation, so far as they are known to the respondent, of the person.

(6) Where the address, at the date of the answer, of a person referred to in Subsection (5) is not known to the party filing the answer, the answer shall state that the address is not known to that party and the last address (if any) of the person known to that party.

(1) This section applies to an answer by which a respondent to a petition institutes proceedings for a decree of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act.

(2) An answer to which this section applies shall state that the respondent is, within the meaning of the Act, domiciled or resident, as the case may be, in Papua New Guinea, and if the respondent relies, for the purpose of establishing his domicile or residence in Papua New Guinea, on any facts other than facts included in the petition, the answer shall state those other facts.

(3) The facts, but not the evidence by which the facts are to be proved, on which the Court will be asked to make the decree sought in proceedings instituted by an answer to which this section applies shall be stated in the answer in as concise a form as the nature of the case allows.

(4) An answer instituting proceedings for a decree of dissolution of marriage or of judicial separation on a ground specified in Section 17(a) to (k) of the Act shall contain–

(b) a denial that he has condoned the ground, or a statement of all facts relevant to the question whether he has condoned the ground, including any facts relevant to the question whether the ground has been revived.

(5) An answer instituting proceedings for a decree of dissolution of marriage or of judicial separation shall contain a statement that, in bringing the proceedings, the respondent has not been guilty of collusion with intent to cause a perversion of justice.

(6) Sections 32, 36, 37, 38, 39, 41 and 50, so far as they are applicable to the circumstances of the particular case, apply to and in relation to an answer to which this section applies, being an answer by which the respondent to a petition is seeking a decree of dissolution of marriage or of restitution of conjugal rights, as if–

(b) references to a petitioner were references to the respondent to a petition; and

(7) Sections 32, 38, 43, 44 and 45, so far as they are applicable to the circumstances of the particular case, apply to and in relation to an answer to which this section applies, being an answer by which the respondent to a petition is seeking a decree of nullity of marriage, as if–

(b) references to a petitioner were references to the respondent to a petition; and

(d) references to a petition for a decree of dissolution of marriage were references to a petition for a decree of nullity of a voidable marriage.

(8) Sections 32, 36, 37 and 41, so far as they are applicable to the circumstances of the particular case, apply to and in relation to an answer to which this section applies, being an answer by which the respondent to a petition is seeking a decree of judicial separation, as if–

(b) references to a petitioner were references to the respondent to a petition; and

(d) references to a petition for a decree of dissolution of marriage were references to an answer by which the respondent to a petition is seeking a decree of judicial separation.

(1) A respondent or co-respondent to a petition who desires to have the jurisdiction of the Court determined shall file an answer under protest in Form 17 objecting to the jurisdiction of the Court.

(2) An answer under protest shall state the grounds on which the respondent or co-respondent objects to the jurisdiction of the Court.

(3) Where an answer under protest has been duly served, the party filing the answer may, within 14 days after the day on which the answer is filed, file an application to the Court for directions as to the time and place at which the objection is to be determined by the Court.

(4) It is not necessary for an application referred to in Subsection (3) to be supported by an affidavit.

(5) On the hearing of an application referred to in Subsection (3), the Court may also give directions as to whether disputed questions of fact are to be determined on evidence given orally or on evidence given by affidavit.

(6) Where the party filing an answer under protest does not file the application referred to in Subsection (3) within the time limited by that subsection, he shall be deemed to have waived the objection.

(7) After an answer under protest has been filed and service of the answer has been effected on him, a petitioner in the proceedings shall not continue the proceedings against the party who filed the answer unless–

(8) Where the Court has overruled an objection to its jurisdiction, the party who filed the answer under protest may, within such time as the Court allows, file a further answer to the petition.

(1) Where an answer to a petition contains any allegation of fact, the petitioner may, by filing a reply–

(b) state that he does not know and cannot admit the truth of a fact alleged in the answer; or

(c) allege an additional fact that has become relevant to proceedings to which the reply relates by reason of some fact alleged in the answer; or

(b) state that he does not know and cannot admit the truth of a fact alleged in the answer; or

being a fact material to proceedings, instituted by the answer, to which he is a party or in which he is entitled to intervene under Section 33(2) of the Act or under Part IX.

(3) Where proceedings have been instituted by an answer to a petition and the petitioner, a party cited or a person named in the answer desires to submit to the Court that it should dismiss the proceedings, he shall, in a reply filed for the purpose, ask the Court to dismiss the proceedings.

(4) Where proceedings have been instituted by an answer to a petition and the petitioner, a party cited or a person named in the answer desires to submit to the Court that if it makes an order in favour of the party who filed the answer the order should be different from the order sought by that party, he shall, in a reply filed for the purpose, set out particulars of the order that, in his submission, the Court should make if it makes an order in favour of that party.

(a) in the case of a reply by the petitioner–14 days after service of the answer on the petitioner; and

(b) in the case of a reply by a party cited or a person named in the answer–the time limited in the notice of proceedings served on the party cited or person named in relation to the answer.

(1) A petitioner who desires to have determined the jurisdiction of the Court to hear any proceedings instituted by an answer to the petition, or a party cited in an answer to a petition who desires to have determined the jurisdiction of the Court to which the petition is addressed, shall file a reply under protest, in Form 19, objecting to the jurisdiction of the Court.

(2) A reply under protest shall specify the grounds on which the petitioner or party cited objects to the jurisdiction of the Court.

(a) references to an answer under protest were references to a reply under protest; and

(b) the reference in Section 76(7) to a petitioner in proceedings were a reference to a petitioner or respondent in proceedings; and

(c) the reference in Section 76(8) to a further answer to the petition were a reference to a further reply to the answer.

(1) Where a reply contains an allegation of fact, the party who filed the answer in relation to which the reply was pleaded may, by filing a rejoinder–

(b) state that he does not know and cannot admit the truth of a fact alleged in the reply; or

(c) allege an additional fact that has become relevant to proceedings to which the rejoinder relates by reason of some fact alleged in the reply; or

(2) The time limited for filing a rejoinder by a party is 14 days after service of the reply on the party.

(1) Where a rejoinder or further rejoinder (in this section called “the pleading”) contains an allegation of fact, the party who filed the reply, rejoinder or further rejoinder in relation to which the pleading was pleaded may, by filing a further rejoinder–

(b) state that he does not know and cannot admit the truth of a fact alleged in the pleading; or

(c) allege an additional fact that has become relevant to proceedings to which the further rejoinder relates by reason of some fact alleged in the pleading; or

(2) The time limited for filing a further rejoinder by a party is 14 days after service on the party of the pleading to which it is pleaded.

In this Division, unless the contrary intention appears, “pleading” means an answer, reply, rejoinder or further rejoinder.

Where a person who is entitled to deny a fact alleged in a pleading filed in proceedings does not, in a pleading filed by him–

he shall be deemed to have admitted the truth of the fact for the purpose of the proceedings.

(2) Where a pleading is settled by a lawyer, the name of the lawyer shall be written on the pleading.

(a) if the party filing the pleading is represented by a lawyer–by the lawyer personally; or

(b) if the party filing the pleading is not represented by a lawyer–by the party.

(1) The party filing a pleading shall, by an affidavit written on his pleading and sworn within 21 days before his pleading is filed–

(a) verify the facts stated in his pleading of which he has personal knowledge; and

(b) depose as to his belief in the truth of every other fact stated in his pleading.

(2) Section 34(2) and (3) apply in relation to an affidavit verifying a pleading as if references to a petition and a petitioner were references to a pleading and a party filing a pleading, respectively.

(3) Where the party filing a pleading states in the pleading that he does not know and cannot admit the truth of a particular fact, he shall state, in his affidavit verifying the pleading, that he does not know and cannot admit the truth of the fact.

(1) A party who files a pleading for the purpose of proceedings shall cause service of a copy of the pleading to be effected, in a manner referred to in Section 57(c), on each other party to the proceedings who has, at the day on which the pleading is filed, an address for service for the purpose of the proceedings.

(2) For the purpose of Subsection (1), a copy of a pleading shall be served on the day on which the pleading is filed or on the next following day.

(3) Where a party files an address for service for the purpose of any proceedings on or after the day on which a pleading is filed, the party who filed the pleading shall, on request made by the first-mentioned party, cause service of a copy of the pleading to be effected in a manner referred to in Section 57(c) on the first-mentioned party on the day on which the request is made or on the next following day.

(4) This section does not apply in relation to service of an answer to a petition.

(1) Subject to Subsection (2), a party to any proceedings on whose behalf a pleading has been filed may withdraw the pleading by filing a notice in Form 20 and causing service of a copy of the notice to be effected, in a manner referred to in Section 57(c), on each other party to the proceedings who has an address for service for the purpose of the proceedings.

(2) Where an order pending the disposal of proceedings instituted by a petition is in force, the petition shall not be withdrawn under Subsection (1) except by leave of the Court.

(3) Where a petitioner withdraws his petition, the proceedings instituted by the petition, and any proceedings instituted in relation to those proceedings, are discontinued, but the discontinuance does not affect the continuance of–

(a) any proceedings for a decree of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act instituted by the respondent to the petition by answer to the petition; or

(b) any proceedings of a kind referred to in Paragraph (c) or (d) of that definition that are in relation to proceedings instituted by that answer.

(4) Where a party to any proceedings withdraws a pleading other than a petition, the proceedings, other than any proceedings instituted by that pleading, may be continued as if the party had never filed the pleading.

(5) Where a party to proceedings withdraws a pleading, any other party to the proceedings who has filed a pleading for the purpose of the proceedings may make application to the court in which the proceedings are or were pending for an order as to the costs occasioned by the pleading and the withdrawal.

PART VIII. – AMENDMENT OF PLEADINGS AND SUPPLEMENTARY PETITIONS AND ANSWERS.

(a) necessary for the purpose of determining the real questions in controversy between the parties; and

(2) An amendment shall not be made to a petition or answer if the amendment would have the effect of instituting proceedings of a kind referred to in Paragraph (c) of the definition “matrimonial cause” in Section 1(1) of the Act.

(3) Subsection (2) does not apply to an amendment to a petition that has not been served on a party to the proceedings or on a person named in the petition.

(4) A party to a marriage shall not, by amending a pleading filed by him in proceedings, seek a decree of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act on a ground arising after the date on which the pleading was filed.

A petition may be amended by the petitioner if it has not been served on a party to the proceedings or on a person named in the petition.

(1) Subject to Subsection (2), where a pleading filed on behalf of a party to any proceedings has been served on another party to the proceedings, or on a person on whom service of the pleading is required by these Rules to be effected although the person is not a party to the proceedings, the pleading may be amended by the party who filed it–

(a) if it had not been amended after having been so served–without the leave of the Court or the Registrar; or

(b) if it has been amended on a previous occasion after having been so served–by leave of the Court or the Registrar.

(2) Except by leave of the Court, a pleading in any proceedings shall not be amended after–

(a) a compulsory conference relating to the proceedings has been held for the purpose of Division XI.6; or

(3) Where the Court or Registrar gives leave to amend a pleading, the Court or Registrar may also, by order–

(a) dispense with service of the amended pleading on a person, whether or not the person is a party to the proceedings; and

(b) specify the manner in which service of the amended pleading may be effected on a person; and

(4) Where the Court or Registrar gives a party leave to amend a pleading, the party may cause the pleading to be amended accordingly within seven days after the leave is given.

(5) Where service of an amended pleading is to be effected on a party who has an address for service for the purpose of proceedings, the service shall be effected on the day on which the pleading is amended or on the next following day.

(1) An amendment shall not be made to a pleading so as to alter a fact alleged in the pleading or to include an additional fact in the pleading, unless the party on whose behalf the pleading was filed has filed an affidavit–

(b) deposing as to his belief in the truth of the altered fact or additional fact, as the case may be.

(2) An amendment shall not be made to a petition or answer so as to allege additional facts that constitute a ground for a decree of dissolution of marriage or of judicial separation specified in Section 17(a) to (k) of the Act and to seek such a decree on that ground, unless the party who filed the petition or answer has filed an affidavit in which he–

(b) denies that he has condoned the ground or states all facts relevant to the question whether he has condoned the ground, including any facts relevant to the question whether that ground has been revived; and

(c) states that, in bringing the proceedings for the decree on the ground, he has not been guilty of collusion with intent to cause a perversion of justice.

(3) A party shall be deemed to have complied with the requirements of Subsections (1) and (2) if the matters required by those provisions to be included in an affidavit are included in an affidavit by the party in support of an application for leave to amend the pleading.

(1) Subject to this section, where application is made for leave to amend a pleading filed for the purpose of any proceedings, the applicant shall cause service of the application to be effected on each other party to the proceedings who has an address for service for the purpose of the proceedings.

(2) Subsection (1) does not apply to an application that is made to the Court on the trial of the Proceedings for the purpose of which the pleading was filed.

(3) An application to amend a pleading may be made ex parte if no party, other than the party who filed the pleading, has an address for service.

(1) A pleading shall be amended by writing the alterations or additions on the pleading in red ink, or in any other manner that distinguishes the alterations or additions from the original pleading and from any previous amendment.

(2) Where a pleading is amended by a party by leave of the Court or Registrar, his lawyer, or, if he is not represented by a lawyer, the party shall write at the top of the front page of the pleading, in red ink, particulars of the date on which the amendment is made to the pleading, in the following form:–

(3) Where a pleading is amended by a party without the leave of the Court or Registrar, the lawyer for the party, or if the party is not represented by a lawyer, the party shall write at the top of the front page of the pleading, in red ink, particulars of the date on which the amendment is made to the pleading, in the following form:–

(4) A lawyer or party writing on a pleading the particulars required by Subsection (2) or (3) shall sign his name immediately under the particulars and inform the Registrar without delay of the nature of the amendments made by him to the pleading.

(5) Where the amendments made to the pleading are so numerous or of such a nature that the pleading is difficult or inconvenient to read, or where making amendments to a pleading in the manner provided by Subsection (1) would make the pleading difficult or inconvenient to read, the party making the amendments–

(6) Compliance with Subsection (1) is not necessary where, before a party writes the alterations or additions on the pleading in accordance with that subsection, he files a copy of the pleading as amended, but every copy of the pleading as amended shall bear the notation specified in Subsection (2) or (3), as the case requires.

(1) Where a pleading is amended before service of the pleading has been effected on a person on whom service of it is, by these Rules, required to be effected, service on the person of the pleading otherwise than as so amended is not due service for the purpose of these Rules.

(2) Subject to these Rules and to any order made under Section 89(3), where a pleading is amended after service of the pleading has been effected on a person, service of the amended pleading on the person shall be effected–

(a) if the person has an address for service–by serving, in the manner referred to in Section 57(c), a copy of the amended pleading on the person on the day on which the pleading is amended or on the next following day; or

(b) in any other case–by serving, in a manner referred to in Section 57(a) or (b), a copy of the amended pleading on the person, as soon as practicable after the amendment is made.

(a) a petition is amended by adding an allegation that the respondent has committed adultery, rape or sodomy with or on a specified person, not being a person on whom service of the petition has been effected; or

(b) an answer is amended by adding an allegation that the petitioner has committed adultery, rape or sodomy with or on a specified person, not being a person on whom service of the answer has been effected,

service of a sealed copy of the amended petition or amended answer shall be effected on the person in a manner referred to in Section 57(a) or (b).

(4) These Rules apply in relation to service of a sealed copy of an amended copy of an amended petition or an amended answer on a person referred to in Subsection (3) in like manner as they apply in relation to service of a sealed copy of a petition or answer on the person.

(1) Where a pleading has been amended, a person on whom service of a copy of the amended pleading has been effected shall not file a pleading in reply to the first-mentioned pleading but may file a pleading in reply to the amended pleading.

(2) For the purposes of these Rules, the time limited for filing a pleading in reply to the amended pleading commences from the day on which service of the amended pleading was effected on the person referred to in Subsection (1).

(1) Where a pleading is amended after a pleading (in this section called “the subsequent pleading”) has been filed in reply to it, the party who filed the subsequent pleading may, within 10 days after the day on which service of the amended pleading was effected on him or within such other time as is specified in an order under Section 89(3), amend the subsequent pleading in such manner as he thinks desirable.

(2) An amendment of the subsequent pleading may be made in accordance with Subsection (1) without the leave of the Court or the Registrar and does not count as an amendment for the purposes of Section 89(1), but the other provisions of this Division apply to and in relation to the amendment.

(1) Where a ground on which a petitioner or respondent may seek a decree of dissolution of marriage or judicial separation arises after the petition was filed by the petitioner or an answer was filed by the respondent, as the case may be, the petitioner may, by filing a supplementary petition, or the respondent may, by filing a supplementary answer, seek appropriate relief of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act.

(1) In this section, “the petition” means the petition instituting the proceedings in relation to which the supplementary petition is filed.

(2) In a supplementary petition, the facts, but not the evidence by which the facts are to be proved, on which the Court will be asked to make the decree sought by the supplementary petition shall be stated in as concise a form as the nature of the case allows.

(3) A supplementary petition shall state the address and occupation, so far as they are known to the petitioner, of any person specified in the supplementary petition as a person with or on whom the respondent is alleged to have committed adultery, rape or sodomy.

(4) Where the address, at the date of the supplementary petition, of a person referred to in Subsection (3) is not known to the petitioner, the supplementary petitioner shall state that the address is not known to the petitioner, and also state the last address (if any) of the person known to the petitioner.

(5) Subject to Subsection (7), Sections 27(2) and (3), 33, 34, 36, 37, 38, 39 and 41, so far as they are applicable to the circumstances of the particular case, apply to and in relation to a supplementary petition for a decree of dissolution of marriage as if references to a petition were references to a supplementary petition.

(6) Subject to Subsection (7), Sections 27(2) and (3), 33, 34, 36, 37 and 41, so far as they are applicable to the circumstances of the particular case, apply to and in relation to a supplementary petition for a decree of judicial separation as if references to a petition were references to a supplementary petition and references to a petition for a decree of dissolution of marriage were references to a supplementary petition for a decree of judicial separation.

(7) It is not necessary to include in a supplementary petition any matter that is included in the petition.

“the answer” means the answer in the proceedings in relation to which the supplementary answer is filed;

“the petition” means the petition in relation to which the answer is filed.

(2) In a supplementary answer, the facts, but not the evidence by which the facts are to be proved, on which the Court will be asked to make the decree sought by the supplementary answer shall be stated in as concise a form as the nature of the case allows.

(3) A supplementary answer shall state the address and occupation, so far as they are known to the respondent, of any person specified in the supplementary answer as a person with or on whom the petitioner is alleged to have committed adultery, rape or sodomy.

(4) Where the address, at the date of the supplementary answer, of a person referred to in Subsection (3) is not known to the respondent, the supplementary answer shall state that the address is not known to the respondent, and also state the last address (if any) of the person known to the respondent.

(5) Subject to Subsection (7), Sections 27(2) and (3), 33, 34, 36, 37, 38, 39 and 41, so far as they are applicable to the circumstances of the particular case, apply to and in relation to a supplementary answer by which the respondent is seeking a decree of dissolution of marriage as if–

(b) references to a petitioner were references to the respondent to the petition; and

(d) references to a petition for a decree of dissolution of marriage were references to a supplementary answer by which the respondent to a petition is seeking a decree of judicial separation.

(7) It is not necessary to include in a supplementary answer any matter that is included in the answer or the petition.

(1) A supplementary petition instituting proceedings for a decree of dissolution of marriage or of judicial separation on a ground specified in Section 17(a) to (k) of the Act, or alleging facts relied on as constituting such a ground, shall contain–

(2) A supplementary petition instituting proceedings for a decree of dissolution of marriage or of judicial separation, or alleging facts relied on as constituting a ground for the making of such a decree, shall contain a statement that, in bringing the proceedings or alleging the facts, the petitioner has not been guilty of collusion with intent to cause a perversion of justice.

(3) Subsections (1) and (2) apply in relation to a supplementary answer in like manner as they apply in relation to a supplementary petition, and as if–

(b) references to a supplementary petition were references to a supplementary answer.

(a) an award of damages under Section 32 of the Act against a person specified in a supplementary petition as a person with whom the respondent is alleged to have committed adultery; or

(b) an order as to costs related to proceedings for the decree sought by a supplementary petition,

the supplementary petition shall set out particulars of the award (including the amount of damages) or order sought.

(a) an award of damages under Section 32 of the Act against a person with whom the petitioner is alleged to have committed adultery; or

(b) an order as to costs related to proceedings for the decree sought by a supplementary answer,

the supplementary answer shall set out particulars of the award (including the amount of damages) or order sought.

(1) Subject to Section 94(2) of the Act, service of a supplementary petition shall be effected on–

(b) each person (if any) specified in the supplementary petition as a person with or on whom the respondent is alleged to have committed adultery, rape or sodomy; and

(c) any other person who, being a party to the proceedings instituted by the petition, has an address for service for the purpose of those proceedings.

