30 Nov 2020
Section 87 requires an express judicial exercise of discretion specifying a date to defer expiry; filing a s85 extension or issuing a judicial conference notice does not automatically or in substance operate as a valid s87 deferral, and when a valid deferral lapses the compulsory care order expires and cannot be retrospectively reinstated by post‑expiry steps.
15 Jun 2018
Because possession of the property had been secured and the conditions necessary to allow the court‑ordered sale to proceed were in place, continued incarceration of Mr McNab for contempt was no longer necessary; he was ordered released but warned that breach of the exclusion and interference with the sale would attract further imprisonment; habeas corpus could not be pursued orally and required formal filing.
15 Nov 2017
Although the 'subsequent child' provisions did not apply, the Family Court judge's reasoning, read as a whole and supported by the social worker's evidence of parental mental health, criminal history, transience and substance use, provided an adequate basis under s14(1)(a),(b),(f) to make the s78 interim custody order; habeas corpus was not the correct remedy for collateral factual challenges and the appeal is dismissed.
1 Dec 2016
Having considered the submissions and documents, the Court concluded there was no basis to grant habeas corpus and dismissed the application because the detention was authorised by an interim recall under s 62 of the Parole Act 2002.