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Admiralty Rules

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  • In force - Superseded Version
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SR 1988 No. 269 Rules/Court & Tribunal Rules as amended, taking into account amendments up to SR 1993 No. 327
Principal Rules
Administered by: Attorney-General's
Registered 19 Mar 2010
Start Date 10 Dec 1993
End Date 01 Oct 1996

ADMIRALTY RULES
(#DATE 31:12:1993)

- In force under the Admiralty Act 1988
- Reprinted as at 31 December 1993
*1* The Admiralty Rules (in force under the Admiralty Act 1988) as shown in this reprint comprise Statutory Rules 1988 No. 269 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1988 No. 269 4 Nov 1988 1 Jan 1989
1990 No. 392 6 Dec 1990 6 Dec 1990 -
1993 No. 327 10 Dec 1993 10 Dec 1993 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 4 am. 1990 No. 392
R. 22 am. 1990 No. 392
R. 30 am. 1993 No. 327
R. 41 rs. 1993 No. 327
R. 43 am. 1990 No. 392
Rr. 51, 52 am. 1993 No. 327
R. 54 am. 1993 No. 327
R. 75 am. 1993 No. 327
Schedule am. 1990 No. 392; 1993 No. 327

ADMIRALTY RULES - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
PART I - PRELIMINARY
1. Citation
2. Commencement
3. Interpretation
4. Marshal and Registrar
5. Headings of documents
6. Operation of these Rules
PART II - CAVEATS
Division 1 - Caveats against arrest
7. Caveats against arrest
8. Undertaking by caveator
9. Caveator to give bail
Division 2 - Caveats against release
10. Caveats against release
11. Caveats may be set aside
Division 3 - General
12. Caveats in force for 12 months
13. Withdrawal of caveats
14. Registers
PART III - PARTIES
15. Actions in rem: parties
16. Actions in rem: ship or property
17. Amendment of process
PART IV - PROCESS
Division 1 - Initiating process
18. Separate commencement of in rem and in personam actions
19. Initiating process
20. Validity of initiating process
21. Limitation proceedings
Division 2 - Statements of claim
22. Statements of claim
Division 3 - Appearance
23. Appearance
Division 4 - Preliminary acts
24. Application
25. Preliminary acts
26. Preliminary acts to be sealed
27. Default in filing preliminary act
28. Opening of preliminary acts
Division 5 - Trial without pleadings
29. Trial without pleadings
PART V - SERVICE OF INITIATING PROCESS
30. Service of initiating process on ships and other
property
31. Service of initiating process on proceeds
32. Service upon caveator
33. Service by Marshal
34. Substituted service
35. Service on any day
36. Service of amended process
37. Acceptance of service
38. Substituted service of statement of claim
PART VI - ARREST
Division 1 - Arrest of ships and other property
39. Application for warrant
40. Issue of warrant
41. Liability for Marshal's fees and expenses
42. Period of validity
43. Execution of arrest warrants
44. Duration of arrest
45. Verification of service
46. Execution on any day
Division 2 - Custody of ships etc. under arrest
47. Custody of arrested ships and property
48. Applications concerning arrested property
49. Discharge
50. Preservation, management and control powers
Division 3 - Release from arrest
51. Release by Registrar
52. Release from arrest by the Court
53. Payment of Marshal's fees and expenses
PART VII - BAIL
54. Bail bonds
55. Notice of bail
56. Objection to bail
57. Filing bonds
58. Sureties bound
59. Court may vary bail
60. Costs of bail
PART VIII - LIMITATION PROCEEDINGS
61. Service on at least 1 respondent
62. Advertisement of determination
63. Effect of determination
64. Proceedings to set aside determinations
PART IX - REFERENCE OF DAMAGES AND
ACCOUNTS TO REGISTRAR
65. References to Registrar
66. Affidavits
67. Registrar to make determinations
68. Application to vary
PART X - VALUATION AND SALE
69. Orders for valuation and sale
70. Sale
71. Returns of sale etc.
72. Taxation of Marshal's fees and expenses
PART XI - PRIORITIES
73. Applications to determine priorities
74. Marshal's fees and expenses
PART XII - MISCELLANEOUS
75. Undertakings
76. Wages, collision: security for costs
77. Collision proceedings: stay pending security
78. Marshal may make interim demands for fees and expenses
79. Register of Admiralty proceedings
80. Court may give directions, vary Rules
81. Review of Registrar's actions
82. Instruments to be signed by Registrar, sealed
83. Inspection of Registers
SCHEDULE
FORMS

ADMIRALTY RULES - PART I
PART I - PRELIMINARY

ADMIRALTY RULES - RULE 1
Citation

1. These Rules may be cited as the Admiralty Rules.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

ADMIRALTY RULES - RULE 2
Commencement

2. These Rules commence on 1 January 1989.

ADMIRALTY RULES - RULE 3
Interpretation

3. (1) In these Rules, unless the contrary intention appears:
"amount claimed" includes an amount in respect of interest or costs;
"arrest warrant" means a warrant for the arrest of a ship or other property;
"caveator", in relation to a caveat, means the person by whom, or on whose behalf, the caveat was filed;
"interested person", in relation to a ship or other property that is under arrest, includes an underwriter or insurer of the ship or property or of a liability in relation to the ship or property;
"proceeding" means a proceeding commenced under the Act;
"Register" means a register maintained under subrule 14 (1) or (2) or rule 79;
"the Act" means the Admiralty Act 1988.