(2) Service of a supplementary petition shall be effected on a person who has an address for service by serving a sealed copy of the supplementary petition on the person in the manner referred to in Section 57(c).

(3) Service of a supplementary petition shall be effected on a person who does not have an address for service–

(ii) a notice of petition or a notice of proceedings, as the case requires, in relation to the supplementary petition; or

(ii) a notice of petition or a notice of proceedings, as the case requires, in relation to the supplementary petition; and

(iii) a form, in Form 12, for acknowledging service of the supplementary petition; and

(a) references to a supplementary petition were references to a supplementary answer; and

(d) references to a notice of petition or a notice of proceedings, as the case requires, were references to a notice of proceedings.

(1) The time limited for the filing of an answer to a supplementary petition is–

(a) in the case of a person on whom a notice of petition or a notice of proceedings is served with the sealed copy of the supplementary petition–the time specified in that notice for the filing of an answer; and

(b) in the case of any other person on whom service of a supplementary petition is effected–14 days after service of the supplementary petition on the person.

(a) in the case of a person on whom a notice of proceedings is served with the sealed copy of the supplementary answer–the time specified in the notice for the filing of a reply; and

(b) in the case of any other person on whom service of a supplementary answer is effected–14 days after service of the supplementary answer on the person.

For the purpose of Part VII, a supplementary petition shall be deemed to be a petition, and a supplementary answer shall be deemed to be an answer to a petition.

Subject to the Act, to these Rules and to any order made by the Court on the trial of the proceedings or by the Registrar on the hearing of an application to the Registrar, a person named in the title to a document instituting proceedings, or making an application to the Registrar, is not a party to the proceedings or application unless he is affected by the proceedings or application, notwithstanding that he may be a party to a related proceedings by reason of which he is so named.

Where a person is entitled to intervene in proceedings under Section 33(2) of the Act, he may intervene in the proceedings by filing, within the time limited for doing so–

(a) if the allegation by reason of which he is entitled to intervene is contained in a petition or supplementary petition–an answer to the petition or supplementary petition; or

(b) if the allegation is contained in an answer or a supplementary answer–a reply to the answer or supplementary answer.

(1) In this section, “suit” means the proceedings instituted by a petition, and includes any proceedings–

(a) instituted by a supplementary petition filed in relation to the petition; or

(b) instituted by an answer or supplementary answer to the petition or by a supplementary petition filed in relation to the petition; or

(c) ordered by the Court under Section 169, or deemed by virtue of Section 192 or 213, to have been consolidated with any proceedings so instituted,

but does not include proceedings for an order pending the disposal of other proceedings.

(2) Where the petitioner alleges, in a petition for a decree of dissolution of marriage or of judicial separation, that the respondent has committed adultery or sodomy with or on a person whose name is unknown to the petitioner at the time of filing the petition, the suit shall not be set down for trial unless the Court has made an order dispensing with the naming of the person.

(3) The petitioner shall make application for an order under Subsection (2) after service of the petition has been effected on the respondent or after service has been dispensed with under Section 94(2) of the Act.

(4) The affidavit in support of an application for an order under Subsection (2) shall state particulars of any enquiries made by the petitioner for the purpose of ascertaining the name of the person.

(5) Service of an application for an order under Subsection (2) shall be effected on the respondent unless the Court has dispensed with service of the petition on the respondent.

(6) This section applies to and in relation to proceedings in which the respondent alleges, in an answer to a petition, that the petitioner has committed adultery or sodomy with or on a person whose name is unknown to the respondent at the time of filing the answer as if–

(1) Where a petitioner alleges in a petition for a decree of dissolution of marriage or of judicial separation that the respondent has committed adultery or sodomy with or on a person whose name is unknown to the petitioner at the time of filing the petition, and subsequently becomes aware of the name of the person at any time before the making of the decree in the proceedings, he shall amend the petition accordingly.

(a) service of the amended petition shall be effected on the respondent and on the person to whom the amendment relates; and

(b) if the petitioner alleges in the petition that the respondent committed adultery with that person, he becomes, subject to this Part, a party to the proceedings for a decree of dissolution of marriage or of judicial separation.

(3) Where a respondent alleges in an answer to a petition that the petitioner has committed adultery or sodomy with or on a person whose name is unknown to the respondent at the time of filing the answer, and subsequently becomes aware of the name of the person at any time before the making of the decree in the proceedings in relation to which the answer was filed, he shall amend the answer accordingly.

(a) service of the amended answer shall be effected on the petitioner and on the person to whom the amendment relates; and

(b) if the respondent alleges in the answer that the petitioner committed adultery with that person, he becomes, subject to this Part, a party to any proceedings for a decree of dissolution of marriage or of judicial separation instituted by the petition or answer.

(5) These Rules apply in relation to the service of an amended petition or an amended answer on the person to whom the amendment relates in the same manner as they apply to the service of a petition or answer on a person.

(7) Where a petition or answer is amended under this section, service of the amended petition or amended answer shall be effected on the respondent or petitioner, as the case may be, but need not be effected on any other person on whom service of the petition or answer, as the case may be, has been effected before it was so amended.

(8) Subject to this Section, Division VIII.1 applies to and in relation to an amendment made under this section.

(1) Nothing in Section 33(1) of the Act requires a deceased person to be made a party to proceedings.

(2) Where, in proceedings for a decree of dissolution of marriage or of judicial separation, a co-respondent, party cited or party named dies after the institution of the proceedings or the filing of the answer, as the case may be, but before the making of a decree in the proceedings, the petitioner shall amend the petition, or the respondent shall amend the answer, by alleging in the petition or answer the death of the person and the date on which he died.

(3) Where a petition or answer is amended under Subsection (2) to allege the death of a person who, at the date of the amendment, is a party to the proceedings, the person alleged to have died ceases to be a party to the proceedings and the title to the proceedings and record of the proceedings shall be deemed to have been amended accordingly.

(5) A petitioner who amends a petition, or a respondent who amends an answer, under this section shall, as soon as possible after the amendment is made, inform the Registrar of the nature of the amendment made by him to the petition or answer and give notice of the amendment, including a copy of each amended paragraph or new paragraph in the petition or answer, to each party to the proceedings who has an address for service for the purpose of the proceedings.

(6) Proceedings do not abate on the death of a co-respondent, party cited or party named, but the Court shall not make a finding of adultery or sodomy, as the case may be, against such a party who has died.

(a) in a petition for a decree of dissolution of marriage or of judicial separation–the respondent; or

(b) in an answer to such a petition or in an answer by which proceedings for such a decree are instituted–the petitioner,

is alleged to have committed adultery with a specified person who, at the date of the petition or answer, is under the age of 14 years, whether or not such a decree is sought on the ground of the adultery, the person shall not be made a party to the proceedings except in accordance with Subsection (3), but service of the petition or answer, as the case may be, shall be duly effected on the infant.

(3) A person under the age of 14 years with whom a petitioner or respondent is alleged to have committed adultery may intervene in the proceedings by filing, within the time limited for doing so–

(a) if the allegation is contained in a petition–an answer to the petition; or

(a) in a petition instituting proceedings for a decree of dissolution of marriage or of judicial separation–the respondent; or

(b) in an answer to a petition instituting proceedings for such a decree–the petitioner; or

is alleged to have committed adultery, whether or not such a decree is sought on the ground of the adultery, with a person (in this section referred to as “the infant”) who–

(d) at the date of the petition, or answer, as the case may be, is under the age of 21 years; and

(i) if the respondent or petitioner is a male person–his female descendant or sister, or a female child adopted by him; or

(ii) if the respondent or petitioner is a female person–a descendant or brother of, or a male child adopted by her.

(3) Where this section applies to any proceedings, the infant shall not be made a party to the proceedings except in accordance with this section, but service of the petition or answer, as the case may be, shall be duly effected on the infant.

(4) Where this section applies to any proceedings by reason of the fact that an allegation referred to in Subsection (2) is included in a petition, the petitioner shall, before service of the petition on any person, make application to the Court for leave to serve the petition notwithstanding that the infant is not a party to the proceedings.

(5) Where this section applies to any proceedings by reason of the fact that an allegation referred to in Subsection (2) is included in an answer, the respondent shall, before service of the answer on any person, make application to the Court for leave to serve the answer notwithstanding that the infant is not a party to the proceedings.

(a) if it is satisfied that it is in the interest of the infant that he should not be a party to the proceedings–by order, grant to the petitioner leave to serve the petition, or grant to the respondent leave to serve the answer, as the case may be, notwithstanding that the infant is not a party to the proceedings; or

(b) if it is not so satisfied–by order, direct that the infant be made a party to the proceedings.

(8) Where the Court makes an order under Subsection (7), the Court may also, by order, specify an adult person on whom service of the petition or answer may be effected, and for the purpose of Section 66(2) service of the petition or answer on the person so specified shall be deemed to be service on a person specified in Section 66(2)(b).

(9) Where, in proceedings to which this section applies, the Court has granted leave to serve a petition or answer notwithstanding that the infant is not a party to the proceedings, the infant may intervene in the proceedings by filing, within the time limited for doing so after service of the petition or answer on the infant, an answer to the petition or a reply to the answer, as the case requires.

(10) Where the Court has directed that the infant become a party to the proceedings, the petitioner shall amend the title of the petition or the respondent shall amend the title of the answer accordingly, and the infant shall than be deemed to have been made a party to the proceedings.

(11) For the purpose of Subsection (2), it is immaterial whether the relationship is of the whole blood or half-blood, or whether it is traced through or to any person of illegitimate birth.

(1) Where an infant desires to institute proceedings in a matrimonial cause, a person may institute the proceedings on behalf of the infant.

(2) Proceedings referred to in Subsection (1) shall, unless the Court otherwise orders, be deemed void and of no effect unless the person instituting them has been elected or appointed to be the guardian ad litem of the infant for the purpose of the proceedings–

(a) in the case of proceedings for a decree of a kind referred to in Paragraph (a) of the definition of “matrimonial cause” in Section 1(1) of the Act–before service of the petition has been effected on any person; or

(b) in the case of proceedings, being an application for leave to institute proceedings for such a decree–before the hearing of the application; or

(1) Subject to Subsection (4), where the respondent or a co-respondent in any proceedings instituted by a petition, or a person named in a petition, is an infant, a guardian ad litem may file, on behalf of the infant–

(b) if he does not desire to file an answer but desires to take any other action in the proceedings on behalf of the infant–a notice of address for service.

(2) Subject to Subsection (4), where a party cited in any proceedings, or a person named in an answer, is an infant, a guardian ad litem may file, on behalf of the infant–

(b) if he does not desire to file a reply but desires to take any other action in the proceedings on behalf of the infant–a notice of address for service.

(3) A guardian ad litem of an infant who has an address for service for the purpose of any proceedings may take such further action in and in relation to the proceedings on behalf of the infant as the guardian thinks proper and the infant might have taken if he had been of full age.

(4) Where a co-respondent, party cited or person named is an infant, it is not necessary for a guardian ad litem to be elected or appointed in order that the infant may file an answer or reply or take any other action in relation to the proceedings, but the infant may file the answer or take the action either by his lawyer or in person.

A guardian ad litem may apply for leave to intervene, and may intervene, under Part VI of the Act, in proceedings on behalf of an infant.

(1) Where an infant is a party to any proceedings, references in these Rules to an affidavit of the party shall, notwithstanding that a guardian ad litem of the infant has been elected or appointed, be read as references to an affidavit sworn by the infant.

(2) The Court may, in a particular case, order that an affidavit required by or under these Rules to be sworn by a party to proceedings who is an infant be sworn by the guardian ad litem of the infant.

(1) Proceedings in a matrimonial cause may be instituted on behalf of a person of unsound mind–

(a) if there is a committee who is able and willing to act for him in connection with the proceedings–by the committee; or

(b) if the Minister or an authorized person files a consent under Section 122–by the Minister or the authorized person; or

(2) Where proceedings referred to in Subsection (1) are instituted by a committee of a person of unsound mind, the committee shall be deemed, for the purpose of this Part, to be the guardian ad litem of the person of unsound mind for the purpose of the proceedings.

(3) Unless the Court otherwise orders, where proceedings referred to in Subsection (1) are instituted by a person referred to in Subsection (1)(c), the proceedings shall be deemed void unless the person has been appointed the guardian ad litem of the person of unsound mind for the purpose of the proceedings–

(b) in the case of proceedings, being an application for leave to institute proceedings for such a decree–before the hearing of the application; or

(1) Where the respondent or a co-respondent in proceedings instituted by a petition, or a person named in a petition, is a person of unsound mind, a committee of the person of unsound mind or a guardian ad litem may, on his behalf, file–

(b) if he does not desire to file an answer but desires to take other action in the proceedings on behalf of the person of unsound mind–a notice of address for service.

(2) Where a party cited in proceedings, or a person named in an answer, is a person of unsound mind, a committee of the person of unsound mind or a guardian ad litem may file, on his behalf–

(b) if he does not desire to file a reply but desires to take other action in the proceedings on behalf of the person of unsound mind–a notice of address for service.

(3) A committee of a person of unsound mind or a guardian ad litem of a person of unsound mind who has an address for service for the purpose of any proceedings may take such further action in and in relation to the proceedings on behalf of the person as the committee or guardian thinks proper and the person might have taken if he had not been of unsound mind.

A committee or guardian ad litem of a person of unsound mind may apply for leave to intervene, and may intervene, under Part VI of the Act, in proceedings on behalf of the person of unsound mind.

(1) Where a person of unsound mind is a party to any proceedings, references in these Rules to an affidavit of the party shall be read as references to an affidavit sworn by the guardian ad litem of the party, or by the person who is deemed for the purpose of this Part to be the guardian ad litem of the party, as the case may be.

(2) The Court may, in a particular case, order that an affidavit required by or under these Rules to be sworn by the guardian ad litem of a party to proceedings who is a person of unsound mind be sworn by the party.

(1) Subject to Subsection (2), an infant may, by signing an election in Form 23, elect his father, mother or legal guardian to be his guardian ad litem for the purpose of proceedings.

(3) An election under Subsection (1) shall have written on it the consent of the father, mother or legal guardian, as the case may be, to act as guardian ad litem of the infant for the purpose of the proceedings.

(1) Where an infant desires some person other than his father, mother or legal guardian to be his guardian ad litem for the purpose of any proceedings–

(a) the infant may consent in writing to the person being appointed his guardian ad litem for the purpose of any proceedings; and

(b) when the infant has done so, the person may make application to the Registrar to be appointed the guardian ad litem of the infant for that purpose.

(2) There shall be filed in support of an application for appointment as guardian ad litem of an infant–

(a) an affidavit by the applicant setting forth the reasons why the infant did not elect his father, mother or legal guardian to be his guardian ad litem; and

(b) an affidavit by a credible person deposing to the fitness of the applicant to act as guardian ad litem of the infant.

(3) The consent referred to in Subsection (1)(a) shall be annexed to the affidavit of the applicant in support of the application, and the signature appearing on the consent shall be verified as the signature of the infant by the affidavit of a person (who may be the applicant) conversant with the signature of the infant.

(5) Where, on application made under this section, the Registrar is satisfied that the applicant is a fit and proper person to act as the guardian ad litem of the infant in the proceedings or proposed proceedings and that it is desirable that he be appointed, the Registrar shall appoint him accordingly.

(1) Where the Minister or an authorized person signs a consent in Form 24 to act as the guardian ad litem of a party to proceedings or proposed proceedings who is–

(a) detained in an institution where persons may be confined for unsoundness of mind in accordance with law; or

the consent may be filed and the Minister or authorized person, as the case may be, becomes the guardian ad litem of the person for the purpose of the proceedings or proposed proceedings.

(2) For the purpose of Subsection (1), a person desiring to intervene in any proceedings shall be deemed to be a party to the proceedings notwithstanding that he has not yet intervened in the proceedings.

(3) The Minister may, by writing under his hand, appoint a person (including a corporation sole) to be an authorized person for the purposes of this section generally or in respect of a particular person of unsound mind.

(4) Notice of an appointment, not being an appointment in respect of a particular person of unsound mind, under Subsection (3) shall be published in the National Gazette.

(b) the Minister or an authorized person has not filed a consent under Section 122 to act as the guardian ad litem of the party for the purpose of the proceedings; and

a fit and proper person may apply to the Registrar to be appointed the guardian ad litem of the party for that purpose.

(3) For the purpose of Subsection (2), a person desiring to intervene in any proceedings shall be deemed to be a party to the proceedings notwithstanding that he has not yet intervened in the proceedings.

(4) There shall be filed in support of an application under this section an affidavit by a credible person deposing to the fitness of the applicant to act as guardian ad litem of the person of unsound mind.

(6) Where, on application made under this section, the Registrar is satisfied that the applicant is a fit and proper person to be appointed the guardian ad litem of the person of unsound mind for the purpose of the proceedings and that it is desirable that he be appointed, the Registrar shall appoint him accordingly.

(1) Where a person who is a party to any proceedings or who desires to intervene in any proceedings is an infant or a person of unsound mind, the Court may, at any stage of the proceedings, if it thinks it advisable, appoint a fit and proper person to be the guardian ad litem of the person for that purpose.

(ii) a person willing and able to act as the guardian ad litem of the person; or

A corporation sole authorized by or under a law to be appointed, or to act as, the guardian ad litem or next friend of a person of unsound mind may make application under Section 123 or 124 to be appointed, and may be appointed, the guardian ad litem of a person of unsound mind for the purpose of proceedings.

The Court may, subject to such conditions as it thinks proper, remove a person from the office of guardian ad litem of an infant or person of unsound mind where–

(b) the Court thinks that it is desirable that the person should be removed from the office.

(a) of the respondent or a co-respondent in proceedings instituted by a petition, or of a person named in a petition–shall serve notice of the fact on the petitioner; and

(b) of any party cited in proceedings, or of a person named in an answer–shall serve notice of the fact on the petitioner and respondent.

(2) Notice that a person has become a guardian ad litem shall be served on the day on which the person becomes the guardian ad litem or on the next following day.

(3) Where an order appointing a person to be a guardian ad litem is made on the application of a party to any proceedings, it is not necessary for a notice required by Subsection (1) to be served on that party.

Where a lawyer is the guardian ad litem of a party to proceedings, neither he nor his partner shall act in the proceedings as the lawyer for the party.

(1) Subject to these Rules, where a pleading is filed on behalf of a party to any proceedings after the time limited for the filing of the pleading has expired, any other party to the proceedings may continue the proceedings as if the pleading had not been filed unless–

(a) the party filing the pleading in answer to which the first-mentioned pleading was filed consented to, or waived objection to, the late filing of the pleading; or

(2) Consent to the filing of a pleading after the expiration of the time limited for the filing of the pleading shall be endorsed on the pleading and signed–

(a) if the party on whose behalf the pleading is filed is represented by a lawyer–by the lawyer; or

the petitioner shall not continue the proceedings instituted by the petition, or institute in relation to those proceedings any proceedings of a kind referred to in Paragraph (c) or (d) of the definition “matrimonial cause” in Section 1(1) of the Act, unless–

(d) a person has become the guardian ad litem of the respondent for the purpose of the proceedings; and

(e) the time limited for the filing of an answer by the guardian ad litem has expired.

(a) an infant or person of unsound mind is specified in a petition as a person with or on whom the respondent has committed adultery, rape or sodomy; and

the petitioner shall not continue the proceedings for a decree of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act instituted by the petition unless–

(d) a person has become the guardian ad litem of the person specified for the purpose of the proceedings; and

(e) the time limited for the filing of an answer by the guardian ad litem has expired.

(a) an infant or person of unsound mind is specified in an answer to a petition as a person with or on whom the petitioner has committed adultery, rape or sodomy; and

neither the petitioner nor the respondent shall continue the proceedings for a decree of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act instituted by the petition, or proceedings (if any) for such decree instituted by the answer, unless–

(d) a person has become the guardian ad litem of the person for the purpose of the proceedings; and

(e) the time limited for the filing of a reply by the guardian ad litem has expired.

(5) A petitioner or respondent shall not be deemed to continue proceedings for the purposes of this section by reason of–

(a) his making application for the appointment of a person to be the guardian ad litem of the infant or person of unsound mind for the purpose of the proceedings; or

(b) his amending or making application for leave to amend the petition or answer by omitting the allegations in the petition or answer relating to the infant or person of unsound mind.

Where a person becomes the guardian ad litem of an infant or person of unsound mind who is the respondent, a co-respondent or a party cited in any proceedings, or desires to intervene in any proceedings, the guardian ad litem has the same time, after he becomes the guardian ad litem, for filing an answer or reply, as the case requires, for the purpose of the proceedings as the infant or person of unsound mind had after service on him of the petition or answer in the proceedings.

