Alexander Macdonald – JEMA LAWYERS

Miran Ai, LLB

Miran is a litigation lawyer with the Firm. In 1996, she was admitted to the bar of the Supreme and National Court of Papua New Guinea. Since then she has been practising as a litigation lawyer in the Supreme and National Courts as well as the other lower Courts such as the District Court, Provincial Land Court and Local Land Court.

Miran is experienced in both civil and commercial litigation in the areas of administrative law, land law, wills, probate & administration law, family law matters such as adoption, divorce and IPO applications, company law, employment law, law of torts, energy law, property law, and law of contract. She also practises in criminal litigation.

Apart from litigation, Miran also engages in general advising on agreements, leases, company constitutions, employment issues including will drafting. She also has experience in conveyance, intellectual property law and property law such as application of subdivision and consolidation of land.

Prior to joining the firm, Miran was employed as a senior lawyer with Albatross Lawyers for 2 years. From June 2016 to December 2018, Miran was employed by Posman Kua Aisi Lawyers as a lawyer and she eventually made partner in 2013. Miran also practises in other forms of dispute resolution such as mediation & co-mediation work with accredited mediators.

Alexander Macdonald

Alexander (Sandy) is a consultant with the firm. He started working with the Firm in January 2017 on a consultancy basis after leaving PosmanKuaAisi Lawyers. He has over 30 years’ experience in Commercial and Civil Litigation Law.

Nentipa Juki, LLB

Nentipa is a lawyer with the Firm. In 2019, he was admitted to the bar of the Supreme and National Court of Papua New Guinea. Since then he was employed with Ok Tedi Miniing Limited as a contract administrator, which involves drafting contracts, interpreting contractual clauses, legal researching, general advising and negotiating terms with contractors.

Since joining the Firm, he has under the immediate supervision of McRonald Nale and Miran Ai, been involved in researching, drafting and advising clients in the areas of law of torts, law of contract, constitutional law and general advising.

Solomon Tongela, LLB

Solomon is a lawyer with the Firm. In 2019, he was admitted to the bar of the Supreme and National Court of Papua New Guinea. Since then he has, under the immediate supervision of McRonald Nale and Miran Ai, been involved in researching, drafting and advising clients in the areas of law of torts, law of contract, constitutional law and general advising.

Everlyn Gabriella Sahamie, LLB

Everlyn is a litigation lawyer with the Firm. In 2018, she was admitted to the bar of the Supreme and National Court of Papua New Guinea. Since then she has been practising as a litigation lawyer in the National Court and the District Court.

Everlyn is experienced in both civil and commercial litigation in the areas of wills, probate & administration law, land law, company law, mining and petroleum law, and law of contract. Apart from litigation, she also engages in general commercial advising.

Leontine Ivano, LLB

Leontine is a litigation lawyer with the Firm. In 2018, she was admitted to the bar of the Supreme and National Court of Papua New Guinea. Since then she has been practising as a litigation lawyer in the Supreme and National Courts as well as the District Court.

Leontine is experienced in both civil and commercial litigation in the areas of administrative law, land law, company law, law of contract and Supreme Court references. Apart from litigation, she also engages in general commercial advising.

Luwi Dos, LLB

Luwi is a litigation lawyer with the Firm. In 2018, he was admitted to the bar of the Supreme and National Court of Papua New Guinea. Since then he has been practising as a litigation lawyer in the Supreme and National Courts as well as the other lower Courts such as the District Court, Provincial Land Court and Local Land Court.

Luwi is experienced in both civil and commercial litigation in the areas of administrative law, land law, company law, human rights law, law of torts, energy law especially on mining and petroleum, and law of contracts. He also practises in criminal litigation.

Simon Dewe, LLB

Simon is a litigation lawyer with the Firm. In 2017, he was admitted to the bar of the Supreme and National Court of Papua New Guinea. Since then he has been practising as a litigation lawyer in the Supreme and National Courts as well as the District Court.

Simon is experienced in both civil and commercial litigation in the areas of administrative law, land law, company law, law of tort, law of contract and Supreme Court references. He also practises in criminal litigation.

