[HRA 42] LAWS OF FIJI s 42 an interim order if he or she is satisfied that it is necessary in the interests of justice to make the order to preserve the position of the parties pending the result of the investigation and the final determination of any proceedings resulting from the investigation. (2) An application for an interim order under subsection (1) may be made by the Proceedings Commissioner or, in a case to which section 38(4) applies, the complainant or the aggrieved person. (3) A copy of an application under subsection (2) must be served on the defendant who must be given an opportunity to be heard before a decision on the application is made. (4) If an interim order has been made, the defendant may appeal to the Court of Appeal to rescind or vary the order, unless the order was made with the defendant’s consent. (5) Notwithstanding anything contained in this Act, the High Court shall not have the jurisdiction to accept, hear, determine, or in any other way entertain, any proceeding or any application of any form whatsoever in a proceeding, which seeks to question or challenge the legality or validity of the Fiji Constitution Amendment Act 1997 Revocation Decree 2009, or such other Decrees made or as may be made by the President, and the High Court shall not have the jurisdiction to grant any remedies in these proceedings or applications. (6) Any proceeding of any form whatsoever, as well as any application of any form whatsoever in a proceeding, seeking to challenge the validity or legality of the Fiji Constitution Amendment Act 1997 Revocation Decree 2009 or any other Decrees made by the President from 10 April 2009 or as may be made by the President, shall wholly terminate immediately upon the commencement of this Act, and a certificate to that effect shall be issued by the Chief Registrar to all parties to the proceeding. [HRA 43] Substantial merits, evidence and hearings 43 In any proceedings under this Act before the High Court, the High Court— (a) must act according to equity, good conscience and the substantial merits of the case, without regard to technicalities; (b) may receive as evidence any statement, document, information or matter that will or might in the High Court’s opinion assist it to deal effectively with the matters before it, whether or not it would be admissible but for this section; (c) may, if it considers it desirable to do so— (i) order that any hearing held by it be heard in private, either in whole or part; (ii) make an order prohibiting the publication of any report or account of the evidence or other proceedings before it (whether heard in public or in private) either in whole or in part; (iii) make an order prohibiting the publication of any book or document produced at the hearing. [The next page is 11,001] Service 0 10,824 Job: specialist/lof/allvols/serv_0/cap3a_399501 Page: 24 Date: 21/11/2016 Time: 23:31:5 bwpageid:: 10824:: bwservice::0::