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Habeas Corpus

Habeas Corpus

Australia, New Zealand and The South Pacific

2nd edition

By David Clark and Gerard McCoy


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.


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




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
ISBN 9781760021832
Australian RRP $150.00
International Price $136.00
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Law - Administrative
Law - Criminal Law & Procedure
Law - New Zealand
Law - Pacific Islands

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