Abraham Serowa, LLB

Abraham is a litigation lawyer with the Firm. In 2017, he was admitted to the bar of the Supreme and National Court of Papua New Guinea. Since then he has been practising as a litigation lawyer in the Supreme and National Courts as well as the other lower Courts such as the District Court, Provincial Land Court and Local Land Court.

Abraham is experienced in both civil and commercial litigation in the areas of administrative law, family law, land law, human rights law, company law, tort law, energy law particularly mining and petroleum, property law, and contract law and Supreme Court references. He also practises in criminal litigation.

Apart from litigation, Abraham also engages in commercial advising in the areas of Energy Law particularly Mining and Petroleum.

Renee Jasmine Siaguru, LLB

Renee is a litigation lawyer with the Firm. In 2016, she was admitted to the bar of the Supreme and National Court of Papua New Guinea. Since then she has been practising as a litigation lawyer in the Supreme and National Courts as well as the as the District Court.

Renee is experienced in both civil and commercial litigation in the areas of administrative law, wills, probate & administration law, company law, property law, and law of contract. She also practises in criminal litigation.

Apart from litigation, Renee also engages in commercial advising.

Prior to joining the firm, Renee was employed by Spot Check Legal Services. She was also employed by Allens Linklaters from 2017 to 2019.

Beryl Kumo, LLB

Beryl is a litigation lawyer with the Firm. In 2013, she was admitted to the bar of the Supreme and National Court of Papua New Guinea. Since then she has been practising as a litigation lawyer in the Supreme and National Courts as well as the other lower Courts such as the District Court, Provincial Land Court and Local Land Court.

Beryl is experienced in both civil and commercial litigation in the areas of administrative law, land law, wills, probate & administration law, company law, law of torts, energy law particularly mining and petroleum, property law, and law of contract. She also practises in criminal litigation.

Apart from litigation, Beryl also engages in commercial advising in the areas of energy law particularly mining and petroleum. She also has experience in drafting contracts such as assets transfer, sale of land, profit-sharing contract etc. Beryl also has experience in conveyance. Prior to joining the firm; Beryl was with Mirupasi for 3 years and joined Heduru Moni Plus Limited as their in house counsel.

McRonald Nale

McRonald Nale

McRonald is the Principal of the Firm.

He holds a Bachelor of Laws degree with Honours from the University of Papua New Guinea. He has been practising as a commercial and litigation lawyer since his admission in 2008, to the Bar of the Supreme and National Courts of Papua New Guinea.

He has a wide experience in general civil and commercial litigation. Amongst other things, he has assisted overseas based Southern Counsel on constitutional matters in the Supreme Court.

He practises in other forms of dispute resolution such as mediation and arbitration, and has handled cases involving industrial disputes.

His experience are in areas including Administrative Law, Law on Banking and Insolvency, Constitutional Law, Company Law, Contract Law, Criminal Law, Energy and Resources Law particularly Mining, Petroleum, Oil and Gas, Property Law, and Tort Law.

He also has an extensive experience in criminal litigation.

He has also been involved in other law practise related proceedings such as Commission of Inquiry and Leadership Tribunal.

McRonald started his career with Posman Kua Aisi as a litigation lawyer having practiced under Mr. Kerenga Kua for over 4 years before joining Jema lawyers. McRonald has been with the firm since its establishment in 2012.

Torts (Personal Injury Claims)

“Torts” are simply personal injuries caused by civil (as opposed to criminal) wrongs. This generally means that the wrong was unintended, but tort lawsuits can include everything from car accident injuries to injuries stemming from assaults, the invasion of privacy, wrongful death, and many others.[1] A tort claim is a lawsuit filed to claim compensation for the injuries someone has suffered in an accident. There are four basic elements to tort; duty of care, breach of duty of care, causation and injury. A tort claim is a claim for damages which is the monetary award (compensation) that will indemnify you for the harm that the accident has caused. Essentially, a tort claim lets you safeguard your standard of living and your future. You should not have to suffer the consequences of someone else’s negligence without being properly compensated.[2]

[1] https://www.kplctv.com/2019/03/20/legal-corner-whats-difference-between-succession-an-estate-plan/

[2] https://libraryguides.vu.edu.au/law/succession-law

[1] injury.findlaw.com › torts-and-personal-injuries Date accessed 21.10.20 at 3:50pm.

