Overview

The first book length account of the history, law and practice of the writ of Habeas Corpus in Australasia and the Pacific. Covers Australia, New Zealand, Fiji, Vanuatu, Tuvalu, Samoa, Tonga, Niue, Nauru, Solomon Islands, Kiribati, Papua New Guinea and the Cook Islands. The cases used include early nineteenth century newspaper cases, unreported cases from all jurisdictions and reported materials up to and including 1998. There are extensive references to statutes where the writ is mentioned.

Full Product Details

Author:   David Clark ,  Gerard McCoy
Publisher:   Federation Press
Imprint:   Federation Press
Weight:   0.616kg
ISBN:  

9781862873025

ISBN 10:   186287302
Pages:   351
Publication Date:   February 2000
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Replaced By:   9781760021832
Format:   Hardback
Publisher's Status:   Active
Availability:   Out of stock  
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

Table of Contents

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'etat: 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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