(2) In these Rules, unless the contrary intention appears, a reference to a ship or other property includes a reference to the proceeds of the sale under the Act of the ship or property that have been paid into court under rule 71.

ADMIRALTY RULES - RULE 4
Marshal and Registrar

4. (1) Where, in relation to a proceeding in a court, a power, function or duty is conferred or imposed on the Registrar by these Rules, the power or function may be exercised, and the duty shall be performed, by an officer of the court:
(a) appointed by the court to be a Registrar; or
(b) authorised by the court, or by the Rules of Court, to exercise the power or function or perform the duty.

(2) Where, in relation to a proceeding in a court:
(a) a power, function or duty is conferred or imposed on the Registrar by these Rules; and
(b) the Rules of Court concerned authorise a Master of the court to exercise the power or function or perform the duty;
the power or function may be exercised, and the duty must be performed, by a Master.

(3) Where, in relation to a proceeding in a court, a power, function or duty is conferred or imposed on the Marshal by these Rules, the power or function may be exercised, and the duty must be performed:
(a) by a person (whether or not an officer of the court):
(i) appointed by the court to be a Marshal; or
(ii) authorised by the court, or by the Rules of Court, to
exercise the power or function or perform the duty; or
(b) by an officer or employee of the Commonwealth, a State or a Territory, authorised in writing by a Marshal to exercise the power or function or perform the duty on his or her behalf.

(4) Action may be authorised orally under paragraph (3) (b) where it is not practicable to authorise the action in writing before it is taken, but a written authorisation must be given as soon as practicable.

ADMIRALTY RULES - RULE 5
Headings of documents

5. A document to be filed in, or issued out of, a court in a proceeding:
(a) shall include in the heading of the document a title in accordance with Form 1; and
(b) shall identify the proceeding in accordance with the Rules of Court concerned.

ADMIRALTY RULES - RULE 6
Operation of these Rules

6. (1) These Rules are not intended to exclude or limit the operation of Rules of Court of a court exercising jurisdiction under the Act to the extent that those Rules are not inconsistent with these Rules.

(2) Where an act or omission of a person is an offence against rule 56 and a contempt under Rules of Court or at common law and the person is found guilty of the contempt, the person is not liable to be convicted of the offence.

ADMIRALTY RULES - PART II
PART II - CAVEATS

ADMIRALTY RULES - DIVISION 1
Division 1 - Caveats against arrest

ADMIRALTY RULES - RULE 7
Caveats against arrest

7. (1) A caveat against the arrest of a ship or other property shall be in accordance with Form 2 and may be filed in a registry of the Federal Court.

(2) The caveat shall not be filed unless the Registrar is satisfied (whether because of an undertaking endorsed on the caveat or for other sufficient reason) that the caveator will, in any proceeding of a kind specified in the caveat that is commenced as an action in rem against the ship or property:
(a) enter an appearance; and
(b) comply with rule 9.

(3) The undertaking shall be in accordance with Form 3.

(4) Without limiting the power of the Registrar under subrule (2), the Registrar may be satisfied for the purposes of that subrule if there is produced to the Registrar an undertaking in writing to satisfy any judgment for the amount specified in the caveat, being an undertaking given by:
(a) a protection and indemnity association that is a member of the International Group of Protection and Indemnity Associations; or
(b) a bank within the meaning of the Banking Act 1959 or a State bank.

(5) The Federal Court may set aside a caveat against the arrest of a ship or other property.

ADMIRALTY RULES - RULE 8
Undertaking by caveator

8. (1) The filing of a caveat under rule 7 constitutes an undertaking by the caveator:
(a) to enter an appearance in a proceeding of a kind specified in the caveat that is commenced as an action in rem against the ship or other property specified in the caveat; and
(b) to comply with rule 9.

(2) The undertaking is enforceable by the court in which the proceeding is commenced.

ADMIRALTY RULES - RULE 9
Caveator to give bail

9. (1) This rule applies where:
(a) a caveat against the arrest of a ship or other property is in force;
(b) under these Rules, initiating process in a proceeding has been served on the caveator;
(c) the proceeding is a proceeding of the kind specified in the caveat; and
(d) the caveat specifies an amount not less than the amount claimed.

(2) Within 3 days after having been so served, the caveator shall, unless otherwise agreed in writing between the caveator and the plaintiff:
(a) pay into court an amount equal to:
(i) the amount claimed; or
(ii) the amount specified in the caveat;
whichever is the less; or
(b) cause a bail bond to be entered into in that amount, and give notice, in accordance with Part VII.

(3) A caveator who fails to comply with subrule (2):
(a) shall be taken to have failed to appear in the proceeding within the time specified for appearing; and
(b) is liable for committal.