[2] https://pacelawfirm.com/tort-claim-what-it-means-and-why-its-your-gateway-to-personal-injury-justice/

Succession (Trusts & Estates)

Succession is the transmission of the estate of the deceased to his/her successors. The successors thus have the right to take possession of the estate of the deceased after complying with applicable provisions of law.[1] Succession Law is the transmission or redistribution of the property of a deceased estate on the death of its owner to the person or persons entitled, either by will or by operation of law. This type of law is concerned with the legal consequences flowing from death on the deceased person’s property, both real and personal, whether the deceased died testate (having made a will) or intestate (not having made a valid will). Basically it is the rules and principles relating to wills and the procedures for redistribution of the deceased’s property.[2] The aim of succession law is to preserve the value of an individual’s wealth (whether owned personally or via other means such as super funds, companies or family trusts) and ensure it continues to benefit intended beneficiaries into the future.

Real Estate & Finance

Real estate finance law is an area of the law that is heavily influenced by the market. As a result, it is always changing. It covers such topics as the mortgage market, real estate financing devices, foreclosure, subrogation [1], due-on-sale clauses, finance forms, construction. The law of real estate finance also encompasses government intervention in the mortgage market, financing condominiums and cooperatives, securitization of commercial real estate, leasehold and leaseback financing, refinancing, bankruptcy, and lender liability. [2] Usually, in a real estate finance transaction, a lender or lenders will lend money to a borrower to enable it to do one or more of these; apply that money towards buying a new or existing property or development, apply that money towards the cost of developing a property or properties, invest that money in its property business generally and use that money to refinance any of the above.[3]

[1] Subrogation is the process of substituting one creditor with a different one. The substitute creditor, or “subrogee”, is granted all the rights of recovery against the debtor that the original party had. The debtor must render payments to the subrogee instead of the original creditor. The person who pays the mortgage when the original debtor failsto pay can obtain all the rights under the doctrine of subrogation.

[2] https://www.legalmatch.com/law-library/article/real-estate-finance-law.html

[3] https://uk.practicallaw.thomsonreuters.com/7-501-4017?transitionType=Default&contextData=(sc.Default)&firstPage=true

Petroleum Law

Petroleum Law governs the exploration and production of petroleum onshore and offshore Papua New Guinea. “Petroleum” is defined in the law as “any petroleum fluid, whether liquid or gaseous, and includes oil, natural gas, natural gasoline, condensates and related fluid hydrocarbons, and also asphalt and other solid petroleum hydrocarbons when dissolved in and producible with fluid petroleum”. Petroleum resources are the property of the State, whether or not located on state lands. No person is allowed to explore for or produce petroleum without receiving a petroleum right under the Law. [1]

[1] http://www.energy-sea.gov.il/English-Site/Pages/Regulation/The-Petroleum-Law–Regulations.aspx

Mining Law

Mining law is the branch of law relating to the legal requirements affecting minerals and mining. Mining law covers several basic topics, including the ownership of the mineral resource and who can work with them. Mining is also effected by various regulations regarding the health and safety of miners, as well as the environmental impact of mining.[1] An aspect of property law that is central to mining law is the question of who “owns” the mineral, such that they may legally extract it from the earth. This is often dependent on the type of mineral in question, the mining history of the jurisdiction, as well as the general background legal tradition and its treatment of property.[2] The Mining Law aims at defining the system of management, preservation, exploration, exploitation and processing of minerals for local consumption and export with the use of natural resource potentials in the industrial process and upgrading the population’s quality of life.[3]

[1] https://en.wikipedia.org/wiki/Mining_law

[2]

[3] Vignaket, S. (1997). Mining Law Law. No. 04/97/NA, at p. 1.