(b) a suit that includes proceedings instituted by application to the Court under Section 11(2) or (3), if a party has duly filed an affidavit in reply to the affidavit filed in support of that application;

“suit” means the proceedings instituted by a petition, and includes any proceedings–

(a) instituted by a supplementary petition filed in relation to the petition; or

(b) instituted by an answer or supplementary answer to the petition or to a supplementary petition filed in relation to the petition; or

(c) ordered by the Court under Section 169, or deemed by virtue of Section 192 or 213, to have been consolidated with any proceedings so instituted,

but does not include proceedings for an order pending the disposal of other proceedings;

Where a person of unsound mind is a party to proceedings, this Part applies as if references to the party were references to the guardian ad litem of the party.

(1) Subject to this section, in a defended suit the pleadings are complete for the purposes of this Part when the pleadings between the petitioner and respondent are complete.

(2) Where, in a defended suit, a person has been specified in a pleading as a person with or on whom the petitioner or the respondent is alleged to have committed adultery, rape or sodomy, the pleadings are not complete for the purposes of this Part unless the pleadings between the petitioner and respondent are complete and the pleadings between the petitioner or the respondent (as the case may be) and the persons so specified are complete.

(3) Where a petitioner in a defended suit has filed a supplementary petition, the pleadings are not complete for the purposes of this Part unless the pleadings in relation to the petition are complete and, in addition, the pleadings in relation to the supplementary petition are complete.

(4) For the purposes of this section, the pleadings between two parties to a suit are complete where–

(a) a pleading filed on behalf of one of those parties in reply to a pleading filed on behalf of the other party does not contain any allegations of fact; or

(b) the time limited for the filing, on behalf of one of those parties, of a pleading in reply to a pleading filed on behalf of the other party has expired and the pleading in reply has not been filed; or

(c) the Court has, under Section 94(2) of the Act, dispensed with service of a pleading, being the petition or answer in the proceedings, on one of those parties.

(5) For the purposes of Subsection (4), a person on whom a petitioner or respondent is alleged to have committed rape or sodomy but who has not intervened in the suit shall be deemed to be a party to the suit.

(1) A person on whom service of a pleading has been effected, being a person who is a party to the proceedings for the purpose of which the pleading was filed or who is entitled to intervene in the proceedings under Section 33(2) of the Act or under Section 109 or 110, may serve on the party on whose behalf the pleading was filed a request to give further particulars of an allegation in the pleading.

(2) A party on whom a request under Subsection (1) is served shall, within 10 days after service of the request, give to the person who served the request–

(a) the further particulars of the allegation requested, or the grounds on which he objects to giving, or is unable to give, the further particulars; or

(b) such further particulars of the allegation as he is willing and able to give, and the grounds on which he objects to giving, or is unable to give, any other particulars of the allegation.

(3) On application made by a person who has served, or is entitled to serve, a request under Subsection (1) for further particulars of an allegation in a pleading, the Court may order the party on whose behalf the pleading was filed to give further particulars of an allegation in the pleading within a time specified in the order, and may further order–

(a) that the party shall not continue the proceedings until the further particulars are given or the Court otherwise orders; or

(b) that, if further particulars of the allegation are not given within the time specified, the allegation be struck out of the pleading.

(4) Further particulars of an allegation in a pleading shall be given by a party, whether in accordance with a request or with an order, by filing an affidavit to which a document containing the further particulars is annexed, being an affidavit by which the party–

(a) verifies the facts contained in the further particulars of which he has personal knowledge; and

(b) deposes as to his belief in the truth of every other fact in the further particulars,

and by serving a copy of the affidavit on the person who requested the particulars or to whom the particulars were ordered to be given, as the case may be.

(5) Where further particulars are given in accordance with a request, a copy of the request shall be annexed to the affidavit filed under Subsection (4).

(6) Where the Court makes an order under Subsection (3), it shall not make an order with respect to the costs of the application in favour of the applicant unless it is satisfied–

(b) that the applicant had served on the party on whose behalf the pleading was filed a request under Subsection (1), and that party–

(ii) complied with that subsection by stating that he objected to giving, or was unable to give, some or all of the further particulars requested.

(1) After the pleadings in the proceedings have been completed and before the proceedings have been set down for trial, a party to any proceedings who has filed a pleading for the purpose of the proceedings may serve on another party to the proceedings a request to make discovery on oath of the documents that are or have been in his possession, custody or power relating to any matter in question in the proceedings.

(2) For the purposes of Subsection (1), a person who has intervened in proceedings under Part VI of the Act shall be deemed to be a party to the proceedings who has filed a pleading for the purpose of the proceedings.

(4) A party to any proceedings on whom a request under this section has been served shall make discovery of documents by filing an affidavit of discovery, and serving a copy of the affidavit on the party who made the request, within 10 days after service of the request on him.

(5) On application made to the Court by a party to any proceedings who has duly served, or is entitled to serve, a request under this section, the Court may make such order for the filing of an affidavit of discovery as it thinks necessary in order to dispose fairly of the matters in question or to save costs in the proceedings.

(6) Where the Court makes an order under Subsection (5), it shall not make an order with respect to the costs of the application in favour of the applicant unless it is satisfied–

(b) that the applicant had served on the party ordered to make discovery a request under this section and that party refused or failed to comply with Subsection (4).

(7) Where an order has been made requiring a person to file an affidavit of discovery, he shall file the affidavit, and serve a copy of the affidavit on the applicant for the order, within 10 days after the date of the order or within such other time as the Court orders.

(1) Subject to any order made under Section 136 in a particular case, a party’s affidavit of discovery shall–

(a) specify the documents relating to matters in question in the proceedings that are in the possession, custody or power of the party; and

(b) specify the documents relating to matters in question in the proceedings that are not but have been in the possession, custody or power of the party and state, to the best of the knowledge and belief of the party, whether they are still in existence and, if so, who has possession of them; and

(i) professional communications of a confidential character made to him by his lawyer, or made by him to his lawyer, for the purpose of giving him legal advice; or

(ii) cases for the opinion of counsel, instructions to counsel or opinions of counsel prepared and given in anticipation of or during the progress of the proceedings; or

(iii) letters or copies of letters from him to his lawyer, from his lawyer to him, or from his lawyer to another person in anticipation of or during the progress of the proceedings; or

(iv) drafts or memoranda made by his lawyer for the purpose of the proceedings; and

(d) specify the documents that he objects to produce on any other ground and the ground on which he objects; and

(e) state that he has not at the time of swearing the affidavit and has never had in his possession, custody or power, or in the possession, custody or power of a lawyer, agent or other person on his behalf–

(i) any deed, account, book of account, voucher, receipt, letter, memorandum, paper or writing that relates to matters in question in the proceedings, or in which an entry relating to such matter has been made; or

(ii) a copy of or extract from any such deed, account, book of account, voucher, receipt, letter, memorandum, paper or writing,

(2) In an affidavit of discovery it is not necessary to specify each letter from a person to another person, but it is sufficient to specify the number of letters from the person to the other person and the dates of the first letter and the last letter.

(3) Where the specifying, in an affidavit of discovery, of documents in respect of which privilege is claimed would derogate from the privilege attaching to documents, it is not necessary to specify each of the documents in the affidavit, but it is sufficient if–

(a) the documents are tied in a bundle that is marked as an exhibit to the affidavit and are referred to in the affidavit as the documents in that bundle; and

(c) the documents in the bundle are numbered consecutively and each of them is initialled by the person before whom the affidavit is sworn.

(1) On application made by a party to proceedings, the Court may order another party to make discovery, on oath, whether a document, or a document included in a class of documents, specified in the order is, or has been, in the possession, custody or power of the party and, if the document is not but has been in the possession, custody or power of the party, when the party parted with the document and to whom he gave the document.

(2) An order shall not be made under Subsection (1) unless the applicant for the order has, in an affidavit filed in support of the application deposed that be believes that the party has, or has had, the document, or a document included in the class of documents, in his possession, custody or power and that the document relates to a matter in question in the proceedings, and has set forth in the affidavit the grounds on which he so believes.

(3) An order may be made under Subsection (1) whether or not an affidavit of discovery has been filed by the party to whom the order is directed and whether or not that party has been requested or ordered under Section 136 to file such an affidavit.

(b) a document relating to matters in question in the proceedings at the time was, when the party swore the affidavit, in the possession, custody or power of the party or such a document was not at that time, but had been, in the possession, custody or power of the party; and

(c) the document was not specified or referred to in the affidavit of discovery or in another affidavit of discovery filed by the party in accordance with an order of the Court,

the party is not entitled, except by leave of the Court, to put the document or a copy of the document in evidence, or to furnish or cause to be furnished evidence of the document, at the trial of the proceedings.

(1) Subject to Subsection (2), a party to any proceedings may, by written notice to another party, request the other party to produce, for inspection by the party giving the notice, a document specified in the notice, being a document that is referred to in a pleading or affidavit filed on behalf of the other party or in further particulars given by that party in accordance with a request or order under Section 135.

(2) A document referred to in an affidavit of discovery filed on behalf of a party shall not be specified in a notice given to the party under Subsection (1) if, in the affidavit, the party–

(3) Within four days after receipt of the notice, a party to whom a notice under Subsection (1) has been given shall specify in writing to the party who gave the notice–

(a) the ground on which he objects to the production of a document specified in the notice; or

(4) A document produced for inspection in accordance with a notice under Subsection (1) may be inspected and copied by the party to whom it is produced or by his lawyer.

(5) Where a party to any proceedings to whom a notice to produce a document has been given under Subsection (1) fails to produce the document for inspection and copying, he is not entitled, except by leave of the Court, to put the document or a copy of the document in evidence, or to furnish or cause to be furnished evidence of the document, at the trial of the proceedings.

(1) On application made by a party to proceedings who has duly served, or is entitled to serve, a request under Section 140, the Court may order another party to proceedings to produce, at such time and place as the Court thinks proper and specifies in the order, a document that was specified or could be specified in such a request.

(2) Where the Court makes an order for the production of a document by a party under Subsection (1), it shall not make an order with respect to the costs of the application in favour of the applicant unless it is satisfied that–

(b) the applicant had requested the party to produce the document under Subsection (1) and the party–

(iii) specified a time for the production of the document that was more than 10 days after the making of the request; or

(A) that, in the case of a document, being a book in constant use for the purposes of trade or business, is the place at which the book is usually kept; or

(B) that, in the case of any other document, is the office of the lawyer (if any) representing the applicant, or is a place that is not more than 8km from the office of the Court; or

(1) Where the Court is satisfied that a document relevant to a matter in question in proceedings is in the possession, custody or power of a party to the proceedings and that the party is not excused by law from producing the document for inspection by another party, the Court may order the first-mentioned party to produce the document, at a time and place specified in the order for inspection by that other party.

(2) An order under Subsection (1) shall not be made in respect of a document that could be specified in a notice under Section 140.

(1) Instead of ordering a party to any proceedings to produce a book used for the purposes of trade or business, the Court may order the party to furnish a copy of an entry in the book verified as a true copy of the entry by the affidavit of a person who has compared the copy with the entry of which it purports to be a copy.

(2) Where an entry in a book contains an erasure, alteration or interlineation and a copy of the entry is furnished in accordance with an order under Subsection (1), the copy shall be deemed not to have been verified as a true copy of the entry unless particulars of the erasure, alteration or interlineation are clearly shown in the copy or set out in the affidavit of the person who compared the copy with the entry of which it purports to be a copy.

(3) An order for the production of a book may be made by the Court notwithstanding that a copy of an entry in the book has been furnished in accordance with an order of the Court.

(1) A party to any proceedings who is requested or ordered under these Rules to make discovery of documents, or to produce documents, is not excused from making discovery of, or producing, a particular document by reason only of the fact–

(a) that the document relates solely to, and does not tend to impeach, his case and does not relate to, or tend to support, the case of the party to whom the discovery of documents is to be made or documents are to be produced, as the case may be; or

(b) that there is in the document any statement or other matter that he has committed adultery, proof of which would be material to the decision in the suit; or

(c) that there is in the document any statement or other matter tending to show that he has committed adultery, proof of which would be material to the decision in the suit.

(2) Where, on application for an order for the production of documents, a respondent to the application claims that he is excused, by reason of privilege, from producing a particular document, the Court may require the respondent to produce the document to it, and may inspect the document for the purpose of determining whether the respondent is so excused.

Where a party to any proceedings fails to comply with an order to give particulars, to file an affidavit of discovery, to make discovery or to produce documents, the Court may order that–

(a) if the party is the petitioner–the proceedings instituted by the petition be stayed or dismissed for want of prosecution; or

(b) if the party is the respondent–any proceedings instituted by him by an answer to the petition, and any other proceedings instituted by him in relation to proceedings instituted by the petition, be stayed or dismissed for want of prosecution; or

An order shall not be made by the Court or Registrar authorizing the delivery of written interrogatories for the examination of a person.

(1) A party to any proceedings may file an admission of the truth of a fact alleged in the proceedings by another party.

(2) Where a party files an admission under Subsection (1), a copy of the admission shall be served on each other party to the proceedings who has filed a pleading for the purpose of the proceedings.

(1) A party to any proceedings may, at any time not later than 10 days before the trial of the proceedings, by notice in Form 27 served on another party to the proceedings, call on that other party to make the admissions with respect to a document that are indicated in that form, and the other party, by notice served on the first-mentioned party, may make such of those admissions as he is willing to make.

(2) If the other party desires to challenge the authenticity of the document, he shall, within seven days after service on him of the notice to admit, serve on the party giving the notice a notice that he does not admit the document and requires it to be proved at the trial.

(3) If the other party fails to serve notice under Subsection (2) within the time prescribed by that subsection and fails to serve, before the trial of the proceedings, a notice under Subsection (1), he shall be deemed to have made the admissions indicated in the notice served on him, unless the Court otherwise orders.

(4) Where a party to any proceedings does not admit a document after service on him of a notice under Subsection (1), the costs of proving the document are payable by him, unless the Court certifies that the refusal to admit was reasonable.

(5) Where a notice to admit a document has not been given by a party to any proceedings, he is not entitled to the costs of proving the document unless the taxing officer is of the opinion that the omission to give the notice saved expense.

(6) An admission made or deemed to have been made under this section with respect to a document does not prevent the party who made or is deemed to have made the admission from objecting to the admission of the document in evidence on a ground that is not inconsistent with his admission.

(1) Subject to Subsection (5), a party to any proceedings may, at any time not later than 10 days before the trial of the proceedings, by written notice served on another party to the proceedings, call on the other party to admit, for the purpose of the proceedings, any specific fact or facts in the notice, and the other party may, by written notice, admit the fact or any of the facts.

(2) If the party on whom a notice to admit has been served refuses or fails to admit in writing a fact specified in the notice within seven days after service of the notice on the party, or within such further time as the Court allows, the Court may order him to pay the costs of proving the fact.

(3) An admission made by a party to any proceedings in answer to a notice to admit served under Subsection (1) shall be deemed to be made only for the purpose of the proceedings, and shall not be used–

(4) The Court may, at any time, allow the party to amend or withdraw an admission made under this section on such terms as it thinks proper.

(5) This section does not authorize a party to any proceedings to call on another party to admit a fact which the other party has denied in a pleading filed for the purpose of the proceedings.

(6) A notice referred to in Subsection (1) shall be in Form 28, and an admission of a fact in answer to such a notice shall be in Form 29.

(7) An admission under this section with respect to a fact does not prevent the party who made the admission from objecting to the admission in evidence of the fact on a ground that is not inconsistent with his admission.

An affidavit by the lawyer representing a party, or by a clerk of the lawyer, of the due signature of admissions made by the party in answer to a notice to admit documents or facts is sufficient evidence of those admissions.

A party to any proceedings may, by notice in Form 30, served on another party to the proceedings, require the other party to produce, at the trial of the proceedings, a document specified in the notice, being a document that is in the possession, custody or power of that other party.

(1) This section applies to proceedings for a decree of nullity of marriage on the ground that a party to the marriage is incapable of consummating the marriage.

(2) In proceedings to which this section applies, the petitioner or respondent may make application to the Registrar for an order under Subsection (4).

(a) if the petitioner in the proceedings is seeking the decree of nullity of marriage, until–

(ii) the expiration of the time limited for the filing of an answer by the respondent,

(ii) the expiration of the time limited for the filing of a reply by the petitioner,

(4) Where, in any proceedings to which this section applies, application is made to the Registrar for an order under this section the Registrar may by order–

(a) appoint a medical inspector or two medical inspectors to examine the petitioner and respondent; or

(b) appoint a medical inspector or two medical inspectors to examine the petitioner, and another medical inspector or two other medical inspectors to examine the respondent; or

(c) appoint a medical inspector or two medical inspectors to examine the petitioner or the respondent and dispense with the examination of the other of those parties; or

(d) dispense with the examination of the petitioner and respondent by a medical inspector appointed by the Registrar.

Notwithstanding that the Registrar has dispensed with the examination of the petitioner or respondent by a medical inspector appointed under Section 152, where the Court, on the trial of proceedings to which that section applies, thinks it desirable that the petitioner or respondent in the proceedings be examined or re-examined by a medical inspector or two medical inspectors appointed by the Court, the Court may appoint a medical inspector or two medical inspectors to examine or re-examine him.

In proceedings for a decree of dissolution of marriage on the ground that a party to the marriage has wilfully and persistently refused to consummate the marriage, the Registrar may, on application made by either party to the marriage–

(a) appoint a medical inspector or two medical inspectors to examine the parties or a party; or

(b) appoint a medical inspector or two medical inspectors to examine one of those parties and another medical inspector or two medical inspectors to examine the other party.

(a) on application by the petitioner in any proceedings, for the appointment of a medical inspector to examine the respondent in the proceedings–the petitioner shall cause a copy of the order to be served on the respondent; or

(b) on application by the respondent in any proceedings, for the appointment of a medical inspector to examine the petitioner in the proceedings–the respondent shall cause a copy of the order to be served on the petitioner.

(2) Where, on the trial of any proceedings, the Court has of its own motion made an order under Section 153 for the appointment of a medical inspector to examine a party, being the petitioner or the respondent, and the party was not before the Court at the time when the order was made, another party, being the respondent or petitioner, to the proceedings who was before the Court in person or by his lawyer at that time shall cause a copy of the order to be served on the first-mentioned party.

(3) Service of a copy of an order referred to in Subsection (1) or (2) shall be deemed not to have been duly effected on a party on whom it is required to be served, unless–

(a) a notice specifying the time, day and place appointed by the medical inspector for the examination of the party is served on the party at the same time as the copy of the order is served; and

(b) there are at least seven clear days between service of the notice and the day specified in the notice for the examination of the party.

(4) Unless the Court or Registrar, as the case may be, otherwise orders, service of a copy of an order referred to in Subsection (1) or (2) and of a notice under Subsection (3) shall not be effected otherwise than in a manner specified in Section 57(a), (b) or (c).

(1) A medical inspector appointed under this Division to examine a person shall not carry out the examination unless he has made and subscribed, before the Registrar or before a person authorized by the Registrar for the purpose, an oath in a form approved by the Registrar that he will well and truly examine the person, or each person who submits himself for examination in accordance with an order made under this Division, and will make to the Court a correct report of the examination or of each such examination.

(2) Before a person is examined by a medical inspector appointed under this Division–

(a) the person shall satisfy the medical inspector as to his identity by being identified by his lawyer or, if he is not represented by a lawyer by some other credible person; and

(b) the person and the lawyer or person by whom he is identified shall each write his address and sign his name on a paper in the presence of the medical inspector, who shall also sign his name on the paper and annex it to the report of the result of the examination.

(1) When a medical inspector appointed under this Division to examine a person has examined the person, he shall report the result of the examination to the Court.

(2) Where a party to any proceedings has failed to submit to examination by the medical inspector appointed under this Division to examine him or has failed to comply with Section 156, the medical inspector shall report to the Court accordingly.

(3) A report under Subsection (1) or (2) shall be forwarded by the medical inspector to the Registrar.

(a) if the order appointing the medical inspector was made on the application of a party to proceedings–by that party; or

(b) if the order appointing the medical inspector was made by the Court of its own motion–by the petitioner in the proceedings or, if the petitioner was not before the Court in person or by his lawyer when the order was made, by the respondent in the proceedings.

(5) Each party to the proceedings is entitled, on request to the Registrar, to be furnished with a copy of the report.

(1) Proceedings to which Section 152 applies shall not be set down for trial unless–

(b) except in a case where the examination of the petitioner and respondent by a medical practitioner appointed under that section has been dispensed with–Sections 155 and 157 have been complied with.

