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Habeas Corpus

Habeas Corpus

Australia, New Zealand and The South Pacific

2nd edition

By David Clark and Gerard McCoy

CONTENTSREVIEWS

The second edition of this text includes all new material on Habeas Corpus and brings the subject up to date given the very large number of changes that have occurred since the first edition published in 2000.

The main changes include:
        1. The enactment of the Habeas Corpus Act 2001 (NZ) and the large body of case law that has ensued.
        2. The change in nearly all of the relevant rules of court for almost every jurisdiction.
        3. Important shifts in the areas in which habeas corpus operates:
                     (a) the decline of the remedy in family law matters in Australia, but its retention in New Zealand;
                     (b) the decline in the use of habeas corpus in bail matters either because of the use of Bail Acts or because, in the New Zealand case, the Habeas Corpus Act 2001 (NZ) excludes the remedy in bail matters;
                     (c) the rise of habeas applications in mental and nursing home cases no doubt reflecting the ageing of the population;
                     (d) shifts in the terminology to refer to the remedy. Despite these we will use the neutral term habeas corpus throughout.
        4. While the first edition stressed the origins of the remedy and the older cases, the new edition retains some of this, but the cases since 2000 are given priority.
        5. A significant increase in materials now available from Pacific Island jurisdictions.
        6. Some material from outside the jurisdictions covered is included for contrast and for important points not yet taken in the jurisdictions listed below that are the subject of this book.


CONTENTS

Preface to the Second Edition
Table of Cases
Table of Statutes

1. Introduction

2. The Habeas Corpus Legislative Provisions

3. Bail

4. The Scope of Review

5. Habeas Corpus and the Vulnerable: Children, Mental Patients and the Elderly

6. Standing and Representation

7. The Grounds of Review

8. Territorial Limits

9. Habeas Corpus and Emergencies

10. Practice and Procedure

Bibliography

Index


REVIEWS

This is the second edition of what is the authoritative treatise on the law of habeas corpus in Australia and New Zealand, and Commonwealth jurisdictions in the South Pacific. … This edition is, once again, a valuable addition to the limited available texts offering a comprehensive account of the law of habeas corpus.

Queensland Law Reporter 7 June 2019 [2019] 22 QLR

Habeas corpus is a term that most of the population, including lawyers, believe they understand prompting the writers of this book to remark in their opening line that it is like a classic that “everyone has heard of but no one has actually read”.
         This book provides a definitive outline and explanation of common law and statute as it applies to the use of habeas corpus in the jurisdictions of Australia, New Zealand and the South Pacific, which relevantly for Australia includes jurisdictions such as Nauru, Fiji, Solomon Islands and other places of interest in Australia’s relationships. …
         This is a text designed as the ultimate resource on habeas corpus. The meticulous research and collation of case law and statute is evident in the bibliography and extensive footnoting throughout the book commends itself to any serious practitioner seeking some guidance on the applicability of habeas corpus in Australia and its near neighbours.

David Parker, InPrint, Law Institute Journal Victoria, May 2019

The text includes a fulsome description of the context and origins of the remedy, as well as the existing jurisdiction of the various courts to order it. Its coverage is extensive and includes matters of practice and procedure, standing, and the grounds and scope of review. … it deals with its subjective matter comprehensively and so is likely to appeal – particularly given the sparsity of similar texts – to anyone undertaking even a cursory review of this topic.

Queensland Law Reporter 5 April 2019 [2019] 13 QLR

   

Published 2 October 2018
Publisher The Federation Press
Hardback/352pp
ISBN 9781760021832
Australian RRP $150.00
International Price $136.00
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Available


Law - Administrative
Law - Criminal Law & Procedure
Law - New Zealand
Law - Pacific Islands


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