Litigation

Litigation is an action brought in court to enforce a particular right. It is the act or process of bringing a lawsuit in and of itself. Litigation involves any lawsuit or other resort to the courts to determine a legal question or matter. When a person begins a civil lawsuit, the person enters into a process called litigation which involves a series of steps that may lead to a court trial and ultimately resolution of the matter.[1] The major steps in a civil case are that Plaintiff commences civil action by filing a complaint with the clerk of the court and personal jurisdiction is obtained over the defendant (e.g. by means of service of process). The parties meet and confer with one another in order to identify issues, discuss the possibility of settlement, and prepare a plan for discovery and disclosure. The court conducts an early pretrial conference (scheduling conference) or else issues a pretrial scheduling order. Defendant may file motions. Some motions must be filed in the first responsive pleading of the defendant. Other motions may be filed later.[2] Defendant files an answer. Parties disclose documents and the discovery process moves forward. Either party may file any additional motions. The court holds the final pre-trial conference. The court conducts trial. The court render, signs, and files the judgment. Post-trial proceedings may or may not occur. Appeal may be taken. Depending on the situation, judgment may or may not be stayed. Appeal is considered based on either briefs or after oral argument. Judgment is rendered on the appeal. Supplementary proceedings may or may not occur. Judgment is enforced.[3]

[1] https://legal-dictionary.thefreedictionary.com/litigation

[2] https://legal-dictionary.thefreedictionary.com/litigation

[3]

Labour and Employment

Labour law (also known as labor law or employment law) mediates the relationship between workers, employing entities, trade unions and the government.[1] Labour law is the varied body of law that applies to such matters as employment, remuneration, conditions of work, trade unions (as mentioned above) and industrial relations. In addition to the individual contractual relationships growing out of the traditional employment situation, labour law deals with the statutory requirements and collective relationships that are increasingly important in mass-production societies, the legal relationships between organized economic interests and the state, and the various rights and obligations related to some types of social services.[2]

[1] https://en.wikipedia.org/wiki/Labour_law

[2]https://www.britannica.com/topic/labour-law

Intellectual Property

In general terms, intellectual property is any product of the human intellect that the law protects from unauthorized use by others. Intellectual property is traditionally comprised of four categories: patent, copyright, trademark, and trade secrets.[1] Additionally, intellectual property describes a wide variety of property created by musicians, authors, artists and inventors. This area of law provides for intangible rights protecting the products of human intelligence and creation. These rights allow artists to protect themselves from infringement, or the unauthorized use and misuse of their creations. Trademarks protect distinguishing features (such as names or package designs) that are associated with particular products or services and that indicate commercial source. [2]

[1] https://www.law.cornell.edu/wex/intellectual_property

[2] https://legal-dictionary.thefreedictionary.com/Intellectual+Property

Family Law

Family law is a legal practice area that focuses on issues involving family relationships, such as adoption, divorce, and child custody, among others.[1] Basically, family law is an area of the law that deals with family matters and domestic relations. In the common law tradition, the law of domestic relations is a broad category that encompasses divorce, property settlements, alimony, spousal support, or other maintenance, the establishment of paternity and/or termination of parental rights, child support and/or custody, visitation, adoption and emancipation of minors.[2] So in general, family law involves legal issues that pertain to families, including married couples, and parents and children.[3]

[1] https://www.findlaw.com/hirealawyer/choosing-the-right-lawyer/family-law.html

[2] https://en.wikipedia.org/wiki/Family_law

[3] https://www.uslegalservices.net/blog/what-is-family-law

Creditor Rights and Bankruptcy

Bankruptcy is a legal proceeding which allows a debtor to obtain a discharge from some of his debts. This leaves many creditors wondering if they’ll ever be able to recover what is owed to them. Creditors do have some protections when a debtor files for bankruptcy. As a condition to getting some debts discharged, the bankruptcy system requires that a debtor pay off as many debts as possible. Thus, creditors have a right to get a portion of whatever is distributed from a bankrupt estate. Whether or not a creditor will recover mainly depends on what priority the creditor’s claim has.[1] Bankruptcy law favors priority claims like child support, as well as secured claims. Secured claims are those claims in which collateral secures the debt and the creditor can repossess and sell the property if the debtor defaults in payments.[2]