(2) Where in any proceedings to which Section 154 applies the Court has appointed under that section a medical inspector or two medical inspectors to examine the parties or a party, the proceedings shall not be set down for trial unless Sections 155 and 157 have been complied with.

(3) Where in any proceedings referred to in Subsection (1) or (2) a copy of an order appointing a medical inspector to examine a party to the proceedings is required, under Section 155, to be served on the party, the proceedings shall not be set down for trial unless–

(a) a report of the result of the medical examination of the party has been filed; or

(b) proof, by affidavit, of the due service of a copy of the order on the party has been filed.

(a) who is seeking a decree of dissolution of marriage on a ground specified in Section 17(a) to (m) of the Act or a decree of judicial separation on a ground specified in Section 17(a) to (l), of the Act; and

(a) if the adultery was committed before the filing of the petition or answer, as the case may be, by which the proceedings for the decree are instituted–at the time when the petition or answer is filed; or

(b) if the adultery was committed after the filing of the petition or answer but before the trial of the proceedings–as soon as practicable after committing the adultery.

(a) particulars of the acts of adultery committed by the petitioner or respondent, as the case may be, since the marriage (other than the acts stated in any other discretion statement filed by him for the purposes of the proceedings); and

(b) the circumstances giving rise to the commission of the acts of adultery; and

(c) the grounds on which the Court will be asked to make a decree of dissolution of marriage or judicial separation notwithstanding the adultery.

(2) Where a petitioner or respondent alleges that an act of adultery set out in his discretion statement has been condoned, he shall state in the discretion statement particulars of the facts that are alleged to constitute condonation of the adultery.

(3) Where, in a discretion statement filed by a petitioner or respondent, the petitioner or respondent states that he has committed adultery and that he and the person with whom he has committed adultery are living together as if they were husband and wife, it is not necessary for a further discretion statement to be filed setting out particulars of any further acts of adultery committed by him with that person.

(4) A discretion statement of a party to any proceedings shall not be filed unless–

(b) the matters set out in it have been verified by the affidavit of the party written on it; and

(c) it is enclosed in a sealed envelope having written on it the words “Discretion Statement”, the number of the proceedings and a certificate–

certifying that the statement is duly signed and verified, and that it bears the date on which it was signed.

(1) Where a discretion statement of a party to any proceedings contains an allegation that the party’s spouse has committed a matrimonial offence, not being an offence particulars of which have been included in a pleading filed on behalf of the party for the purposes of the proceedings, the party shall cause service of notice of the allegation to be effected on his spouse before the proceedings are set down for trial.

(2) On the hearing of any proceedings, the Court may excuse a party who has failed to serve notice of an allegation on his spouse under Subsection (1) if it is satisfied that the failure has not prejudiced the spouse in connection with the proceedings.

(1) Where a petitioner whose petition does not contain the statement referred to in Section 37 files a discretion statement after the filing of his petition–

(a) service of notice of his intention to ask the Court to make the decree notwithstanding the facts and circumstances set out in the discretion statement shall be effected–

(i) if the respondent has an address for service for the purpose of the proceedings, or if the petitioner is claiming custody of a child of the marriage–on the respondent; and

(ii) if a party to the proceedings, other than the petitioner or respondent, has an address for service for the purposes of the proceedings–on that party; and

(b) the lawyer for the petitioner or, if the petitioner is not represented by a lawyer, the petitioner shall write on the petition, in red ink, immediately after the signature to the petition, a notation in the following form and sign his name immediately under the notation:–“Discretion Statement filed . . . 20...”.

(2) Where a petitioner is claiming custody of a child of the marriage and the respondent does not have an address for service, Subsection (1) does not require the service of the notice on a respondent–

(b) if service of the petition was effected on the respondent by advertising notice of the petition, but in no other manner,

(3) Where service of a notice referred to in Subsection (1) is required to be effected on a respondent who does not have an address for service and the petition was served on the respondent under an order under Section 62, service of the notice may be effected in the same manner as that in which service of the petition was effected, and service in that manner shall be deemed to be due service of the notice on the respondent.

(a) service of a notice referred to in Subsection (1) would be required to be effected on a respondent but for the fact that the Court dispensed with service of the petition on the respondent; and

(b) the Court, as a condition of dispensing with service of the petition on the respondent, required a copy of the petition to be sent to or served on some other person,

(5) Subsection (1) applies to and in relation to a respondent who files a discretion statement after the filing of his answer as if–

(1) Where the Court thinks it proper in the circumstances of the particular case, it may require a discretion statement filed by a party to a suit to be tendered in evidence, read out in open court or produced for inspection by another party to the suit–

(b) at any stage of the hearing of proceedings with respect to the custody of a child of the marriage to which the suit relates.

(2) Except as provided in Subsection (1), a discretion statement is not open to inspection, without the leave of the Court, by a person other than the Attorney-General or a person authorized in writing by the Attorney-General to inspect the discretion statement.

(3) An authorization by the Attorney-General under Subsection (2) may be either general or in relation to a particular suit or class of suits.

(4) In Subsections (2) and (3), references to the Attorney-General shall be read as including references to a person to whom the Attorney-General, by a delegation that is in force, has delegated all or any of his powers and functions under Part VI of the Act.

(iii) the custody or guardianship of an infant child of the marriage to which the proceedings relate; or

(iv) the maintenance, welfare, advancement or education of a child of that marriage,

and the petitioner and respondent are not in agreement as to the order that should be made by the Court on the trial of the proceedings in the event that the Court does not make an order dismissing them; or

(b) a defended suit includes proceedings for a decree of dissolution of marriage or of nullity of a voidable marriage in a case where there are children of the marriage–

(i) who are not likely to have attained the age of 16 years before the decree is made; or

(ii) in relation to whom the petitioner or respondent has obtained or is seeking an order under Section 59(3) of the Act,

and the petitioner and respondent are not in agreement concerning the arrangements that, in the event of a decree of dissolution or of nullity of marriage being made, should be made for the welfare, advancement and education of those children, this Division applies to the suit.

(1) Subject to Subsection (2), except by leave of the Court a suit to which this Division applies shall not be set down for trial on application made by a party to the suit, being the petitioner or respondent, unless either a conference for the purpose of this Division has been held, or–

(a) that party attended such a conference on the day and at the time and place fixed under this Division for the holding of the conference, for the purpose of discussing, and making a bona fide endeavour to reach agreement on, any matters referred to in Section 166(1); and

(b) the petitioner or respondent, as the case may be, failed to attend or to take part in the conference.

(ii) the respective places of business of the lawyer for the petitioner and the lawyer for the respondent,

it would be unreasonable in the circumstances of the particular case to require a conference for the purpose of this Division to be held before the suit is set down for trial; or

(b) the holding of such a conference before the suit is set down for trial would involve the petitioner or respondent in undue expense; or

the Registrar may set the suit down for trial notwithstanding that Subsection (1) has not been complied with.

(3) Where the Registrar sets a suit to which this Division applies down for trial in accordance with Subsection (2), unless the Court otherwise orders a conference for the purpose of this Division shall be held before the commencement of the trial of the suit.

(1) A conference for the purpose of this Division is a conference at which the petitioner and respondent discuss, and make a bona fide endeavour to reach agreement on, any matters in question–

(a) in proceedings pending between them with respect to a matter referred to in Section 164(a)(i) to (iv); or

(b) concerning arrangements of a kind referred to in Section 59(2)(a) of the Act.

(2) A petitioner or respondent may attend a conference for the purpose of this Division in person, with or without a lawyer, or may be represented by a lawyer.

(3) A conference for the purpose of this Division may be adjourned from time to time and from place to place.

(4) Subject to Subsection (5), evidence of anything said, or of any admission made, in the course of a conference for the purpose of this Division is not admissible in any court or in proceedings before any person authorized by law, or by consent of the parties, to hear, receive and examine evidence.

(5) Subsection (4) does not prevent evidence of anything said, or of any admission made, in the course of such a conference being admitted in evidence in a court on the trial of a person for an offence committed at the conference.

(1) Where the petitioner and respondent in a suit to which this Division applies are each represented by a lawyer, this section applies to the suit.

(2) Where in a suit to which this section applies the pleadings are complete, the lawyer for the petitioner may give to the lawyer for the respondent a written notice specifying a day, time and place for holding a conference for the purpose of this Division.

(3) Where the lawyer for the petitioner has not given a notice under Subsection (2) and a period of not less than 14 days has elapsed since the pleadings were completed, the lawyer for the respondent may give to the lawyer for the petitioner a written notice specifying a day, time and place for holding a conference for the purpose of this Division.

(4) Where the lawyer for a respondent has duly given a notice under Subsection (3), the lawyer for the petitioner ceases to be entitled to give a notice under Subsection (2).

(5) Unless the lawyer for the petitioner and the lawyer for the respondent otherwise agree–

(a) the day specified in a notice under Subsection (2) or (3) shall be a day that is not less than seven clear days, and not more than 21 clear days, after the day on which the notice is given; and

(i) a place within 8km from the office of the Court in which documents may be filed for the purpose of the suit; or

(ii) a place in a town (not being the town in which that office is situated) in which the lawyer for the petitioner and the lawyer for the respondent each has a place of business.

(1) Where the petitioner or respondent in a suit to which this Division applies is not represented by a lawyer, this section applies to the suit.

(2) Where in a suit to which this section applies the pleadings are complete, the petitioner and respondent may agree as to the day, time and place for the holding of a conference for the purpose of this Division.

(3) Subject to Subsection (4), where the petitioner and respondent fail to agree within 14 days after either has approached the other for that purpose, the Registrar shall, at the request of either party, fix a reasonable day, time and place for holding the conference.

(4) The Registrar may refuse to comply with a request under Subsection (3) if he is satisfied that, under Section 165(2), he would be entitled to set the suit down for trial notwithstanding that the requirements of Section 165(1) have not been complied with.

(5) On the day on which the Registrar fixes a day, time and place for the holding of a conference for the purpose of this Division, or on the next following day, the party at whose request the day, time and place were fixed shall serve on the petitioner or respondent, as the case may be, notice of the day, time and place fixed.

(6) The petitioner and respondent may agree to appoint a particular person, being a person willing to act, to act as chairman at the conference held for the purpose of this Division.

(7) Where the petitioner or respondent is represented by a lawyer, references in this section to the petitioner or respondent, as the case may be, shall be read as references to his lawyer.

(1) On application made by the petitioner or respondent in proceedings, the Court or the Registrar may order that the proceedings be consolidated with other proceedings that are pending in the Court and to which the petitioner and respondent are parties, and that both proceedings be tried together.

(2) An order may be made under Subsection (1) notwithstanding that a party to one of the proceedings is not a party to the other proceeding.

(3) The Court or Registrar shall specify in an order made under Subsection (1) the party who shall be deemed to be the party having the carriage of the consolidated proceedings.

(1) Subject to Sections 106 and 158, and to this section, the Registrar may, on the petitioner filing a request and a certificate that the suit is ready for trial, set the suit down for trial.

(2) A request and certificate under Subsection (1) shall be in Form 32, shall state the court town at which the petitioner desires the suit to be tried and shall be signed by the lawyer for the petitioner or, if the petitioner is not represented by a lawyer, by the petitioner.

(3) Subject to Section 174, the Registrar shall not set an undefended suit down for trial unless–

(a) proof, by affidavit, or by a certificate filed in accordance with Rule 64(8) of the Matrimonial Causes Rules of Australia, of the due service of the petition on the respondent, and on each named person (if any) with or on whom the respondent is alleged to have committed adultery, rape or sodomy, has been filed; and

(b) the time limited for the filing of an answer by each person on whom service of the petition has been effected has expired and no answer has been filed by such a person; and

(c) in the opinion of the Registrar, the particulars of the marriage stated in the petition are consistent with the particulars shown in the marriage certificate (if any) filed under Section 51; and

(d) the facts alleged in the petition would, if true, establish, in the opinion of the Registrar, the domicile or residence, as the case may be, within the meaning of the Act, in Papua New Guinea of the petitioner at the time of the institution of the suit; and

(e) in a case where the petitioner is seeking an order with respect to the maintenance of himself or of a child of the marriage (not being an order for maintenance pending the disposal of the suit) or an order relating to the settlement of property–

(i) the Registrar is satisfied that it would not be unreasonable for the petitioner to proceed to the trial of the suit without obtaining a certificate of means; or

(ii) the petitioner has, in pursuance of a direction of the Registrar, made application for, and been granted, a certificate of means.

(4) Subsection (3)(a) does not require the Registrar to be satisfied as to the due service of a petition–

(a) on a respondent, if service of the petition on him has been dispensed with under Section 94(2) of the Act or he has an address for service for the purpose of the proceedings; or

(ii) service of the petition on him has been dispensed with under Section 94(2) of the Act; or

(5) Subject to Section 174, where service of a petition on a person, whether or not he is the respondent, has been dispensed with subject to compliance with a condition, the Registrar shall not set the suit down for trial unless proof, by affidavit, of the due compliance with the condition has been filed.

(a) any request for discovery or inspection of documents that the petitioner desires to make for the purpose of preparing for the trial has been made; and

(b) any interlocutory application that the petitioner desires to make for the purpose of preparing for the trial has been made, heard and determined; and

(c) as far as practicable, a proof of the evidence of each person to be called by the petitioner as a witness on the trial of the proceedings has been obtained.

(7) Where an undefended suit includes proceedings in which there is a claim with respect to–

(a) the maintenance of the petitioner or of a child of the marriage (not being a claim for maintenance pending the disposal of proceedings); or

the Registrar shall consider the facts alleged in the petition with respect to the claim and any reasons for obtaining a certificate of means stated in the request and, if he is satisfied that it would be unreasonable for the petitioner to proceed to the trial of the suit without obtaining a certificate of means, shall direct the petitioner, in writing, to make application for a certificate of means.

(8) This section applies to an undefended suit that consists only of proceedings instituted by the respondent to a petition as if–

(b) references to the petition were read as references to the respondent’s answer to the petition; and

(e) references in Subsection (3)(c) or (d) to the petition were read as references to the petition and the answer.

(a) in the case of a defended suit to which Division 6 applies, being a suit in relation to which–

a period of less than 14 days has elapsed since the date on which the conference was concluded or the date that was fixed for the holding of the conference, as the case may be; or

(b) in the case of any other defended suit to which that Division applies–a period of less than 28 days has elapsed since the pleadings were completed; or

(c) in the case of a defended suit to which that Division does not apply–a period of less than 14 days has elapsed since the pleadings were completed,

a request to set the suit down for trial shall not be made by a party other than the petitioner.

(a) in the case of a defended suit to which Division 6 applies–a period of less than 56 days; or

has elapsed since the pleadings were completed, a request to set the suit down for trial shall not be made by a party other than the petitioner or the respondent.

(3) Where a request to set a defended suit down for trial has been duly made by a party, another party shall not make a request to set the suit down for trial unless the first-mentioned request has been withdrawn by the party by whom it was made or has been refused.

(1) Subject to Sections 106, 158 and 165, and to this section, on the filing, by a party who has filed a pleading of–

(b) shall state the court town at which the party desires the suit to be tried; and

(d) shall be signed by the lawyer for the party or, if the party is not represented by a lawyer, by the party.

(3) The Registrar shall not set a defended suit down for trial on the request of a party unless–

(b) in the opinion of the Registrar, the allegations in the petition relating to the marriage are consistent with the particulars shown in the marriage certificate (if any) filed under Section 51; and

(c) the facts alleged in the petition would, if true, establish, in the opinion of the Registrar, the domicile or residence, as the case may be, within the meaning of the Act, in Papua New Guinea of the petitioner at the time of the institution of the suit; and

(d) in a case where the respondent has, in an answer, sought a decree of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act–the facts alleged in the petition and answer would, if true, establish, in the opinion of the Registrar, the domicile or residence, as the case may be, within the meaning of the Act, in Papua New Guinea of the respondent at the time of the institution of the proceedings for that decree.

(a) any request or order for the furnishing of particulars by or to the party or for the inspection of documents has been complied with; and

(b) the party has instituted all such interlocutory applications, and made all such requests for particulars, discovery or inspection of documents, as the party desires to make for the purpose of preparing for the trial of the suit; and

(c) as far as practicable, a proof of the evidence of each person to be called by the party as a witness on the trial of the suit has been obtained; and

(d) if, on the trial of the suit, the party proposes to call an expert witness to give evidence in relation to any proceedings included in the suit–the party has furnished a copy of a proof of the evidence of the witness to each other party to the proceedings who has filed a pleading.

(5) For the purpose of Subsection (4)(a), a party shall be deemed to have complied with a request or order referred to in that paragraph if the party who made the request or was the applicant for the order, as the case may be, has waived compliance with the request or order.

(6) A suit that includes defended proceedings in which there is a claim with respect to the maintenance of a party to the suit or of a child of the marriage (not being a claim for maintenance pending the disposal of the suit) or the settlement of property shall not be set down for trial on a request made by a party to the suit, being the petitioner or the respondent, unless–

(b) the request to set the suit down for trial states that the parties to the marriage have agreed, whether or not subject to conditions–

(i) with respect to the payment of maintenance, the payment of an amount in place of maintenance or the settlement of property; or

and the terms of the agreement are set out in the request or in another document specified in the request and filed in the proceedings; or

(c) the Registrar is satisfied, for a reason stated in the request (not being the reason that the parties have so agreed) that it is unnecessary for a certificate of means to be obtained.

(7) Where the parties to a marriage have agreed to the payment of maintenance in accordance with terms and conditions set out in an order of a court or in a written agreement entered into between the parties, it is a sufficient compliance with Subsection (6)(b) if the request states that the parties have so agreed and refers to the order or agreement, as the case may be.

(8) Where the petitioner or respondent makes application to set down for trial a defended suit in relation to which Division 6 applies, the request and certificate filed under Subsection (1)–

(a) shall state the facts by virtue of which the party is entitled, having regard to Section 165(1), to make the application; or

(b) shall request the Registrar to set the suit down for trial notwithstanding that the requirements of Section 165(1) have not been complied with, and state the facts relied on in support of the request.

(9) Where the request and certificate states that a conference for the purpose of Division 6 has been held, the request and certificate shall also state whether any agreement was reached at the conference, and if agreement was reached brief particulars of the agreement.

A party who makes a request to set a defended suit down for trial shall, on the day on which the request is filed or on the next following day, cause a copy of the request to be served on each other party who has an address for service.

(1) Where a request to set a suit down for trial has been made to the Registrar but the Registrar is not satisfied that the suit is in order for trial, the Registrar shall inform the party who made the request of the matters that, in his opinion, are not in order and, if such a matter relates to a pleading filed, or an application made or required to be made, by a party other than the first-mentioned party, shall also inform that party of the matter.

(2) Where, under Subsection (1), the Registrar has informed the party who made the request that he is not satisfied that the suit is in order for setting down for trial, that party may request the Registrar, in writing, to set the suit down for trial notwithstanding, and the Registrar, on receipt of the request, shall set the suit down for trial.

(3) Where a period of not less than 28 days has elapsed after the Registrar informed the party who made the request that he is not satisfied that a suit is in order for setting down for trial and the suit has not been set down for trial, any other party entitled to make a request to set the suit down for trial may request the Registrar, in writing, to set the suit down for trial, and the Registrar shall, on receipt of the request, set the suit down for trial.

(4) Where the Registrar sets a suit down for trial in accordance with a request under Subsection (2) or (3), he shall state on the certificate filed under Section 177 the matters that in his opinion are not in order.

(1) An undefended suit shall be set down for trial at the court town specified in the request to set the suit down for trial.

(2) Except where an order under Section 178 has been made before the suit is set down for trial, a defended suit shall be set down for trial at the court town specified in the request to set the suit down for trial.

(1) Where the Registrar sets a suit down for trial at a court town, he shall, if it is in accordance with the practice of the Court, set the suit down for trial on a particular date or at a sittings of the Court at the court town commencing on or about a particular date.

(2) Unless the Court or Registrar otherwise orders under Section 179, a defended suit shall not be–

(b) set down for trial at a sittings of the Court commencing on or about a date; or

that is less than 14 clear days after the date on which the suit is set down for trial by the Registrar.

(1) Subject to Subsection (2), a party who requests the Registrar to set a suit down for trial shall deposit with the Registrar a form of notice, in Form 34, for signature by the Registrar, and a copy of the form for each party to the suit.

(2) Subsection (1) does not require the deposit of a copy of a form of notice for a party–

(a) if the Court dispensed with service of the petition or answer on the party; or

(b) if service of the petition or answer was effected on the party by advertising notice of the petition or answer, but in no other manner,

(d) the party making the request is aware of an address of the first-mentioned party; or

(e) the Court, as a condition of dispensing with the service, required a copy of the petition or answer to be sent to or served on some other person.

