Cabal and Pasini, Ex Parte; Re Secretary of Dept of Justice (Vic) and Anor M93/2000

The High Court of Australia considered an application by Cabal and Pasini for a writ of habeas corpus. The applicants sought to challenge the legality of their detention, which was based on warrants issued by the Secretary of the Department of Justice (Victoria) and the Chief Commissioner of Police (Victoria). The core of the dispute concerned the validity of these warrants and the detention they authorised.

The central legal issue before the Court was whether the detention of Cabal and Pasini was lawful, specifically in relation to the interpretation and application of the *Crimes (Confiscation of Profits) Act 1986* (Vic) and the *Crimes (Confiscation of Profits) Regulations 1986* (Vic). The applicants contended that the warrants were invalid, rendering their continued detention unlawful.

The Court analysed the provisions of the *Crimes (Confiscation of Profits) Act* and its associated Regulations, focusing on the requirements for the issuance of warrants and the circumstances under which a person could be detained. The reasoning involved a close examination of the statutory language and the principles of administrative law governing the exercise of executive power. The Court ultimately found that the detention was not lawful.

The High Court made absolute the order nisi for a writ of habeas corpus, directing the release of Cabal and Pasini.