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About Common Law Division

Posted in Common Law Division

All civil cases registered in the registry in Waigani are classed into two main divisions. They are Common Law and Equity Divisions. In these two divisions are all the tracks of different types. Equity division has the following tracks – Judicial Review and Appeals, Commercial, Human Rights, Alternative Dispute Resolution (ADR) which includes Mediation, Election Petition, and Tribunal.

Common Law Division contains all the claims based on Tort, Contract, Negligence and other causes of action founded on common law principles of law as well as those founded under certain statutory laws of this country. For instance, cases relating to adoption, dissolution of marriage, wills probate and administration would come under common law division of the registry.

All these cases are allocated to three sections which we identify them as tracks - we call them Civil Court Track 1, 2 and 3.

All cases registered which fall under the Common Law division are allocated to the three tracks in a equitable matter so that one court does not have too much or there is no show of preference by parties or lawyers as to which track the matter is allocated to.

This then enables circuit Judges to deal with about the same number of cases in each of the three tracks.

Hopefully, as the work in the provincial registries expand, the same can be done – that is   allocating cases into tracks and perhaps, the two divisions as has been done here.

We have three Assistant Registrars overseeing the civil registry. They are as follows:

Common Law Division:   Mr. Baka Bina
Equity Division:   Mr. David Gonol
ADR /Mediation:   Ms. Kari Boga-Rea

 

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