(a) shall be capable of being folded, and of being sealed with adhesive material provided on the form, for transmission through the post as a letter; and

(b) shall have the name and address of the party endorsed on it so that when the form is folded and sealed the form can, without being enclosed in an envelope and without any further addition to it, be posted as a letter to the party at that address; and

(c) shall have a notation, in the form set out in Subsection (7), endorsed on it so that when it is folded and sealed the notation remains legible.

(4) For the purpose of Subsection (3), the address of a party that is to be written on a copy of a form of notice is–

(ii) if the person on whose behalf the copy is deposited with the Registrar does not know where the party is residing or working–

(B) the address of the place at which service of the petition or answer, as the case may be, was effected on the party; or

(C) the address of the person to or on whom a copy of the petition or answer was sent or served as a condition of dispensing with service on the party.

(a) insert in each copy of the form of notice deposited under Subsection (1) the name of the court town at which the suit has been set down for trial, and if he has, in accordance with the practice of the Court, set the proceedings down for trial on a particular day or for a sittings of the Court commencing on or about a particular day, also insert particulars of that day or sittings; and

(b) post each copy of the notice to the party whose address appears on it at that address (postage being prepaid); and

(i) the suit is ready for trial or has been set down for trial in accordance with a request under Section 174(2) of (3), as the case may be; and

(6) In any proceedings in the Court, a certificate under Subsection (5)(c), relating to a suit and under the hand of the Registrar, is evidence that the provisions of Subsection (5)(a) and (b) have been duly complied with in relation to the suit.

(7) The form of the notation required by Subsection (3)(c) to be endorsed on a form of notice deposited by a party is as follows:–

“If not delivered within seven days, return to (name of the lawyer for the party or name of the party, as the case may be, and address for service of the party).”

(1) At any time after a request has been made to the Registrar to set a suit down for trial at a court town, a party who has filed a pleading may, whether or not the suit has been set down for trial, make application to the Court or to the Registrar for an order that the trial of the suit take place at another court town specified in the application.

(2) Where on the hearing of an application under Subsection (1), the Court or the Registrar is satisfied that it is proper, the Court or Registrar shall order that the trial of the suit take place at a court town specified in the order.

(3) Where an order has been made by the Court or by the Registrar under Subsection (2), the Registrar shall set the suit down for trial at the court town specified in the order.

(1) Where the Court or the Registrar is satisfied that, by reason of special circumstances, it is proper to do so, the Court or Registrar may, by order–

(a) set a suit down for hearing on, or for hearing at a sitting of the Court commencing on, a date that is less than 14 days after the day on which the suit was set down for trial; or

(b) fix a specified day (which may be more or less than 14 days after the day on which the suit was set down for trial) as the day on which the trial of the suit shall take place.

(2) An application for an order under Subsection (1) may be made by any party who has filed a pleading.

Subject to any order made by the Court or Registrar under Section 179, a suit shall be listed for trial at a court town in the order in which the suit is set down for trial at it.

(2) A decree of nullity of marriage shall be in Form 37 or Form 38, as the case requires.

Where on the trial of proceedings for a decree of dissolution of marriage or of judicial separation the Court is satisfied of the existence of–

(a) a ground (not being the ground specified in Section 17(n) of the Act) in respect of which the decree may be granted; and

(b) a ground on which the Court may, under Section 25(6) or 29 of the Act, refuse to make the decree,

the Court shall state accordingly in its decree, and shall also state that a decree of dissolution of marriage or of judicial separation–

(c) was refused by the Court in the exercise of its discretion under Section 25(6) or 29 of the Act, as the case may be; or

(d) was granted by the Court notwithstanding the matter referred to in Paragraph (b),

(1) Where, after a decree of dissolution of marriage or a decree of nullity of a voidable marriage has been made but before the decree becomes absolute it comes to the notice of–

(a) a party to the proceedings who has an address for service that a party to the marriage died before, or has died after, the making of the decree; or

(b) the lawyer representing a party to the marriage that the party died before, or has died after, the making of the decree,

the party or the lawyer, as the case may be, shall make and file an affidavit stating such particulars of the date and place of the death as are known to him.

(2) If the Registrar is satisfied that the party is dead, he shall file a memorandum to that effect.

“I certify that the decree nisi of which this decree is a copy became absolute on . . . 20...

(1) An application under Section 62 of the Act by a party to a marriage to rescind a decree nisi on the ground that the parties to the marriage have become reconciled may be made ex parte if the parties to the marriage have, by a joint affidavit or by their respective affidavits filed in support of the application, verified the grounds of the application.

(2) Subject to Subsection (1), service of an application referred to in that subsection shall be effected on the other party to the marriage in a manner referred to in Section 57(a) or (b).

(1) A party to proceedings who makes application for the rescission, under Section 63 of the Act, of a decree nisi shall cause service of the application to be effected on each other party to the proceedings, other than a party on whom service of the application is dispensed with under Section 94(2) of the Act.

(2) Service of an application referred to in Subsection (1) shall be effected in a manner referred to in Section 57(a) or (b).

(1) Where the Attorney-General is entitled to intervene in any proceedings under Section 65 or 66 of the Act, he may do so by causing a notice of intervention in Form 43 to be filed stating whether he is intervening under Section 65 or Section 66 of the Act.

(2) Where the Attorney-General intervenes in proceedings under Section 66 of the Act, he shall, at the time of intervening or as soon after that time as practicable, file a statement containing particulars of the matters relevant to the proceedings that he has reason to believe have not been, or may not be, but ought to be, made known to the Court.

(3) A copy of a notice of intervention, and a copy of a statement filed under Subsection (2), shall be served, as soon as possible after it has been filed, on each other party to the proceedings who has an address for service.

(4) In this section, a reference to the Attorney-General shall be read as including a reference to a person to whom, by a delegation under Section 67 of the Act that is in force, he has delegated a power or function under Part VI. of the Act.

(1) Where the Attorney-General intervenes in any proceedings after a decree nisi has been made–

(a) he shall, as soon as practicable after intervening, make application to the Court for directions with respect to matters arising out of the intervention; and

(b) a party to the proceedings may, in an affidavit filed for the purpose of the proceedings, deny an allegation in the statement filed under Section 187(2) or state a fact that has become relevant to the proceedings by reason of some matter alleged in that statement.

(2) In this section, a reference to the Attorney-General shall be read as including a reference to a person to whom, by a delegation under Section 67 of the Act that is in force, he has delegated a power or function under Part VI. of the Act.

(1) Service of an application under Section 68 of the Act for leave to intervene in proceedings shall be effected, on the day on which the application is filed or on the next following day, on each party to the proceedings who has an address for service.

(2) Where the Court makes an order under Section 68 of the Act entitling a person to intervene in proceedings–

(a) it shall give such directions as it thinks proper with respect to service of copies of the order, the filing of affidavits and the hearing or the further hearing of the proceedings as it thinks necessary for the proper determination or review of the proceedings; and

(b) on the day on which the order is made or on the next following day, the person shall intervene in the proceedings by filing a notice of intervention in Form 44.

“application for ancillary relief”, in relation to any proceedings for ancillary relief, means–

(a) if the proceedings for ancillary relief are instituted by petition–the petition; or

(b) if the proceedings for ancillary relief are instituted by an answer to a petition–the answer; or

(c) if the proceedings for ancillary relief are instituted by application to the Court–the affidavit in support of the application;

“claimant” means a person who institutes or has instituted proceedings for ancillary relief;

“defence to the proceedings”, in relation to any proceedings for ancillary relief, means–

(a) if the proceedings for ancillary relief were instituted by petition–the respondent’s answer to the petition; or

(b) if the proceedings for ancillary relief were instituted by an answer to a petition–the petitioner’s reply to the answer; or

(c) if the proceedings for ancillary relief were instituted by application to the Court–an affidavit filed in reply to the affidavit in support of the application;

“proceedings for ancillary relief” means proceedings of a kind referred to in Paragraph (c) of the definition “matrimonial cause” in Section 1(1) of the Act that are in relation to proceedings for principal relief;

“proceedings for principal relief” means proceedings of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act.

(1) Where proceedings for principal relief have been instituted by petition, the respondent may, by filing an answer to the petition, institute proceedings for ancillary relief that are in relation to the proceedings for principal relief, without the leave of the Court.

(2) Proceedings for ancillary relief may be instituted by application and without the leave of the Court if the proceedings relate to–

(a) proceedings of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act that were pending at, or were completed before, the commencement date; or

(b) an order made by the Court, whenever made, in proceedings of a kind referred to in Paragraph (c) of that definition.

(1) Where a party to any proceedings for principal relief makes application to a court for leave, under Section 56 of the Act, to institute proceedings for ancillary relief, service of the application shall, unless the Court dispenses with the service, be effected on the spouse of the party in a manner referred to in Section 57(a), (b) or (c).

(2) A party to any proceedings for principal relief who makes application for leave to institute proceedings for ancillary relief shall state in the affidavit in support of the application his reasons for not instituting the proceedings for ancillary relief by his petition or answer.

(3) Where, before the making of the decree in any proceedings for principal relief, proceedings for ancillary relief are instituted by leave of the Court or under Section 191(2), the proceedings for ancillary relief shall be deemed to have been consolidated with the proceedings for principal relief to which they are related and shall, as far as practicable, be heard and determined by the Court at the same time as the proceedings for principal relief.

(4) Where proceedings for ancillary relief are instituted by leave of the Court, the Court shall not make an order with respect to the costs of the proceedings in favour of the claimant unless the Court is satisfied that there were good reasons for not instituting the proceedings by the petition by which the proceedings for principal relief were instituted or by an answer to the petition, as the case required.

(2) In any proceedings for ancillary relief, being proceedings with respect to the maintenance of a party to the proceedings or of a child of the marriage, the claimant shall state in his application for ancillary relief particulars of–

(c) the property, income and financial commitments of the spouse of the claimant, so far as they are known to the claimant; and

(d) the capability of the spouse of the claimant to earn income, so far as it is known to the claimant; and

(e) any financial arrangement in operation between the claimant and the spouse of the claimant; and

(f) any order of a court, whether in Papua New Guinea or elsewhere, under which one of the parties to the marriage is liable to make payments to the other; and

(g) the ownership of the home in which the claimant is residing, and the terms and conditions on which the claimant is occupying or otherwise residing in it.

(3) Where the pecuniary resources of the parties to the marriage are relevant to the determination of proceedings for ancillary relief, not being proceedings of a kind referred to in Subsection (2), the claimant shall state in his application for ancillary relief particulars of such of the matters referred to in Subsection (2)(a) to (g) as are relevant to the proceedings.

(4) Where any particulars specified in Subsection (2)(c) or (d) are included in a petition or answer, particulars of the claimant’s means of knowing them shall be stated in the petition or answer.

(5) Where particulars referred to in Subsection (2)(c) or (d) are included in an affidavit, the person swearing the affidavit shall state in the affidavit particulars of his means of knowing them.

(1) Where proceedings for ancillary relief have been instituted, the spouse of the claimant may, in a defence to the proceedings–

(a) admit or deny an allegation in the application for ancillary relief that relates to the proceedings for ancillary relief; or

(b) state any facts relevant to the proceedings for ancillary relief that he wishes to be considered on the determination of the proceedings.

(2) Without limiting the generality of Subsection (1), in proceedings for ancillary relief, being proceedings with respect to the maintenance of a party to the proceedings or of a child of the marriage, the spouse shall, if he wishes to oppose the making of the order sought, state in his defence to the proceedings particulars of–

(d) the capability of the claimant to earn income, so far as it is known to him; and

(f) any order of a court, in Papua New Guinea or elsewhere, under which one of the parties to the marriage is liable to make payments to the other; and

(g) the ownership of the home in which the claimant is residing and the terms and conditions on which the claimant is occupying or otherwise residing in it.

(3) Without limiting the generality of Subsection (1), where the pecuniary resources of the parties to the marriage are relevant to the determination of proceedings for ancillary relief other than proceedings of a kind referred to in Subsection (2) the spouse, if he wishes to oppose the making of the order sought, shall state in his defence to the proceedings particulars of such of the matters referred to in Subsection (2)(a) to (g) as are relevant to those proceedings.

(4) Where any particulars referred to in Subsection (2)(c) or (d) are included in an answer or reply, particulars of the spouse’s means of knowing them shall be stated in the answer or reply.

(5) Where any particulars referred to in Subsection (2)(c) or (d) are included in an affidavit, the person swearing the affidavit shall state in the affidavit particulars of his means of knowing them.

(6) Where the spouse of a claimant states in his defence to the proceedings that any particulars of a matter referred to in Subsection (2) that are stated in the claimant’s application for ancillary relief are true and correct, this section does not require the spouse to state them in his defence to the proceedings.

(1) This section does not apply to proceedings for ancillary relief that are instituted by petition or by answer to a petition.

(2) Subject to Subsections (3) and (4), an application to the Court for the purpose of instituting proceedings for ancillary relief shall be in Form 45.

(3) Subject to Subsection (4), an application to the Court for the purpose of instituting proceedings for ancillary relief–

(b) being proceedings for relief in relation to completed proceedings for principal relief including proceedings for principal relief completed before the commencement date,

(4) An application to the Court for the purpose of instituting proceedings for maintenance pending the disposal of proceedings shall be in Form 46.

(5) Subject to Subsection (6), service of an application instituting proceedings for ancillary relief shall be effected on the spouse of the claimant in a manner referred to in Section 57(a), (b) or (c).

(6) Where proceedings for ancillary relief are instituted in relation to completed proceedings of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act, service of the application shall not be effected in the manner referred to in Section 57(c) unless the address for service of the spouse of the claimant is the address of a lawyer representing the spouse and the lawyer is, at the time of the service, representing the spouse in connection with the proceedings for ancillary relief.

(a) an order referred to in Section 3(3)(a) of the Act is in force with respect to the maintenance of a party to a marriage or a child of a marriage (in this section referred to as “the existing order”); and

(b) the party institutes proceedings for ancillary relief, being proceedings with respect to the maintenance of the party or the child, as the case may be, pending the disposal of proceedings.

(2) In a case to which this section applies, the Court shall not make an order for the maintenance of the party or the child, as the case may be, pending the disposal of proceedings unless the Court also orders, under Section 3(4) of the Act, that the existing order cease to have effect.

(a) the application for ancillary relief shall state that the claimant is seeking an order under Section 3(4) of the Act that the existing order cease to have effect; and

(b) the application for ancillary relief shall include particulars of any hardship likely to be suffered by the claimant or the child, as the case may be, if relief sought in the proceedings for ancillary relief is not granted; and

(c) the Court shall not make an order with respect to the costs of the proceedings for ancillary relief in favour of the claimant unless it is satisfied that there were good reasons for not allowing the existing order to continue to have effect.

(4) In a case to which this section applies, the claimant may, at any time after filing the application for ancillary relief, set the proceedings for ancillary relief down for hearing by filing a request in Form 47.

(5) A claimant who files a request under Subsection (4) shall cause service of a notice in Form 48 to be effected on the spouse of the claimant in a manner referred to in Section 57(a), (b) or (c), unless service of the application for ancillary relief on the spouse is dispensed with.

(6) Unless a judge otherwise directs, there shall be at least 14 clear days between the service of the notice and the day named in the notice for the hearing of the proceedings for ancillary relief.

(7) Where, in a case to which this section applies, the proceedings for ancillary relief were instituted by a petition or by an answer to a petition, and the respondent had not filed an answer to the petition, or the petitioner had not filed a reply to the answer, before a notice under Subsection (5) was served on him, the respondent or petitioner, as the case may be, may, in an affidavit filed for the purposes of the proceedings–

(a) admit or deny an allegation in the petition or answer that relates to the proceedings; and

(b) state any facts relevant to the proceedings that the respondent or petitioner wishes to be considered by the Court on the determination of the proceedings.

(1) This section applies in a case, not being a case to which Section 196 applies, where proceedings for ancillary relief have been instituted seeking a decree with respect to the maintenance of–

(2) Where in a case to which this section applies no defence to the proceedings has been filed although the time for filing a defence has expired, the claimant may, by filing a request in Form 49, request the Registrar to make an assessment for the purpose of this section.

(3) As soon as practicable after the filing of the request, the Registrar shall–

(a) if the particulars included in the application for ancillary relief are sufficient to enable him to do so–make the assessment; or

(b) in any other case–inform the claimant that he is unable to make an assessment until a certificate of means has been issued under Section 206.

(4) Where, in a case to which this section applies, a defence to the proceedings has been filed, the claimant may, by filing a request in Form 49, request the Registrar to make an assessment for the purpose of this section, and the Registrar shall, as soon as practicable after the filing of the request–

(a) if the particulars included in the application for ancillary relief and the particulars in the defence to the proceedings are sufficiently consistent and give sufficient information to enable him to do so–make the assessment; or

(b) in any other case–inform the claimant that he is unable to make an assessment until a certificate of means has been issued under Section 206.

(5) Where, in a case to which this section applies, a certificate of means is issued after the Registrar has informed the claimant that he is unable to make an assessment, the Registrar shall as soon as practicable after the certificate of means is issued, make an assessment for the purpose of this section having regard to the matters specified in that certificate.

(6) An assessment made by the Registrar for the purpose of this section shall specify–

(a) the rate (if any) per week at which the Registrar thinks maintenance should be payable for the claimant or the child, as the case may be, pending the disposal of proceedings; and

(b) the date, not being a date earlier than the day on which the petition, answer or application to the Court for ancillary relief was filed, as from and including which maintenance at that rate should be payable; and

(c) whether the Registrar thinks that maintenance should be paid to the claimant, into court or to a person or public authority on behalf of the claimant; and

(d) the rate per week at which the Registrar considers any maintenance for the claimant or the child in respect of the period commencing on the date specified under Paragraph (b) and ending on the date of the assessment, less any amount paid as maintenance for the claimant or the child, as the case may be, in respect of that period, should be payable.

(7) In making an assessment for the purpose of this section, the Registrar shall not have regard to any allegation concerning the conduct of the claimant or the spouse of the claimant, whether or not that conduct is in question in the proceedings for principal relief, unless it is relevant to the means or financial needs of the claimant or his spouse, or to the capability of the claimant or his spouse to earn income.

(8) In proceedings for ancillary relief, the Registrar shall not make an assessment for the purpose of this section specifying a rate per week for the maintenance of a claimant or a child if an order under Section 203 has been made concerning the maintenance to be paid for the claimant or child, as the case may be.

(1) Subject to Subsection (2), a claimant who requests the Registrar to make an assessment for the purpose of Section 197 in relation to proceedings for ancillary relief shall deposit with the Registrar a form of assessment in Form 49 for signature by the Registrar, and two copies of the form for the claimant and the spouse of the claimant, respectively.

(2) Subsection (1) does not require the deposit of a copy of a form of assessment for the spouse of the claimant if service of the application for ancillary relief on the spouse–

(b) was effected by publishing notice of the application in a newspaper, but in no other manner,

unless the spouse filed a defence to the proceedings or the Court, as a condition of dispensing with the service, required a copy of the application to be sent to or served on some other person.

(a) shall be capable of being folded, and of being sealed with adhesive material provided on the form, for transmission through the post as a letter; and

(b) shall have the name and address of the person endorsed on it so that when the form is folded and sealed it can, without being enclosed in an envelope and without any further addition to it, be posted as a letter to the person at that address; and

(c) shall have a notation, in the form set out in Subsection (8), endorsed on it so that when it is folded and sealed the notation remains legible.

(4) For the purpose of Subsection (3), the address of a person that is to be written on a copy of a form of assessment is–

(iii) the address of the place at which the spouse was served with the application for ancillary relief; or

(iv) the address of the person to or on whom a copy of the application was sent or served as a condition of dispensing with service on the spouse,

(5) As soon as practicable after the Registrar makes an assessment under Section 197, the Registrar shall–

(a) complete, sign and file the form of assessment deposited under Subsection (1); and

(b) complete and sign the copies of the form, and cause each copy to be served on the person to whom it is addressed by posting it to him as a letter (postage being prepaid).

(6) Service of a copy of an assessment shall, unless the contrary is proved, be deemed to have been effected on a person at the time when the letter containing the copy of the assessment would, in the ordinary course of post, be delivered at the address to which it is posted.

(7) In any proceedings, a certificate under the hand of the Registrar and written on an assessment, stating that a copy of the assessment was posted as a letter (postage being prepaid) at a specified time, on a specified day, at a specified place and addressed to a specified person at a specified address, is evidence of the facts stated in the certificate.

(8) The form of the notation required by Subsection (3)(c) to be endorsed on a form of assessment deposited by a claimant is as follows:–

“If not delivered within seven days, return to (name of the lawyer for the claimant, or name of the claimant, as the case may be, and address for service of claimant).”

