Petitioners arguing the Supreme Court reference on the 2013 Constitution have been directed to submit either their full legal submissions or a summary ahead of other parties.
The direction follows concerns raised by National Federation Party (NFP) intervener and Munro Leys lawyer Jon Apted, who argued that simultaneous filings from all interveners could lead to confusion.
“There is a risk, if we are directed all to file submissions at the same time, of a cacophony of different submissions,” Mr Apted said.
“Just as in normal litigation, the plaintiff starts first, we would ask that the petitioners either file their submissions first or provide us with a summary of what they will submit, so that we know in advance.”
Mr Apted said this approach would help frame the legal debate and avoid duplication or divergence between parties.
“This is seeking an opinion… where there is really no fight, but interveners assist the court in making its opinion,” he said.
“Where people differ, it will allow them to focus on where the difference is.”
However, SODELPA’s legal representative Jolame Uludole disagreed, saying a diversity of perspectives should be welcomed.
“I think whatever directions that each intervener has on their position, that should be encouraged so that the court can look at it from different directions,” Mr Uludole said.
In response, Mr Apted acknowledged the value of differing views but maintained that identifying areas of agreement could streamline the process.
“In theory, it is possible for an intervener to agree with the position of the petitioner, which would save a lot of time, a lot of reading,” Mr Apted argued.
The State raised no objection to Mr Apted’s proposal but stressed the need to adhere to the court’s timeline.
Deputy Solicitor-General Eliesa Tuiloma also requested an extension of 28 days to prepare submissions. The request was ultimately denied.
Appellate Court President Justice Isikeli Mataitoga directed all interveners to comply with the set schedule.
“We’ve given you enough time to make sure that it’s provided,” said Justice Mataitoga.
“Make sure that it’s prepared and served. It makes it much easier.”
