Introduction
Context
The image of the remedy
Right to liberty
The arrival of the remedy
The jurisdiction of the courts to award the remedy
The forms of writ
The Habeas Corpus Acts in Australasia
Australian legislation on habeas corpus
Draft New Zealand habeas corpus legislation
English legislation on habeas corpus in Australasia
Bail
Applying for bail via habeas corpus
May a person on bail apply for habeas corpus?
Bail and interim relief in a habeas corpus matter
The Scope of Review
The custody requirement
The remedy applies only to humans and their detentions
The remedy does not include damages or compensation
Areas of review
Habeas Corpus and Child Custody
The concept of custody
Older cases now obsolete
The general principle: the best interests of the child
The courts seek a compromise
Continuing role in inter-jurisdictional cases
Standing
The detainee
Parties with statutory responsibilities
The case of children
The case of parties held incommunicado
The case of persons otherwise unable to act on their own behalf
Philanthropic individuals and organisations
Relatives
Diplomatic representatives of foreign countries have applied for
the writ
Aliens
Proof of authority to act
Future developments?
The Grounds of Review
Lack or excess of jurisdiction
The exhaustion of jurisdiction: functus officio
Improperly constituted decision maker
Acting under the wrong legislation
Failure to comply with statutory procedures
Abuse or abdication of discretion
Acting for an improper collateral purpose
Breach of the principles of natural justice
Bias
On the face of the record?
Territorial Limits
Foreign jurisdictions
Territory seas: civil ships
Territorial seas: public ships of a friendly power
Foreign embassies and legislations
Actually overseas
Interstate cases in Australia
Habeas Corpus and Emergencies
Introduction
Martial law
Insurrections
War
States of emergencies
Coups d'état: Fiji 1987
Ordinary laws with wide powers
Practice and Procedure
Introduction
Priority business of the court
Urgent cases
Applying for the writ
The stages of the hearing
The return
Hearing of return
Orders of the court
Successive applications
Costs
Re-arrests
Appeals
Disobedience to writ as contempt of court
Table of Cases/ Table of Statutes/ Index
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