(1) Where in a case to which Section 197 applies the Registrar has made an assessment for the purpose of that section the petitioner or respondent may, not later than 10 days after service of a copy of the assessment on him, by filing a request in Form 51 request the Registrar to refer the proceedings to the Court, and the Registrar shall refer the proceedings accordingly.

(2) Where a person on whom a copy of an assessment has been served does not duly file a request under Subsection (1), the person shall be taken to have consented to the Court making, in the proceedings in relation to which the assessment was made, an order in accordance with the terms of the assessment, but that consent does not prejudice the person in any other proceedings.

(1) Subject to Subsection (2), where, in proceedings with respect to maintenance, a claimant and his spouse are taken to have consented to the making of an order by the Court in accordance with the terms of an assessment, the claimant may, by filing a request in Form 51, request the Registrar to refer the proceedings to the Court under this section, and the Registrar shall refer the proceedings accordingly.

(2) Subsection (1) does not require the Registrar to refer proceedings to the Court unless he is satisfied, by affidavit, that the amount calculated in respect of the proceedings in accordance with Section 201(1) exceeds, by more than the weekly rate (or the sum of the weekly rates) specified in the assessment under Section 197(6)(a), the amount so calculated in accordance with Section 201(2).

(3) Where the Registrar is required to refer proceedings to the Court under Subsection (1), he shall bring the proceedings before the Court which, if it thinks fit, may, without any application being made to it and without a hearing, order the payment of maintenance in accordance with the terms of the assessment, less any amounts paid as maintenance in respect of the period covered by the assessment.

(4) Where the Court does not think fit to make an order under Subsection (3), the Registrar shall refer the proceedings to the Court for hearing and determination, and the spouse of the claimant may withdraw the consent that, under Section 199(2), he is taken to have given.

(5) Where, in proceedings for ancillary relief, an order under Section 203 has been made for the payment of maintenance for the claimant in the proceedings or for a child of a marriage, an order shall not be made under this section for the payment of maintenance for the claimant or child, as the case may be, in accordance with the terms of an assessment made under Section 197.

(1) The first amount referred to in Section 200(2) in respect of any proceedings is the total amount of the payments (including payments in respect of periods preceding the date of the relevant assessment under Section 197) that would have become due and payable on or before the date on which the request under Section 200(1) is filed if the assessment had been an order for the payment of maintenance in accordance with its tenor.

(2) The second amount referred to in Section 200(2) is the total amount paid, since the date of the assessment, by the spouse of the claimant for the maintenance of–

as the case may be, less so much of any maintenance so paid as relates to a period preceding the date specified, in accordance with Section 197(6)(a), in the assessment.

(1) The party at whose request proceedings for ancillary relief are referred to the Court under Section 199, or the claimant in proceedings for ancillary relief that are referred to the Court under Section 200(4), shall cause a notice in Form 52 to be served on the spouse of the party or claimant, as the case may be.

(2) Subsection (1) does not require service of a notice referred to in that subsection to be effected on the spouse if service on the spouse of the application for ancillary relief instituting the proceedings–

(1) Where the parties to proceedings for ancillary relief, being proceedings for an order with respect to the maintenance, pending the disposal of proceedings, of one of the parties or of a child of a marriage, agree as to the maintenance that should be paid for the party or the child pending the disposal of proceedings, a form of order may be deposited with the Registrar–

(a) providing for the payment of maintenance in accordance with the agreement; and

(c) ordering, under Section 3(4) of the Act, that a relevant existing order, within the meaning of Section 196, shall cease to have effect,

(2) A form of order shall not be deposited under Subsection (1) unless it has endorsed on it the consent, signed by each of the parties, either personally or by his lawyer, to the making of an order in the terms of the form.

(3) Where a form of order is duly deposited with the Registrar, he shall bring the proceedings to which the form of order relates before the Court which may, if it thinks fit, without any application being made to it and without a hearing, make an order in the terms of the form.

(4) Where, after the Registrar has made an assessment under Section 197 specifying the rate per week at which the Registrar thinks maintenance should be paid for the person pending the disposal of proceedings, an order is made under Subsection (3) with respect to the maintenance payable for the person pending the disposal of the proceedings, the assessment ceases to have effect for the purpose of Section 199 or 200.

(1) Subject to Subsection (2), in determining proceedings for ancillary relief, being proceedings seeking an order with respect to the maintenance, pending the disposal of proceedings, of a party to a marriage or of a child of a marriage, the Court may have regard to the conduct of the parties to the marriage, other than conduct that is in question in the proceedings for principal relief.

(2) Notwithstanding Subsection (1), the Court may take into account allegations concerning the conduct of a party to the marriage that is in question in the proceedings for principal relief if the truth of the allegations has been admitted by the party in a pleading or affidavit filed for the purpose of the proceedings for ancillary relief, or in a pleading filed for the purpose of the proceedings for principal relief.

(3) Where proceedings for ancillary relief are referred to the Court under a request under Section 199, the Court shall not make an order with respect to the costs of the proceedings in favour of the party who made the request unless it is satisfied that the reference of the proceedings to the Court was justified.

(a) a party to a marriage is seeking a decree with respect to the maintenance of a party to the marriage settlements, or the maintenance of a child of the marriage; or

(b) the Registrar has informed the claimant that the Registrar is unable to make an assessment under Section 197 until a certificate of means has been granted.

(2) In proceedings for ancillary relief to which this section applies, a party to the marriage may make application in Form 53 to the Registrar for a certificate of means with respect to the pecuniary resources of the parties to the marriage and the capability of each of them to earn income.

(3) Except by leave of the Court or the Registrar, an application under Subsection (2) shall not be made–

(a) after the date on which the proceedings for principal relief have been set down for trial; or

(b) if a certificate of means has already been issued in relation to the proceedings for ancillary relief; or

(c) in the case of proceedings for ancillary relief (not being proceedings for maintenance pending the disposal of other proceedings) included in a suit to which Division XI.6 applies–before a conference for the purpose of that Division has been held.

(4) Unless the Court or the Registrar otherwise directs, it is not necessary for an applicant for a certificate of means to serve the application on the other party to the marriage unless that party has an address for service for the purpose of the proceedings.

(5) Service of an application under Subsection (2) by a party to a marriage shall be effected on the other party to the marriage in a manner referred to in Section 57(a), (b) or (c).

(6) On the hearing of an application for a certificate of means in relation to proceedings for ancillary relief, the application for ancillary relief, and the defence to the proceedings (if any) filed for the purpose of those proceedings, are each evidence of any facts relevant to the first-mentioned application that are stated in it.

(7) It is not necessary for a party making application for a certificate of means to file an affidavit in support of his application.

(8) Notwithstanding Subsection (7), either party to an application for a certificate of means may file affidavits for the purpose of the application, and Sections 17(2) and 18 apply to and in relation to affidavits so filed.

(1) On application made under Section 205 or at the direction of the Court, the Registrar shall inquire into the pecuniary resources of the parties to the marriage to which the application relates and into the capability of each of them to earn income, and issue a certificate of means in Form 54 with respect to those resources and capabilities.

(2) Where a certificate of means is issued on an application made after a certificate under Subsection (1) has already been issued, the certificate already issued shall be deemed to have been revoked.

(3) Where a Judge directs an inquiry by the Registrar into the pecuniary resources of the parties to a marriage and the capability of each of them to earn income, the Judge may give such directions as he thinks proper with respect to service of notice of the date fixed for the hearing of the inquiry by the Registrar and the filing and serving of affidavits for the purpose of that inquiry, and the parties of the marriage shall comply with any such directions.

(1) Where proceedings for ancillary relief, being proceedings seeking an order with respect to the custody, guardianship, welfare, advancement or education of a child of a marriage, pending the disposal of proceedings, are instituted by a petition or by an answer to a petition, the petitioner or respondent, as the case may be, may, at any time after the filing of the petition or answer, set the proceedings for ancillary relief down for hearing by filing a request in Form 47.

(2) A party who files a request under Subsection (1) shall cause service of notice in Form 48 of the place, date and time fixed for the hearing of the proceedings to be effected, in a manner referred to in Section 57(a), (b) or (c), on each other party to the proceedings for ancillary relief, other than a party service on whom the petition or answer instituting the proceedings was dispensed with.

(3) Unless a Judge otherwise directs, there shall be at least 14 clear days between the service of the notice and the day named in the notice for the hearing of the proceedings for ancillary relief.

(4) Where a notice under Subsection (2) is served on a respondent who has not filed an answer to the petition, or on a petitioner who has not filed a reply to the answer, the respondent or petitioner, as the case may be, may, in an affidavit filed for the purpose of the proceedings–

(a) deny any allegation in the petition, or answer, that relates to the proceedings for ancillary relief; and

(b) state any facts relevant to the proceedings for ancillary relief that the respondent or petitioner wishes to be considered by the Court on the determination of the proceedings.

(1) The respondent to a petition instituting proceedings for principal relief may, at any time before the filing of an answer to the petition on behalf of the respondent but not later than the expiration of the time limited for the filing of such an answer, make application to the Court for an order with respect to the custody, guardianship, welfare, advancement or education, as the case may be, of a child of the marriage pending the disposal of the proceedings.

(2) Unless a Judge otherwise directs, there shall be at least 14 clear days between the service of an application under Subsection (1) and the day named in the application for the hearing of the application or the day fixed by the Registrar for the hearing of the application, as the case may be.

(1) Where, after proceedings for principal relief have been instituted, a dispute arises with respect to the custody, guardianship, welfare, advancement or education, as the case may be, of a child pending the disposal of the proceedings, the petitioner or respondent may make application to the Court for an order with respect to the custody, guardianship, welfare, advancement or education, as the case may be, of the child, pending the disposal of the proceedings.

(1) Where proceedings for ancillary relief have been instituted seeking an order with respect to the custody, guardianship, welfare, advancement or education of a child of the marriage, pending the disposal of proceedings, the Court may, in a case of urgency, hear the proceedings, and make an order in the proceedings, ex parte.

(2) The petitioner or respondent in proceedings for principal relief may, in a case of urgency, institute proceedings for ancillary relief seeking an order of a kind referred to in Subsection (1), by filing an application or, with the leave of the Court, by making application orally to the Court, and the Court may hear the proceedings for ancillary relief, and make an order in those proceedings, ex parte.

(3) Where the Court gives leave under Subsection (2), to make an application orally, it may give the leave on condition that the claimant gives to it an undertaking to file, as soon as practicable, an application and such affidavits and other documents in support of the application as the Court thinks proper.

(4) Where the Court makes an order of a kind under Subsection (1) on an application that was made ex parte, it shall–

(a) specify in the order the period during which the order will remain in force; and

(b) give directions with respect to the service of copies of the order, the application and such other documents as it thinks proper on the spouse of the claimant and, if a person other than the claimant or the spouse of the claimant has the custody, or the care and control, of the child, on that person; and

(1) This section applies in relation to a respondent to any proceedings for principal relief who–

(a) before the determination of the proceedings, institutes or has instituted proceedings for ancillary relief with respect to the custody of a child of the marriage; and

(b) has committed adultery since cohabitation between the parties to the marriage ceased or last ceased, as the case may be, but before the hearing of the proceedings for ancillary relief; and

(2) A respondent to whom this section applies shall file a statement concerning the adultery–

(a) if the adultery was committed before the application for ancillary relief is filed–at the time when the application is filed; or

(3) A statement under Subsection (2) shall state particulars of the acts of adultery committed by the respondent since cohabitation between the parties to the marriage ceased or last ceased, as the case may be (other than acts stated in any other statement filed by him for the purposes of the proceedings in accordance with Subsection (2)), and the circumstances giving rise to the commission of the acts of adultery.

(4) Where in a statement filed by a respondent under Subsection (2) the respondent states that he and the person with whom he has committed adultery are living together as if they were husband and wife, it is not necessary for a further statement under that subsection to be filed setting out particulars of any further acts of adultery committed by him with that person.

(5) A statement under Subsection (2) shall not be filed by or on behalf of a respondent to any proceedings unless–

(b) the matters set out in it have been verified by the affidavit of the respondent written on it; and

(c) it is enclosed in a sealed envelope having written on it the words “Statement under Section 212”, the number of the proceedings and a certificate–

(ii) if the respondent is not represented by a lawyer–signed by the respondent,

certifying that the statement is duly signed and verified, and that it bears the date on which it was signed.

(6) Sections 161 and 163 apply in relation to statements filed under Subsection (2) as if reference in those sections to a discretion statement were references to a statement so filed.

(7) Where a respondent to whom this section applies files a statement under Subsection (2), the lawyer for the respondent or, if the respondent is not represented by a lawyer, the respondent–

(a) shall write on the application for ancillary relief, in red ink, a notation in the following form, and sign his name immediately under the notation:–

(b) shall give notice of the filing of the statement to the petitioner as soon as practicable after the filing of the statement.

(8) Where a notation under Subsection (7) has been written on an application for ancillary relief before service of the application is effected on the petitioner, notice of the filing of the statement under Subsection (2) shall be deemed to have been given to the petitioner if the copy of the application served on him has a copy of the notation written on it.

(9) Where a respondent has filed a discretion statement stating that he has committed adultery and that he and the person with whom he has committed adultery are living together as if they were husband and wife, this section does not require the respondent to file a statement concerning any further acts of adultery committed by the respondent with that person.

Proceedings for Ancillary Relief Instituted by a Person not a Party to the Marriage.

(1) Where a person who is not the petitioner or respondent in proceedings for principal relief institutes, in relation to those proceedings and by leave of the Court, proceedings for ancillary relief, being proceedings with respect to the custody, guardianship, maintenance, welfare, advancement or education of a child of the marriage to which the proceedings for principal relief relate, this section applies to the proceedings for ancillary relief, but Divisions 2, 3 and 4 do not apply to or in relation to them.

(2) Where a person institutes proceedings for ancillary relief to which this section applies–

(a) the title to the proceedings for principal relief shall be deemed to have been amended by adding his full name and designation; and

(b) such of the parties to the marriage as are living on the date of the institution of the proceedings for ancillary relief are parties to the proceedings for ancillary relief; and

(c) subject to Subsection (3), the person shall cause service of the application instituting the proceedings for ancillary relief to be effected, in a manner referred to in Section 57(a), (b) or (c), on such of the parties to the marriage as are living on that date; and

(d) subject to Subsection (5), it is not necessary for service of a pleading, or a copy of a document, filed for the purpose of the proceedings for principal relief after the institution of the proceedings for ancillary relief to be effected on the person unless the pleading or document relates to other proceedings with respect to the custody of the child; and

(e) a Judge may give such directions with respect to the filing of affidavits and the trial of the proceedings for ancillary relief as he thinks necessary for the proper determination of those proceedings.

(3) Where proceedings for ancillary relief to which this section applies are instituted in relation to completed proceedings for principal relief, service of the application instituting the proceedings for ancillary relief shall not be effected on a party in the manner referred to in Section 57(c) unless the address for service of the party is the address of a lawyer representing him and the lawyer is, at the time of the service, representing him in connection with the proceedings for ancillary relief.

(4) Where proceedings for ancillary relief to which this section applies are instituted before the trial of the proceedings for principal relief, the proceedings for ancillary relief shall, subject to any directions given under Subsection (2)(e), be deemed to have been consolidated with, and shall, as far as practicable, be heard and determined by the Court at the same time as the proceedings for principal relief.

(5) Where proceedings for ancillary relief to which this section applies are instituted before the proceedings for principal relief are set down for trial–

(a) a copy of any request to set the proceedings for principal relief down for trial; and

(b) any application, or any document filed for the purpose of an application, with respect to the date on which or place at which the trial of the proceedings for principal relief take place,

shall be served on the person who instituted the proceedings for ancillary relief.

(6) Subject to this section and to any directions given under Subsection (2)(e), Sections 16, 17 and 18 apply to and in relation to proceedings for ancillary relief to which this section applies.

(1) Where application is made to the Court for the variation of an order made in respect of a matter referred to in Section 73 of the Act so as to increase or decrease any amount ordered to be paid by the order, the affidavits in support of the application shall state, in addition to any other facts stated in accordance with Section 17–

(b) the material facts that are alleged by the applicant to have been withheld from the Court; or

(2) Where application is made to the Court for an order increasing or decreasing–

the affidavits in support of the application shall state, in addition to any other facts stated under Section 17, the material facts that are alleged by the applicant to have been withheld from the Court or the material evidence previously given before the Court that is alleged by the applicant to have been false, as the case may be.

(3) Where a party has made application to the Court for the variation of an order, another party to the application may, in an affidavit filed for the purpose and without filing an application to the Court, request the Court to vary the order in a manner specified in the affidavit, and the Court shall then determine the request on the hearing of the application.

(4) Where a party makes a request under Subsection (3), the affidavit of the party shall state which of the matters referred to in Subsection (1)(a), (b) or (c), or in Subsection (2)(a) or (b), are relevant to the request.

(1) Subject to this Division, testimony at the trial of proceedings shall be given orally.

(2) This Division does not prevent the admission in evidence, in accordance with the practice of the Court, at the trial of any proceedings, of–

Unless the Court otherwise orders at the trial or the Registrar otherwise orders at the hearing of an application to the Registrar, proof of the due service of a pleading or other document may be given by affidavit.

(a) the service of a petition on a person who has filed an answer to the petition or a notice of address for service; or

(b) the service of an answer on a person who has filed a reply to the answer or has since the answer was filed, filed a notice of address for service.

(1) In any proceedings, a certificate under the hand of the Managing Director, Post PNG Limited, or a person authorized in writing by the Managing Director to give certificates under this subsection stating that a letter posted (postage being prepaid) at a specified time, on a specified day, at a specified place and addressed to a specified address would, in the ordinary course of post, have been delivered at that address on a specified day is evidence of the fact stated.

(2) For the purposes of Subsection (1), a document purporting to be a certificate referred to in that subsection shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.

(1) This section applies to proceedings for a decree of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act and to any related proceedings that are heard and determined by the Court at the same time.

(2) Subject to Subsection (3), the Court may, by order, grant leave to a party to proceedings to which this section applies to furnish at the trial evidence of a particular fact by the affidavit of a person, whether a party to the proceedings or not, who has, of his own knowledge, deposed to the fact.

(a) before the trial of the proceedings–on application made by a party to the proceedings; or

(b) at the trial of the proceedings–on oral application made during the trial.

(4) Where the Court makes an order under Subsection (2) before any defended proceedings to which this section applies are set down for trial–

(a) an affidavit proposed to be used on the trial of the proceedings by leave granted to the party by the order shall, unless the Court otherwise ordered, be filed within eight days after the making of the order, and a copy of the affidavit shall be served on the day on which it is filed, or on the next following day, on each other party to the proceedings who has filed a pleading; and

(b) a party on whom a copy of an affidavit is so served may, within eight days after the service, file an affidavit in reply; and

(c) the party who obtained the order may, within four days after an affidavit in reply is served on him, file a further affidavit in reply; and

(d) a copy of an affidavit in reply shall, on the day on which it is filed or on the next following day, be served on the party who filed the affidavit in reply to which it is filed.

(5) Where the Court makes an order under Subsection (2) after any defended proceedings to which this section applies have been set down for trial, the order shall specify the time within which an affidavit may be filed and served, and the time within which affidavits in reply may be filed and served.

(1) Evidence shall be given by affidavit on the hearing of proceedings of a kind referred to in Paragraph (c), (d) or (e) of the definition “matrimonial cause” in Section 1(1) of the Act (not being proceedings to which Section 219 applies), or on the hearing of an application to the Registrar, unless the Court or Registrar, as the case may be, orders otherwise.

(2) Where an affidavit intended to be used on the hearing of any proceedings or of an application to which Subsection (1) applies is filed on behalf of a party to the proceedings or application, he shall, on the day on which the affidavit is filed or on the next following day, serve a copy of the affidavit on each other party who has an address for service.

(3) Where a party to any proceedings or to an application has served on another party to the proceedings or application a copy of an affidavit intended to be used on the hearing of the proceedings or application, the party on whom the affidavit was served may, within the time limited for replying to the affidavit, or if no such time is limited within four days after service of the affidavit on the party, serve on the party who served the affidavit notice that on the hearing of the proceedings or application he desires to cross-examine the person who made the affidavit.

(4) A party who serves a notice that he desires to cross-examine the person who made an affidavit shall, unless the person is or has been the husband of the party, pay or tender reasonable expenses for his attendance at the hearing.

(5) Where a notice has been served under Subsection (3) and Subsection (4) has been complied with, the affidavit in relation to which the notice was served shall not be admitted in evidence on the hearing of the proceedings or application unless–

(a) the person who made the affidavit is available at the hearing for cross-examination; or

(b) the Court or Registrar, as the case may be, is satisfied that there are special circumstances justifying the admission of the affidavit in evidence.

