Tulloh v Chief Executive Officer of the Department of Corrective Services

Tulloh sought an order of habeas corpus, claiming that his continued detention was unlawful. The respondent, the Chief Executive Officer of the Department of Corrective Services, opposed the application on the basis that the applicant was lawfully detained under the Corrections Act 1986 (Vic). The Full Court of the Federal Court was asked to determine whether the cancellation of an order for the applicant's parole had legal effect until it was quashed by the Court. Tulloh argued that the cancellation order had no legal effect and that he was unlawfully detained, and thus should be released immediately. The court was required to decide whether the cancellation order had legal effect until it was quashed and, if so, whether the applicant was unlawfully detained and entitled to be released.

The Full Court held that the cancellation order had legal effect until it was quashed. The court found that the cancellation order was an administrative decision made by the respondent, and that the applicant was not entitled to be released on habeas corpus until the cancellation order was quashed. The court further held that the applicant's detention was lawful, as the cancellation order was valid until it was quashed. The court found that the applicant had not established that his detention was unlawful, and that he was not entitled to be released on habeas corpus. The court quashed the order for release from custody made by the primary judge.

The Full Court held that the cancellation order had legal effect until it was quashed, and that the applicant's detention was lawful. The court found that the applicant was not entitled to be released on habeas corpus until the cancellation order was quashed. The court quashed the order for release from custody made by the primary judge, and dismissed the applicant's application for an order of habeas corpus.