7 Manner of application for writ


An application for a writ of habeas corpus must be made to the High Court by originating application in the manner provided by the High Court Rules 2016.


Despite subsection (1), nothing in that subsection excludes the inherent jurisdiction of the High Court to hear and to make an order on an oral application at any time in circumstances of unusual urgency.


Despite subsection (1), the provisions of any High Court Rule providing for directions by the court before the hearing, or affecting the hearing, of an originating application or empowering the court to convene a conference of the parties to an originating application do not apply to an application.


No applicant may be disqualified for lack of capacity or standing.


In a proceeding for a writ of habeas corpus—


no party to the proceeding is entitled to general or special discovery of the documents of any other party to the proceeding or to an order for security for costs; and


the High Court Rules concerning discovery and inspection of documents and security for costs do not apply.


No fee is payable to the High Court for filing any document in respect of an application.


Section 153 of the Senior Courts Act 2016 does not apply in respect of the form and manner of any application made under this Act.

Section 7(1): amended, on 18 October 2016, by section 183(c) of the Senior Courts Act 2016 (2016 No 48).

Section 7(7): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).