(1) Where an affidavit states facts to which the deponent is unable to depose of his own knowledge–

(a) the affidavit is not admissible, as evidence of those facts, on the trial of proceedings to which Section 219 applies; and

(b) unless the affidavit states the deponent’s belief in the truth of those facts and particulars of his means of knowing them, the affidavit is not admissible, as evidence of those facts, on the hearing of any other proceedings or of an application to the Registrar.

(2) The costs of a part of an affidavit that unnecessarily set out matters of hearsay, argumentative matter or copies of, or extracts from, documents are payable by the party filing the affidavit.

Where a document or a portion of a document is set out in an affidavit, the party filing the affidavit shall produce the document, or cause it to be produced, on the trial of the proceedings in connection with which the affidavit is filed.

A document, object or thing referred to in an affidavit as an exhibit shall have written on it, or on a paper attached to it, the title and number of the proceedings in connection with which the affidavit is filed and a certificate signed by the person before whom the affidavit is sworn certifying that the exhibit is the particular exhibit specified in the affidavit.

In an affidavit, dates and sums of money shall be written in figures and not in words.

(2) An affidavit may be sworn at a place outside Papua New Guinea before a diplomatic officer or consular officer of Papua New Guinea, before an Australian Diplomatic Officer or an Australian Consular Officer as defined by Section 2 of the Consular Fee Act 1955 of Australia, or before a judge of a court of that place, a magistrate or justice of the peace of or for that place or a notary public.

(3) The title of the person before whom an affidavit is sworn, and the date on which and place at which the affidavit is sworn, shall be stated in the jurat to the affidavit.

(4) Where an affidavit purports to have been sworn at a place before a person before whom an affidavit is permitted to be sworn at that place, the affidavit shall, unless the contrary is proved, be deemed to have been sworn before such a person, without proof of his signature or title.

(5) An affidavit is not admissible in evidence if it is sworn by the deponent before–

(a) the lawyer acting for the party on whose behalf the affidavit is to be used; or

(1) An affidavit shall be drawn up in the first person, and shall be divided into paragraphs.

(2) Where an affidavit contains more than one paragraph, the paragraphs shall be numbered consecutively.

(3) Each paragraph shall, as far as practicable, be confined to a distinct part of the subject.

(5) Costs shall not be allowed for an affidavit departing substantially from this section.

An affidavit shall be signed on each page by the deponent and by the person before whom the affidavit is sworn.

(1) Subject to Subsection (2), where an affidavit is sworn by two or more deponents the full name of each deponent shall be stated in the jurat.

(2) If all the deponents swear the affidavit at the same time and before the same person, it is sufficient for the jurat to show that the affidavit was sworn or affirmed by all of the “abovenamed” deponents.

(1) Unless the Court otherwise directs, an affidavit shall be filed before it is used in proceedings before the Court.

(2) Unless the Registrar otherwise directs, an affidavit to be used in connection with an application to the Registrar shall be filed before it is used.

(1) There shall be endorsed on an affidavit the name of the deponent, the date on which the affidavit is sworn and the party on whose behalf the affidavit is filed.

(2) An affidavit that does not have endorsed on it the particulars referred to in Subsection (1) shall not be used in any proceedings or on the hearing of an application to the Registrar, unless the Court or the Registrar, as the case may be, otherwise directs.

On application by a party to proceedings, the Court may order that any scandalous or irrelevant matter included in an affidavit filed for the purpose of the proceedings be struck out, and may further order that the costs of the application be paid as between solicitor and client.

When an affidavit filed for the purpose of any proceedings or of an application to the Registrar contains, in the jurat or in the body of the affidavit, an interlineation, alteration or erasure, the affidavit shall not be used in the proceedings or on the hearing of the application without the leave of the Court or the Registrar, as the case may be, unless–

(a) in the case of an interlineation or alteration, not being an alteration by erasure–the interlineation or alteration is authenticated by the initials of the person before whom the affidavit is sworn; or

(b) in the case of an erasure–the words or figures appearing, at the time when the affidavit is sworn, to be written on the erasure are written in the margin of the affidavit and initialled by the person before whom the affidavit is sworn.

(1) Where an affidavit is sworn by a deponent who appears to the person before whom it is sworn to be illiterate or blind, that person shall certify, in the jurat to the affidavit, that–

(2) Where an affidavit that is sworn by a person who is illiterate or blind does not bear the certificate referred to in Subsection (1), it is not admissible in evidence in any proceedings or on the hearing of an application by the Registrar, unless the Court before whom the proceedings are tried or the Registrar, as the case may be, is satisfied that it was read over to the deponent and that the deponent appeared to understand the matter contained in it.

Where the deponent to an affidavit objects to swearing on oath to the truth of the statements in the affidavit, he may solemnly and sincerely declare and affirm that he objects to swearing on oath and that the statements in the affidavit are true, and the jurat to the affidavit shall be altered accordingly.

Where, in an affidavit filed for the purpose of any proceedings or of an application to the Registrar, there is a defect, by misdescription of parties or deponents or otherwise, in the title to, or jurat in, the affidavit, or there is any irregularity in the form of the affidavit, the Court or the Registrar, as the case may be, may direct that a memorandum be written on the affidavit authorizing the use of the affidavit notwithstanding the defect or irregularity, and the affidavit may then be used in the proceedings or on the hearing of the application.

Except as expressly provided in this Part, this Part does not limit the operation of decrees and process made or issued under the Act or these Rules.

(1) Subject to Subsection (4), a decree made under the Act is not enforceable against a person unless–

(i) on the person–in the manner referred to in Section 57(a), or in accordance with the terms of an order for the substituted service of the decree; or

(ii) on the lawyer representing the person in connection with the enforcement of the decree–in the manner referred to in Section 57(a); and

(b) subject to Subsection (2), at the time when service of a copy of the decree was so effected the decree was shown to the person to whom the copy was delivered; and

(c) a notice, in accordance with the form of notice in Subsection (3), addressed to the person is written on the copy of the decree that is served on him; and

(d) subject to Section 239, written demand for compliance with the decree has been made on the person.

(2) Subsection (1)(b) does not apply to the enforcement of a decree against a person in a case where an order has been made substituting the giving of notice of the decree to the person by advertisement or otherwise for service of the decree on the person.

Take notice that if you fail to carry out the acts required of you by the within decree (or order) within the time specified in the decree (or order) for carrying out those acts, further legal proceedings may be taken against you for the purpose of compelling you to carry them out.”

(4) Subsection (1) does not apply to the enforcement of a decree against a person if the Court, under Section 94(2) of the Act, has dispensed with service of a copy of the decree on him.

a sum or sums of money for maintenance, costs or damages within a time specified in the decree, the making of a demand for compliance with the decree is not necessary for the purpose of Section 238.

(a) to do an act, not being payment of a sum or sums of money for maintenance, costs or damages, within a time specified in the decree; or

the making of a demand for compliance with the decree is not necessary for the purpose of Section 238.

(1) A decree shall not be enforced by attachment or sequestration without the leave of the Court.

(2) Subject to Subsection (3), where application is made for leave to enforce, by attachment or sequestration, a decree for the payment of maintenance or costs, the affidavit in support of the application shall state, in addition to any other facts stated in accordance with Section 17–

(3) An affidavit shall be deemed to have stated the particulars required by Subsection (2) if it states–

(a) that, at a specified date, all amounts that had become payable under the decree on or before that date had been paid; and

(b) particulars of the amounts that have become payable under the decree after that date and of any amounts paid in reduction of the amounts so payable and, as far as practicable, the respective dates on which any amounts so paid were paid.

(4) A party to any proceedings who makes application for leave to enforce a decree by attachment or sequestration against another party to the proceedings shall cause service of the application to be effected on the other party in a manner referred to in Section 57(a) or (b).

(1) Where a person who has been arrested under a writ of attachment is brought before the Court, the Court may, with the consent of the person on whose application the person was arrested, order the sequestration of the person’s estate instead of ordering the person to be kept in custody.

(2) The Court may, under Section 86 of the Act, enforce a decree by sequestration notwithstanding that an attempt has not been made to enforce the decree by attachment.

On application made by a person whose estate has been sequestrated under a writ of sequestration issued under an order of the Court, the Court may discharge the writ on such terms and conditions as the Court thinks proper.

“the person entitled to receive payments under the maintenance order”, in relation to a maintenance order, means–

(a) if the maintenance order requires payments to be made into a court for payment out to a person–that person; or

(b) if the maintenance order requires payments to be made to a person for transmission to another person–the first-mentioned person; or

(b) in relation to a court of summary jurisdiction–the clerk or other proper officer of that court of summary jurisdiction.

(2) Unless the contrary intention appears, expressions used in this Division have the same meaning as in Schedule 2 to the Act.

(1) An application to the Court for an attachment of earnings order may be made ex parte.

(2) The affidavit in support of an application referred to in Subsection (1) shall state, in addition to any other facts stated in accordance with Section 17–

(b) the amount of the arrears due to the applicant under the maintenance order; and

(c) particulars of any proceedings taken by or on behalf of the applicant for the enforcement of the maintenance order; and

(d) the name and address of the person believed by the applicant to be the employer of the defendant; and

(iv) the nature of the work performed by the defendant and the works number (if any) of the defendant.

An attachment of earnings order, whether made by the Court or by a court of summary jurisdiction, shall be in Form 56.

(1) Subject to Subsection (2), where the Court or a court of summary jurisdiction makes an attachment of earnings order, or an order varying or discharging an attachment of earnings order, the prescribed officer shall cause service of a sealed copy of the order to be effected on–

by properly addressing and posting (postage being prepaid) the copy, as a letter, to the person at the last place of residence of the person known to the prescribed officer, or, in the case of the person to whom the attachment of earnings order is directed, at a place of business of the person.

(2) Subsection (1) does not require service of a copy of an order to be effected on the applicant for the order.

(3) Where the prescribed officer has caused a sealed copy of an order referred to in Subsection (1) to be posted, in accordance with that subsection, to the person to whom the attachment of earnings order is directed at a place of business of the person, the copy shall be deemed to have been served on the person on the day on which the copy would, in the ordinary course of the post, be delivered at that place.

(4) Where the Court makes an order referred to in Subsection (1), the applicant for the order shall deposit with the Registrar a copy of the order for each person on whom service of a copy of the order is required by this section to be effected, being a copy that has written on it the name of the person and either the place of residence or a place of business of the person.

(5) In all courts, a certificate under the hand of the prescribed officer of a court stating that a sealed copy of an order, a copy of which is attached to the certificate, being an order of a kind referred to in Subsection (1), was posted as a letter (postage being prepaid) at a specified time, on a specified day, at a specified place and addressed to a specified person at a specified address is evidence of the facts stated and that the specified address–

(a) was, at the time of the posting, the last place of residence of the person known to the prescribed officer; or

(b) if the person is the person to whom the attachment of earnings order is directed–was, at the time of the posting, a place of business of the person.

(6) For the purposes of Subsection (5), a document purporting to be a certificate referred to in that subsection shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.

(1) Where a person to whom an attachment of earnings order is directed is required by Section Sch. 2.8 of the Act to give notice of a matter referred to in that section, he shall furnish to the prescribed officer of the court that made the order a notice in Form 58 containing particulars of the matter, together with a copy of the notice, and the attachment of earnings order shall than be deemed to have been discharged.

(2) The prescribed officer of a court who receives a notice under Section Sch. 2.8 of the Act shall cause a copy of the notice to be addressed and posted as a letter (postage being prepaid) to the person entitled to receive payment under the maintenance order to which the attachment of earnings order relates.

Where application is made to the Court under Section Sch. 2.10(1) of the Act, the applicant shall cause service of the application to be effected on each other person referred to in that subsection.

(1) Subject to this Division, the practice and procedure of a court of summary jurisdiction applies to and in relation to an application to that court under Schedule 2 to the Act, and to the service, hearing and determination of such an application.

(2) Service of a summons or other appropriate document relating to an application under Section Sch. 2.10(1) of the Act shall be effected by the applicant on each other person referred to in that subsection.

(1) In this section, “laws” include the practice and procedure of the Court.

(2) Subject to these Rules, laws relating to the enforcement of judgements of the Court apply to and in relation to the enforcement by the Court of a decree made under the Act.

(1) For the purpose of Section 88 of the Act, registration in a court of summary jurisdiction of an order for the payment of maintenance shall be effected by the clerk or other proper officer of the court entering particulars of the order in a register kept for the purpose.

(2) A person in whose favour an order for the payment of maintenance has been made under the Act may obtain from the Registrar a certificate in Form 59 of the decree or order, which shall be signed by the Registrar and sealed with the seal of the Court.

(3) Particulars of an order for the payment of maintenance shall not be entered in the register by the clerk or other proper officer of a court of summary jurisdiction unless–

(a) a certificate under Subsection (2) in relation to the order has been filed in the proper office of the court; and

(b) the clerk or other proper officer is satisfied, by affidavit filed in the proper office of the court–

(i) that a copy of the order has been duly served on the person liable to make payments under the order, or that service of a copy of the order on him has been dispensed with under Section 94(2) of the Act; and

(ii) that the order is not registered in any other court of summary jurisdiction; and

(iii) that no proceedings are pending in any court for the enforcement of the order and no writ, warrant or other process issued by a court for the enforcement of the order is in force.

(1) Where moneys are paid into a court of summary jurisdiction under an order for the payment of maintenance that has been registered in that court under Section 88 of the Act, the clerk or other proper officer of the court shall, in his discretion–

(a) transmit the moneys to the court, public authority or person to which or to whom they are directed to be paid by the order; or

(b) pay them direct to a person who would be entitled to receive the moneys from the court, authority or person referred to in Paragraph (a) if the moneys were transmitted to that court, authority or person.

(2) Where, under Subsection (1), the clerk or other proper officer pays moneys direct to a person in accordance with Subsection (1)(b), the clerk or other proper officer shall give notice to the court, public authority or person referred to in Subsection (1)(a) of the amount or amounts so transmitted.

(3) Where the clerk or other proper officer of a court has given notice under Subsection (2) in relation to an order for the payment of maintenance, subsequent notices under that subsection in relation to the order may be given by the clerk or other proper officer of the court at such intervals as he thinks proper.

(1) Where an order for the payment of maintenance that is registered in a court of summary jurisdiction is discharged, varied or revived by the Court, or where the effect of such an order is modified or the operation of such an order is suspended by the Court, the Registrar shall cause written notice of the fact to be given without delay to the clerk or other proper officer of the court of summary jurisdiction.

(2) On receipt of notice under Subsection (1), the clerk or other proper officer shall cause particulars of the discharge, variation, revival, modification or suspension to be entered in the register kept by him under Section 252.

Where no proceedings for the enforcement of an order for the payment of maintenance are pending in the court of summary jurisdiction in which the order is registered and no writ, warrant or other process issued by that court for the enforcement of the order is in force, the person who caused the order to be registered in the court may request, in writing, the clerk or other proper officer of the court to cancel the registration of the order, and the clerk or other proper officer shall cancel the registration.

(1) Where an order for the payment of maintenance is registered under Section 88 of the Act in a court of summary jurisdiction, or where the registration of such an order in a court of summary jurisdiction is cancelled under Section 255, the clerk or other proper officer of the court shall cause notice of the registration or cancellation to be given without delay to the Registrar.

(2) A notice under Subsection (1) shall be in writing, signed by the clerk or officer giving the notice.

PART XVII. – PROCEEDINGS CONSEQUENT ON DECREES OF RESTITUTION OF CONJUGAL RIGHTS.

“petition” includes an answer by which a respondent institutes proceedings for a decree of restitution of conjugal rights;

“the petitioner”, in relation to a decree, means the party, whether the petitioner or respondent in the proceedings for the decree, in whose favour the decree is made;

“the respondent”, in relation to a decree, means the party, whether the petitioner or respondent in the proceedings for the decree, against whom the decree is made.

Where the Court makes a decree, the petitioner shall, as soon as practicable after the making of the decree, cause service of a copy of the decree to be effected on the respondent in a manner referred to in Section 57(a) or (b).

(1) Subject to Subsection (3), where the Court has made a decree on the petition of a husband, a notice given by the petitioner to the respondent under Section 51 of the Act–

(a) shall specify the address of the home to which the respondent is to return to the petitioner in order to comply with the decree; or

(i) state that the petitioner will, within a reasonable time, specified in the notice, after the respondent informs him of her intention to return home to the petitioner and of the date on and after which she will be ready to return, provide a home for the respondent to return to, and give the respondent notice of its address; and

(ii) specify an address where the respondent may communicate with the petitioner by post; or

(i) specify the address of a home to which the respondent is to return to the petitioner in order to comply with the decree; and

(ii) specify the date on which that home will cease to be the home to which the respondent is to return to the petitioner for that purpose; and

(iii) specify an address where the respondent may communicate with the petitioner by post; and

(iv) state that, if the respondent does not return home to the petitioner before the specified date, the petitioner, within a reasonable time, specified in the notice, after the respondent informs him that she intends to comply with the decree, and of the date on and after which she will be ready to return, will–

(a) if the respondent informs the petitioner of her intention to return home to the petitioner and of the date on and after which she will be ready to return; and

(b) if the respondent’s usual place of residence at that date is more than 32km from the home to which she is to return; and

the petitioner will pay to the respondent, in advance, a reasonable sum for her expenses of returning home to the petitioner.

(3) Where the Court has, on the petition of a husband, made a decree by which the respondent is ordered to take back the petitioner and render to the petitioner conjugal rights, a notice given by the petitioner to the respondent under Section 51 of the Act shall specify an address where the respondent can communicate with the petitioner by post, and shall state that, if the respondent intends to comply with the decree, she should inform him accordingly, and that the petitioner will then return to the matrimonial home.

Where the Court has made a decree on the petition of a wife, the petitioner shall, as soon as practicable after the making of the decree, give to the respondent a notice specifying an address where the respondent can communicate with the petitioner by post, and stating that, if the respondent intends to comply with the decree, he should inform her of the manner in which he intends to comply with the decree.

(1) A notice under Section 51 of the Act or under Section 260 that has been served on the respondent remains in force until it is cancelled by a written notice served on the respondent.

(2) At any time while a notice under Section 51 of the Act or under Section 260 is in force, a petitioner may serve on the respondent a notice cancelling the notice, and shall do so if–

(a) the home, the address of which is specified in the notice, ceases to be the home to which the respondent is to return to the petitioner; or

(b) the address specified in the notice as the address where the respondent may communicate with the petitioner by post ceases to be an appropriate address for that purpose.

(3) Where a petitioner specifies, in a notice under Section 51 of the Act, the date on which a specified home will cease to be the home to which the respondent is to return to the petitioner for the purpose of complying with a decree, Subsection (2) shall not be taken to require the petitioner to cancel the notice on its ceasing, on that date, to be the home to which the respondent is to return for that purpose.

(4) Where, within a period of 12 months after service of a copy of a decree is effected on the respondent under Section 258, the petitioner cancels a notice under Section 51 of the Act or under Section 260, the petitioner shall serve on the respondent, at the same time, a further notice under that section.

(5) The further notice under Subsection (4) may be included in the notice cancelling the previous notice, or may be a separate notice.

A notice under Section 51 of the Act or under Section 260 or 261 shall be served on the respondent in a manner referred to in Section 57(a) or (b).

(a) the respondent, being the wife, named in a decree informs the petitioner of her intention to return home to him and of the date on and after which she will be ready to return; and

(b) the usual place of residence of the respondent at that date is more than 32km from the home to which the respondent is to return; and

the petitioner shall pay to the respondent, in advance, a reasonable sum of money for her expenses of returning home to the petitioner.

(2) Where a petitioner has paid moneys to his wife under Subsection (1) and the wife fails to comply with the decree within a reasonable time after the payment of the moneys, the moneys are a debt due and payable by the wife to the petitioner.

(1) At the request of a party to an application to the Registrar, the Registrar may summon a person to attend before him at a time and place specified in the summons and then and there to give evidence and to produce any books or documents in his custody or control that he is required by the summons to produce.

(3) Service of a summons under Subsection (1) shall be effected on a person by serving a copy of the summons on him in the manner referred to in Section 57(a), and by showing the summons to him at the time when service of the copy is effected on him.

(4) A person who has been summoned to attend before the Registrar as a witness shall appear and report himself at the time and place specified in the summons and then from day to day, unless excused by the Registrar.

(1) If a person who has been summoned to attend before the Registrar fails to attend before the Registrar as required by Section 264(4), the Registrar, on being satisfied that the summons has been duly served and that reasonable expenses have been paid or tendered to the person, may bring the failure to the notice of a Judge who, if he thinks fit, may, without any application being made to him, issue a warrant under his hand for the arrest of the person.

(2) A warrant under Subsection (1) authorizes the arrest of the person concerned and his being brought before the Registrar, and his detention in custody for that purpose until he is released by order of the Court or the Registrar.

