Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3504

    (1)     A proceeding for a habeas corpus order must be started by originating application.

Note     Div 2.2.3 (Originating applications) contains provisions about the content of originating applications, the filing of originating applications, etc. The division applies, subject to this part (see r 22 (Application—ch 2)), to an application for a habeas corpus order.

    (2)     However, if an application for a habeas corpus order in relation to a proceeding is made during the proceeding, the application must be made in accordance with part 6.2 (Applications in proceedings).

    (3)     The application must be supported by an affidavit.

    (4)     The affidavit may—

        (a)     be made by someone else on behalf of the person in custody; and

        (b)     contain statements based on information and belief if the person making it states the sources of the information and the grounds for the belief.

Note     The hearsay rule does not apply to evidence in an application in a proceeding if the party adducing the evidence also adduces evidence of its source (see

, s 75 (Exception—interlocutory proceedings)).

    (5)     The application need not be served on anyone unless the court otherwise orders on its own initiative.