4 Sept 2015
By consent the court treated the proceeding as an application for judicial review and granted relief, quashing the Visiting Justice's decision; the order was made by consent and the court did not make a definitive ruling on the existence of a statutory right to counsel.
21 Feb 2008
Because the applicant did not challenge the lawfulness of his underlying detention, habeas corpus was not the appropriate remedy to attack an internal disciplinary penalty; such complaints must be pursued by judicial review; accordingly the habeas corpus application was dismissed and the Visiting Justice removed as a respondent.
16 Jun 2006
Habeas corpus is not an available remedy to challenge the conditions of a lawfully imposed detention such as cell confinement; the appropriate remedy is judicial review and the applicant must file a statement of claim compliant with s 9 of the Judicature Amendment Act 1972 before the court will give directions under s 10; accordingly the habeas corpus application is dismissed.