(3) A warrant under Subsection (1) may be executed by a member of the Police Force, by the Sheriff or an officer of the Sheriff or by any person to whom it is addressed, and the person executing it may break and enter any place, building or vessel for the purpose of executing the warrant.

(4) The arrest of a person under this section does not relieve him from any liability incurred by him by reason of his failure to attend before the Registrar.

(1) A person who, in obedience to a summons, attends as a witness before the Registrar is entitled to be paid witness’ fees and travelling allowances according to the scale of fees and allowances payable to witnesses in the Court or, in special circumstances, such fees and allowances as the Registrar directs (less any amount previously paid to him for his expenses of attendance).

(2) The fees and allowances are payable by the person at whose request the witness was summoned.

The Registrar may administer an oath to a person appearing as a witness before him, whether the witness has been summoned or appears without being summoned, and the witness may be examined on oath.

(1) If a person appearing before the Registrar as a witness refuses to answer, or fails to answer to the satisfaction of the Registrar, any question that the Registrar puts, or allows to be put, to him, the Registrar may report the refusal in a summary way to the Court, and on the report being made to the Court the person may be dealt with by the Court as if the question had been put to the person by it and the person had refused to answer the question or had made to it the answer to the question that he had made to the Registrar, as the case may be.

(2) A report of the Registrar under Subsection (1) shall be in writing, in Form 61, and shall state the question put to the witness and the answer (if any) to the question made by the witness, and may refer to any other evidence before the Registrar.

(3) Where the Registrar decides to report to the Court the refusal or failure of a witness to answer a question, the Registrar shall inform the witness, before the conclusion of his examination, of the day on which, and time and place at which, the report of the Registrar will be made to the Court.

(1) At the hearing of an application made under these Rules to the Registrar, the parties to the application are each entitled to be represented by a lawyer.

(2) A lawyer appearing before the Registrar on behalf of a party may examine or cross-examine witnesses, and may address the Registrar.

(1) In the performance of his duties in connection with the hearing and determination of an application to him under these Rules, the Registrar has the same protection and immunity as a Judge.

(2) A lawyer appearing before the Registrar has the same protection and immunity as a lawyer has in appearing for a party in proceedings in the Court.

(3) Where a party who is not represented by a lawyer appears before the Registrar, the party has the same protection and immunity as a party to proceedings in the Court has in appearing before the Court when not so represented.

(4) A witness summoned to attend or appearing before the Registrar has the same protection as a witness in proceedings in the Court.

(1) If, before or after the Registrar has given his decision on an application made to him under these Rules, a matter arises that the Registrar and a party to the application wish to have determined by the Court, the Registrar shall–

(2) Where a matter is referred to the Court under Subsection (1), the Registrar may give directions with respect to the giving of notice of the day on which, and time and place at which, the matter will be heard by the Court to the parties to the application who have an address for service for the purpose of the proceedings to which the application relates, and the parties shall comply with any such directions.

(3) Where a matter referred to the Court under Subsection (1) is heard and determined by the Court, the Court may dispose of the matter or refer it back to the Registrar with such directions as it thinks proper.

(1) Where the Registrar hears and determines an application made to him under these Rules, a party to the application who is aggrieved by the decision of the Registrar may, within 10 days after the decision is given, file a request in Form 62 for a review of the decision by the Court.

(2) A party to an application who files a request under Subsection (1) shall, unless the application was made to the Registrar ex parte, cause service of a notice of hearing, in Form 63, to be effected, as soon as practicable after the request is filed, on each other party to the application who has an address for service.

(3) The review by the Court of a decision of the Registrar shall be by way of re-hearing, and the Court may, in its discretion, permit evidence other than evidence that was before the Registrar to be given on the re-hearing.

(4) On the review of a decision of the Registrar, the Court may affirm, reverse or vary the decision, and may make such order as, in the opinion of the Court, ought to be made in all the circumstances.

(1) In these Rules, a reference to the seal of the Court shall be read as a reference to the seal used by the Court in the exercise of its matrimonial causes jurisdiction.

(2) Where the Registrar has in his custody a stamp the design of which is, as nearly as practicable, the same as the design of the seal of the Court, a document or copy of a document required, for the purpose of any proceedings, to be sealed with the seal of the Court, may be marked with the stamp.

(3) A document or copy of a document marked with a stamp referred to in Subsection (2) is as valid and effectual as if it had been sealed with the seal of the Court.

(4) All courts exercising jurisdiction under the Act shall take judicial notice of the mark of a stamp referred to in Subsection (2) affixed on a document or copy of a document relating to proceedings and shall presume, in the absence of proof to the contrary, that it was affixed by proper authority.

(1) Where a person requires a sealed document or a sealed copy of a document for the purpose of any proceedings, he may prepare the document or a copy of the document and present it for sealing to the Registrar.

(2) If it appears that a document presented under Subsection (1) is in proper form, or that the copy is a true copy of the document, as the case may be, and that the person presenting it for sealing does require the document or copy to be sealed for the purpose of proceedings, the Registrar shall cause it to be sealed with the seal of the Court.

The Registrar shall cause the date of filing to be written on each pleading or other document that is filed.

Proper indexes to the files or bundles of documents filed in an office of the Court shall be kept so that they may conveniently be referred to when required.

(2) At each office of the Court a record, to be called the Divorce Proceedings Book, shall be kept of all matrimonial causes instituted at that office.

(b) a matrimonial cause instituted after the commencement date in relation to a matrimonial cause instituted before that date.

(4) The Divorce Proceedings Book shall show, in relation to each suit, the date on which–

(b) an application is made to the Court or to the Registrar in relation to the suit; and

(c) a decree or order is made on the determination of the suit, of any proceedings included in the suit or of such an application.

A document filed in the office of the Court is a record of the Court and shall not, without the permission of a Judge, be removed from the office of the Court except for use by the Court, a Judge or an officer of the Court.

(1) Subject to these Rules, a party to any proceedings, the Attorney-General and, in special circumstances, a person who satisfies the Registrar that he has good reason for doing so or obtains the permission of a Judge to do so may, on furnishing to the Registrar sufficient particulars and (with the exception of the Attorney-General) after paying the appropriate fee, cause a search to be made for an entry in the Divorce Proceedings Book or for a document that has been or might have been filed for the purpose of any proceedings, and to receive a certificate of the result of the search.

(2) Subject to these Rules, a person who has, under this section, caused a search to be made for an entry in the Divorce Proceedings Book is entitled to inspect any document filed for the purpose of any proceedings to which the entry relates, and a person who has caused a search to be made for a document is entitled, if the document has been filed, to inspect the document.

(3) In this section, a reference to the Attorney-General shall be read as including a reference to a person to whom he has, by a delegation under Section 67 of the Act that is in force, delegated any of his powers and functions under Part VI. of the Act.

The fees specified in Schedule 2 are payable in respect to the matters in relation to which they are specified.

Subject to this Part, a pleading, application or other document shall not be filed, issued or otherwise dealt with, and any other thing shall not be done, in the Court or by an officer of the Court unless the fee (if any) payable on or in respect of filing, sealing, issuing or otherwise dealing with the pleading, application or document, or on or in respect of the doing of the matter or thing, has been paid, or an undertaking to pay the fee has been given to the Court or to the officer, as the case may be.

The proper officer of the Court shall, immediately on the payment of a fee on or in respect of a document, or in respect of filing, issuing, sealing or otherwise dealing with a document, mark on the document the amount of the fee paid and the date of payment.

If a question arises as to which (if any) of the prescribed fees is applicable in a particular case, the question shall be determined by the Registrar, but a person affected by the determination of the Registrar may have the decision reviewed in accordance with Section 272.

In a particular case and for special reasons, the Court or the Registrar may direct–

(a) that a fee shall not be taken, or that part only of a fee shall be taken, or, if taken, that the whole or a part of the fee be remitted; or

(b) that the payment of the whole or a part of a fee be postponed until such time, and on such conditions (if any) as the Court or Registrar thinks proper.

In this Part, a reference to proceedings shall be read as including a reference to a step in proceedings.

Subject to these Rules, non-compliance with these Rules does not make any proceedings void unless the Court so directs, but the proceedings may be set aside, wholly or in part, as irregular, or may be amended or otherwise dealt with in such manner and on such terms as the Court thinks proper.

(a) the Court may, at any time, on such terms as it thinks proper, relieve a party from the consequences of non-compliance with these Rules, or with an order made by the Court or the Registrar; and

(b) the Registrar may, at any time, on such terms as he thinks proper, relieve a party to an application to the Registrar from the consequences of non-compliance with these Rules in relation to the application, or with an order made by the Registrar in relation to the application.

(1) An application to set aside any proceedings for irregularity shall not be allowed–

(b) if the party making the application has taken a relevant step after knowledge of the irregularity.

(2) Nothing in Subsection (1) prevents the Court from exercising, of its own motion, any of the powers conferred on it by Section 286 or 287.

(3) Where application is made to set aside any proceedings for irregularity, the objections intended to be relied on shall be stated in the application.

(b) proceedings for a decree of nullity of a void marriage instituted by a person who is not a party to the marriage; and

(c) proceedings for a declaration or order of a kind referred to in Paragraph (b) of the definition “matrimonial cause” in Section 1(1) of the Act; and

(d) proceedings that constitute a matrimonial cause and relate to any proceedings referred to in Paragraph (a), (b) or (c),

and, to the extent and in the manner provided in this Part but not otherwise, these Rules, other than this Part, apply to and in relation to any such proceedings.

(a) a party to a marriage institutes, by petition, proceedings for a decree of dissolution of marriage, nullity of marriage, judicial separation or restitution of conjugal rights, and also institutes, by the same petition, proceedings for a declaration or order of a kind referred to in Paragraph (b) of the definition “matrimonial cause” in Section 1(1) of the Act; and

(b) no persons other than the parties to the marriage are parties to the last-mentioned proceedings,

these Rules, other than this Part, apply in addition to this Part to and in relation to the last-mentioned proceedings and to any other proceedings that constitute a matrimonial cause and relate to them.

(a) the dates on which, and the times and places at which, the respondent is alleged to have boasted and asserted that a marriage had taken place between the petitioner and the respondent; and

(2) A petition for a decree of jactitation of marriage shall state that the petitioner is not married to the respondent and that the petitioner has not acquiesced in the alleged boastings and assertions.

(a) proceedings for a decree of nullity of a void marriage instituted by a person who is not a party to the marriage; or

(b) proceedings for a declaration or order of a kind referred to in Paragraph (b) of the definition “matrimonial cause” in Section 1(1) of the Act.

(1) A petition instituting proceedings to which this Division applies shall be in Form 65.

(2) Subject to Subsection (3) and to any order made by the Court in a particular case, a petitioner instituting proceedings to which this Division applies shall make each other person affected by the proceedings a respondent to the proceedings.

(3) Where persons included in a class of persons are affected by proceedings to which this Division applies, and the Court is satisfied that it is expedient by reason of the difficulty in ascertaining the persons who are included in that class of persons or for the purpose of saving expense, the Court may, by order, appoint a person or persons included in that class of persons to represent all the persons included in the class.

(4) An order under Subsection (3) may be made on the trial of the proceedings to which the order relates.

(1) A petition instituting proceedings of a kind referred to in Section 292(a) shall comply with such of the provisions of Divisions V.1 and V.3 as are applicable to petitions for a decree of nullity of a void marriage and to the circumstances of the particular case.

(2) A petition for a declaration or order of a kind referred to in Paragraph (b) of the definition “matrimonial cause” in Section 1(1) of the Act shall–

(b) set out, in as concise a form as the nature of the case allows, the facts, but not the evidence by which the facts are to be proved, on which the Court will be asked to make the declaration or order.

(1) Subject to this Part, these Rules apply, as far as practicable and with the necessary modifications, to and in relation to proceedings to which this Division applies in like manner as they apply to proceedings for a decree of a kind referred to in Paragraph (a) of the definition “matrimonial cause” in Section 1(1) of the Act.

(2) The provisions of these Rules that apply to and in relation to proceedings of a kind referred to in Paragraph (c) or (d) of the definition “matrimonial cause” in Section 1(1) of the Act that relate to proceedings of a kind referred to in Paragraph (a) of that definition apply, as far as practicable and with the necessary modifications, to and in relation to proceedings of a kind referred to in Paragraph (c) or (d) of that definition that relate to proceedings to which this Division applies.

These Rules do not prevent the Court or the Registrar, as the case may be, from making with the consent of the parties to any proceedings and in accordance with the practice of the Court, an order (not including an order of a kind referred to in Paragraph (a) or (b) of the definition “matrimonial cause” in Section 1(1) of the Act) determining the proceedings or relating to the proceedings.

(1) Where the Court is satisfied that a party who has instituted proceedings for an order under Section 93 of the Act would be seriously prejudiced if the hearing and determination of the proceedings were delayed until after service of the petition or application instituting the proceedings had been effected on another party to the proceedings, the Court may hear and determine the proceedings or make such order in relation to the proceedings as it thinks proper, notwithstanding that any party has not been served with the petition or application.

(2) Where the Court has made an order under Subsection (1), whether or not it determines the proceedings, a person who is affected by the order and who had not been served with the petition or application instituting the proceedings may make application to the Court to set aside or vary the order.

(1) On application made by a party to any proceedings, or by a person entitled to intervene in any proceedings under Section 33(2) of the Act or under these Rules, the Court or the Registrar may extend the time limited by these Rules, or fixed by an order made by the Court or the Registrar, for doing an act or taking a step in any proceedings.

(2) Application under Subsection (1) may be made whether or not the time limited for the doing of the act or the taking of the step has expired.

(3) Subject to Subsection (4), an extension of time may be granted under Subsection (1) on such conditions as the Court or Registrar thinks proper.

(4) Unless the Court otherwise orders, the costs of an application under Subsection (1) shall be borne by the applicant.

(5) An application under Subsection (1) may be made orally to the Court on the trial of proceedings by the Court, or to the Registrar on the hearing of an application by the Registrar.

(6) The time limited for doing an act or taking a step in proceedings may be extended by consent, in writing, without application to the Court or Registrar.

(1) A pleading, application, affidavit, deposition, certificate, decree, notice or other document required or allowed by these Rules to be filed or delivered to or served on a person for use in or in connection with proceedings shall, unless the nature of the document renders it in any respect impracticable or these Rules otherwise provide–

(a) be legibly and clearly typewritten or printed, without blotting, erasure or such alterations as cause material disfigurement; and

(d) be on one side only of the paper with a quarter margin on the left hand side of each sheet; and

(iii) the name, address and telephone number of the lawyer (if any) filing, delivering or serving the document or, if the person on whose behalf the document is filed, delivered or served is not represented by a lawyer, the name, address for service and telephone number (if any) of that person.

(2) A typewritten copy of a document to which Subsection (1) applies shall not be filed unless it is a first black ink copy.

(1) Where, on an ex parte application, an order is made by the Court or Registrar against, or affecting the rights of, a person, the person may request, in writing, the applicant or his lawyer to furnish him with a copy of each affidavit filed in support of the application.

(2) On receipt of a request under Subsection (1) and on payment of the proper charges, the party who made the application shall furnish a copy of each affidavit filed in support of the application to the person who made the request.

(1) A party to any proceedings who is represented in the proceedings by a lawyer may change his lawyer without an order for the purpose on filing notice of the change and serving a copy of the notice on each other party to the proceedings who has an address for service for the purpose of the proceedings, and on his former lawyer.

(2) Until a notice is filed and copies are served in accordance with Subsection (1), the former lawyer shall be considered lawyer of the party.

(3) A notice under Subsection (1) shall be signed by the new lawyer for the party, and shall state his place of business, and the address for service of the party for the purpose of the proceedings.

(4) The address stated as the party’s address for service shall be not more than 8km from the office of the Court in which the notice is filed, and, subject to that requirement, may be the address of the new lawyer for the party or of a lawyer acting as the agent of that lawyer.

(1) Where a party to any proceedings who is not represented by a lawyer appoints a lawyer to represent him in the proceedings, the party may, personally or by his lawyer, give notice of the appointment.

(2) The provisions of Section 301 relating to a notice of change of lawyer, to service of such a notice and to the stating of an address for service in such a notice apply, with the necessary modifications, in the case of notice of appointment of a lawyer.

(1) Where a party to any proceedings who is represented by a lawyer intends to act in person in the proceedings, the party may give notice as to his intention to act in person.

(a) the address for service of a party to proceedings is the address of a lawyer who has represented, but is no longer representing, the party in the proceedings; and

(b) the lawyer has served on the party a notice in Form 66 signed by him personally, and a period of not less than seven days has elapsed after service of the notice; and

(c) the party has not, since the lawyer ceased, or last ceased, to represent him in the proceedings, filed a notice under Section 301 or 303,

the lawyer may file a notice in Form 67 of his having ceased to represent the party.

(2) Where a lawyer who has represented a party files a notice under Subsection (1), he shall, on the day on which the notice is filed or on the next following day, cause a copy of the notice to be served on each other party who has an address for service.

(3) Where a lawyer who has represented a party in any proceedings has duly complied with Subsection (1), the party may give notice, in accordance with these Rules, that he is represented by a lawyer or that he intends to act in person and, in default of his doing so, shall be deemed not to have an address for service for the purpose of the proceedings.

A lawyer shall not represent any two or more parties having adverse interests in the proceedings.

(1) The Court may, at the trial of a matrimonial cause or an application to the Court, whether or not objection is taken, direct–

(a) any costs which have been improperly, unnecessarily or negligently incurred to be disallowed; or

(b) the Registrar to examine the costs incurred, and to disallow such costs as he finds to have been improperly, unreasonably or negligently incurred.

(2) A party whose costs are disallowed under Subsection (1) shall pay to the other parties the costs incurred by them in relation to the matter in respect of which his costs have been disallowed.

Form 7 – Petition for Decree of Dissolution of Marriage, Nullity of Marriage or Judicial Separation.

Form 52 – Notice of Hearing of Maintenance Proceedings referred to the Court.

Form 57 – Notice of Attachment of Earnings Order having Ceased to have Effect.

Form 61 – Report of Registrar where Witness fails to answer Question Satisfactorily.

Form 66 – Notice of Intention to give Notice to Court that Lawyer has Ceased to Represent Party.

Item.	Matters.	Court fee.
		K
1.	Filing an application under Section 31 of the Act for leave to institute proceedings	6.00
2.	Filing a petition or supplementary petition	12.00
3.	Sealing a notice of petition or notice of proceedings in place of a lost notice	2.00
4.	Sealing a concurrent notice of petition or notice of proceedings	2.00
5 5 .	Extending the time for serving a notice of petition or notice of proceedings	2.00
6.	Filing an answer or supplementary answer by which the respondent to a petition institutes proceedings of a kind referred to in Paragraph (a) or (b) of the definition matrimonial cause” in Section 1(1) of the Act	10.00
7.	Filing any other answer or supplementary answer	6.00
8.	Filing a reply by a party cited or by a person named in an answer	6.00
9.	Amending a pleading by virtue of Section 89(1)(a) of the Rules	4.00
10.	Filing a notice of address for service	2.00
11.	Filing a notice of change of address for service	2.00
12.	Filing a request, under Section 170 of the Rules, to set an undefended suit down for trial	10.00
13.	Filing a request, under Section 172 of the Rules, to set a defended suit down for trial	15.00
14.	Issuing a certificate that a decree has become absolute	2.00
15.	Filing an application under Schedule 2 to the Act	2.00
16.	Filing an application to the Court, other than an application referred to in Item 1 or 15	4.00
17.	Filing an application for a certificate of means, not being an application filed as a result of the Registrar being unable to make an assessment until the certificate has been issued	4.00
18.	Filing any other application to the Registrar	2.00
19.	Filing a request for assessment of maintenance pending suit	4.00
20.	Filing a request to refer proceedings for ancillary relief, other than proceedings instituted by the filing of an application to the Court under Section 196 or 208 of the Rules	4.00
21.	Filing a request to refer maintenance proceedings to the Court under Section 199 of the Rules	4.00
22.	Stating, at the request of a party, a matter for the opinion of the Court under Section 271 of the Rules	4.00
23.	Filing a request for review of the Registrar’s decision	4.00
24.	Filing a consent order, other than a consent order determining proceedings instituted by application to the Court or determining an application made to the Registrar	2.00
25.	Furnishing a copy of the report of a medical inspector–
	(a) or a photographic copy, per sheet	0.50
	(b) or any other copy–
	(i) if the report comprises less than eight folios	0.50
	(ii) if the report comprises eight or more folios, per folio	0.25
26.	Filing notice of intervention by a person other than the Principal Legal Adviser or a delegate of the Principal Legal Adviser	6.00.

Papua New Guinea Consolidated Legislation

Matrimonial Causes Rules