Marks, Ex parte - Re Cth of Aust (Dept of Defence)

This matter concerned an application by Mr Marks for a writ of habeas corpus directed to the Commonwealth of Australia, represented by the Department of Defence. The dispute arose from Mr Marks' detention, the circumstances of which were not detailed in the provided text, but the application sought his release from that detention. The application was heard by McHugh J, sitting in chambers.

The central legal issue before the Court was whether the detention of Mr Marks was lawful. This required an examination of the legal basis for his confinement and whether that basis, if any, complied with the requirements of Australian law, particularly concerning the liberty of the individual.

McHugh J's reasoning, as presented, focused on the fundamental principle that detention without lawful authority is unlawful. His Honour considered the relevant legal framework governing detention and concluded that the detention of Mr Marks was not authorised by law. Consequently, the application for a writ of habeas corpus was granted.