A new particular in support of the same underlying proposition (denial of fair trial) does not constitute 'fresh evidence' for the purposes of r 57.04 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic), which bars repeated habeas corpus applications on the same grounds. Habeas corpus will not be granted where the applicant is held pursuant to a lawful conviction and sentence and has not invoked available appeal rights, whether by application of the principle that habeas corpus does not lie against a judgment in due course of law, or by discretionary refusal on the basis of available alternative remedies.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.