[1] https://www.legalmatch.com/law-library/article/creditors-rights-in-bankruptcy.html

[2] https://www.justia.com/bankruptcy/collections-credit/creditors-rights/

Corporate and Securities Law

Securities law requires public companies to make disclosures to investors while corporate law sets forth a regulatory system in the internal affairs and operation of the corporation. Securities law is uniform and mandatory because investors have a common interest in fair valuation when trading. Corporate law is diverse and enabling because the ownership interests of investors are more difficult to reconcile.[1] Corporate and securities law can be distinguished based on the type of protection they provide to the investors. Both corporate law and securities law serve to protect the investors’ interest, but they do so at two different phases of the investment process. Securities law protects investors as traders, while corporate law protects investors as owners.[2]

[1] https://malesculaw.com/what-is-corporate-securities-law/

Conveyancing

In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title).[1] A system of conveyancing is usually designed to ensure that the buyer secures title to the land together with all the rights that run with the land, and is notified of any restrictions in advance of purchase. Many jurisdictions have adopted a system of land registration to facilitate conveyancing and encourage reliance on public records and assure purchasers of land that they are taking good title. The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. It is a legal requirement in all jurisdictions that contracts for the sale of land be in writing.[2]

[1] https://en.wikipedia.org/wiki/Conveyancing

Commercial Law

Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. Commercial law regulates corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes which contain comprehensive statements of their commercial law. Thus business law which is also known as commercial law or corporate law, is the body of law that applies to the rights, relations and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] Commercial law is a body of law that regulates the conduct of persons, merchants, and businesses who are engaged in trade, sales, and commerce. Also known as business law, it is a broad area of law that interacts with many other areas of law such as environmental regulation, real estate, and food/safety laws. Some of the main branches of commercial law are consumer protection, contract laws, and intellectual property laws.[2]

[1] https://en.wikiversity.org/wiki/Business_Law

[2] https://www.legalmatch.com/law-library/article/what-is-commercial-law.html

Criminal Law

Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one’s self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation.[1] Criminal responsibility for, and defences to, offences under the statute law of Papua New Guinea is dealt with primarily in the Criminal Code (CC), and the Summary Offences Act (SOA) is relevant in some cases.[2]

[1] https://en.wikipedia.org/wiki/Criminal_law

[2] http://www.paclii.org/pg/Manuals/Magistrates/Part3Chap7.htm

Business and Tax Law

Tax law regulates the taxation of individuals and companies. Tax law involves contentious and non-contentious work such as tax planning or litigation relating to compliance with tax laws. Tax law also spans both the public and private sectors; private sector tax lawyers advise private individuals and companies on their tax affairs while public sector tax lawyer will work for governmental tax and revenue departments advising on the drafting and enforcement of tax legislation.

Alternative Dispute Resolution

Alternative dispute resolution (ADR) typically represents a wide range of dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation: a collective term for the ways that parties can settle disputes, with the help of a third party. ADR includes mediation, arbitration, conciliation, expert case appraisal, early neutral evaluation, any combination of them and such other forms of dispute resolution that are different from the formal court process and includes any process.[1] ADR is also increasingly being adopted as a tool to help settle civil and commercial disputes alongside the court system itself.[2]

[1]https://www.pngjudiciary.gov.pg/images/pdf/national-court/listings/civil/adr/act-rules/ADR_RULE2.pdf.

[2] https://en.wikipedia.org/wiki/Alternative_dispute_resolution.

Administrative Law

Administrative law is the body of substantive law that governs the acts of public bodies and the exercise of public functions. Administrative law protects the rights of individuals affected by public law and in, so doing, it ensures that public bodies and others that perform public powers remain within the bounds of their statutorily mandated duties and functions.[1] Administrative law was developed as part of the English common law so that the public authorities exercise of public power was supervised by the courts. The process by which the courts intervene is called judicial review and it was developed and implemented in England and brought to Papua New Guinea through Australia.[2]

[1] Karaiye, C. (2018). Administrative Law and Judicial Review in Papua New Guinea, at p. 1.

[2] Karaiye, C. above n 1, at p. 2.

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