New petition rules come into effect immediately

By DEMAS TIEN
Respondents in an election petition are now required to obtain a copy of the petition themselves, according to one of the new rules on election petitions.
Rule 10 states that it is the respondent’s obligation to obtain a copy of the petition from the registrar.
This was outlined in a judges’ workshop on new rules on petitions in Port Moresby yesterday.
Judges around the country attended to familiarise themselves with the 2017 version of the rules
which will govern petitions from now on.
Justice David Cannings, when doing a presentation on the new rules, said that it provided a form for petitioners to use to file a petition, which made it easier for them and their lawyers.
The new election petition rules were drafted by judges.
Justice Cannings said Rule 8 was new and significant where it stated that a petition should be served on the respondents within 14 days after the date of filing, or within such further period as the court determined on applications made within the 14 days.
Justice Cummings said the new rule provided under Rule 11 that within 14 days after service of the petition, a respondent must file a notice to appear in accordance with Form 3 at the place where the petition was filed and serve a copy to
the petitioner and every respondent named.
He said the new rules provided a special form (Form 4) where a respondent would use to file his objection to competency of the petition, and it must be filed within 21 days after the petition was served.
Judge administrator for election petition cases, Justice Colin Makail, said there were 105 petitions filed after the 2012 general election, and about half of them objected their competency.
An experience lawyer in election petition cases, Christine Copland, also gave a presentation on behalf of the lawyers, saying one of the challenges found in the previous election petitions was the access to the Common Roll and the official tally sheets after the elections.
Copland said previous petitions she dealt with were filed based on electronic tally because the manual tally, which was the official one signed by returning officers, was not made available by the electoral commission until the trial.