Lindon, Ex parte- Re Len Lindon v Commonwealth of Australia

This matter concerned an application by Len Lindon for a writ of habeas corpus directed to the Commonwealth of Australia. The applicant sought his release from custody, alleging that his detention was unlawful. The application was heard by Brennan CJ in chambers.

The central legal issue before the Court was whether the applicant's detention was authorised by law. Specifically, the Court was required to consider the validity of the grounds upon which the applicant was being held.

Brennan CJ determined that the applicant's detention was not lawful. His Honour found that the executive had failed to establish a legal basis for the applicant's continued detention. Consequently, the writ of habeas corpus was granted.