Alpert; Ex parte - Re Aird & Ors

This matter concerned an application by Alpert for a writ of habeas corpus, seeking the release of a prisoner, against the respondents, Aird and others. The application was heard by Heydon J in chambers.

The central legal issue before the Court was whether the prisoner was lawfully detained. This required the Court to consider the validity of the process by which the prisoner had been committed to gaol.

Heydon J found that the prisoner had been committed to gaol under a warrant that was defective. The warrant failed to specify the offence for which the prisoner was committed, rendering it invalid. Consequently, the detention was unlawful.

The Court ordered that the prisoner be discharged from custody.