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Jurisdiction and Power: Habeas Corpus and the Federal Court

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journal contribution
posted on 29.10.2019, 08:32 authored by David Clark
This paper criticises the distinction made in Ruddock v Vadarlis that the Federal Court may not issue a writ of habeas corpus, though it may issue an order in the nature of a writ of habeas corpus. The paper argues that the Federal Court may issue a writ of habeas corpus and identifies three statutory bases for this conclusion. The paper also argues that the court in Ruddock v Vardarlis misunderstood the writ in assuming that it was less flexible than it actually is; and that the conclusion reached in that case was unnecessary given the findings actually made by the court.

History

Publication Date

2006

Volume

32

Issue

2

Type

Article

Pages

275–295

AGLC Citation

David Clark, 'Jurisdiction and Power: Habeas Corpus and the Federal Court' (2006) 32(2) Monash University Law Review 274

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