Habeas Corpus

Welcome to Diaspora Legal, your go-to legal practice for all matters related to unlawful detention in Australia. Our founder and principal lawyer, Greg Finlayson, has a passion for fighting for the rights of individuals who have been wrongfully detained, including aged loved ones who have been kept against their will.

At Diaspora Legal, we have experience in handling habeas corpus cases, which is the writ issued to test the lawfulness of the detention or imprisonment of a person. Habeas corpus is available to test the legality of detention in any form, including detention in a prison, nursing home, psychiatric hospital, or even in the custody of a guardian or relative. We have argued habeas corpus cases in the Supreme Court of Queensland and Federal Court of Australia.

Habeas corpus is the writ issued to test the lawfulness of the detention or imprisonment of a person. All imprisonment is presumed to be unlawful and will be found to be unlawful unless the detention is legally justified.

The application is to the Court to issue a writ of habeas corpus for the person to be brought before the court and the cause of their detention justified. Usually the question is determined without the actual issue of the writ, and the person either has the cause of their detention justified or they are released.

We understand that the process of fighting unlawful detention, especially when it involves a loved one, can be overwhelming and emotionally taxing. That's why we strive to provide personalized, compassionate representation to each of our clients. We will work closely with you to ensure that your loved one's rights are protected and that they receive the justice they deserve.

If you or someone you know has a loved one who has been the victim of unlawful detention, don't hesitate to reach out to us. We are here to help and will do everything in our power to fight for their rights. Contact us today to schedule a consultation. 

McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 223

The Public Advocate v C, B [2019] SASCFC 58