ADMIRALTY RULES - DIVISION 2
Division 2 - Caveats against release

ADMIRALTY RULES - RULE 10
Caveats against release

10. Where a ship or other property is under arrest in a proceeding, a person may file in the court by which the arrest warrant was issued a caveat in accordance with Form 4 against the release from arrest of the ship or property.

ADMIRALTY RULES - RULE 11
Caveats may be set aside

11. The court may set aside, wholly or in part, the caveat.

ADMIRALTY RULES - DIVISION 3
Division 3 - General

ADMIRALTY RULES - RULE 12
Caveats in force for 12 months

12. (1) Unless sooner withdrawn or set aside, a caveat remains in force for a period of 12 months or such shorter period, not being less than 7 days, as is specified in the caveat.

(2) Subrule (1) does not prevent the filing of a further caveat.

ADMIRALTY RULES - RULE 13
Withdrawal of caveats

13. A caveator may withdraw a caveat by filing an instrument of withdrawal of the caveat in accordance with Form 5.

ADMIRALTY RULES - RULE 14
Registers

14. (1) The Registrar of the Federal Court shall maintain a register to be known as the Register of Caveats Against Arrest.

(2) The Registrar of a court in which a proceeding under the Act may be commenced as an action in rem shall maintain a register to be known as the Register of Caveats Against Release.

ADMIRALTY RULES - PART III
PART III - PARTIES

ADMIRALTY RULES - RULE 15
Actions in rem: parties

15. (1) Initiating process in a proceeding commenced as an action in rem shall specify a relevant person in relation to the maritime claim concerned as a defendant.

(2) A relevant person may be specified by reference to ownership of, or other relevant relationship with, the ship or other property concerned.

ADMIRALTY RULES - RULE 16
Actions in rem: ship or property

16. (1) Initiating process in a proceeding commenced as an action in rem shall identify the ship or other property concerned in relation to the maritime claim.

(2) If the proceeding is commenced against a surrogate ship, the ship in relation to which it is a surrogate ship shall also be identified in the initiating process.

(3) Initiating process may identify more than 1 ship as a surrogate ship.

ADMIRALTY RULES - RULE 17
Amendment of process

17. (1) The powers of a court in relation to amendment of process and joinder of parties extend to making an order, on such terms as are just:
(a) substituting for a defendant identified in accordance with subrule 15 (2) another person; and
(b) substituting for a ship another ship.

(2) Where process in a proceeding is amended by substituting for a ship another ship, the proceeding shall be taken to have been commenced against the other ship at the time specified in the order or, if no time is so specified, at the time when the order was made.

ADMIRALTY RULES - PART IV
PART IV - PROCESS

ADMIRALTY RULES - DIVISION 1
Division 1 - Initiating process

ADMIRALTY RULES - RULE 18
Separate commencement of in rem and in personam actions

18. A proceeding commenced as an action in personam shall not be commenced by the same initiating process as the process by which a proceeding is commenced as an action in rem.

ADMIRALTY RULES - RULE 19
Initiating process

19. A proceeding commenced as an action in rem shall be commenced by writ in accordance with Form 6.

ADMIRALTY RULES - RULE 20
Validity of initiating process

20. Initiating process in a proceeding commenced as an action in rem is effective for service for a period of 12 months after it is issued and may not be served after that time without the leave of the court.

ADMIRALTY RULES - RULE 21
Limitation proceedings

21. (1) A limitation proceeding shall be commenced as an action in personam.

(2) A limitation proceeding shall be commenced by a statement of claim in accordance with Form 7.

(3) At least 1 of the respondents to the limitation proceeding shall be named as respondent in the initiating process.

(4) Other respondents need not be so named but may be identified as respondents in the initiating process by reference to their being members of a specified class of persons.

(5) Initiating process need not be served on respondents so identified.

ADMIRALTY RULES - DIVISION 2
Division 2 - Statements of claim

ADMIRALTY RULES - RULE 22
Statements of claim

22. (1) In a proceeding commenced as an action in rem, the plaintiff shall, unless the court otherwise orders, file and serve a statement of claim:
(a) on each party who has entered an appearance; and
(b) if a caveat against arrest is in force - on the caveator.

(2) The statement of claim shall be in accordance with the Rules of Court concerned.

(3) The time within which the statement of claim shall be served:
(a) on a party - is 14 days after the party has entered an appearance; or
(b) on a caveator - is 14 days after the time when the initiating process in the proceeding was served on the caveator.

ADMIRALTY RULES - DIVISION 3
Division 3 - Appearance

ADMIRALTY RULES - RULE 23
Appearance

23. (1) In a proceeding commenced as an action in rem, the time within which an appearance by a party to the proceeding shall be filed is 21 days after service of the initiating process on the party.

(2) An appearance shall be in accordance with Form 9.

(3) A copy of the appearance shall be served on the other parties to the proceeding of whose address for service the party has notice.

ADMIRALTY RULES - DIVISION 4
Division 4 - Preliminary acts

ADMIRALTY RULES - RULE 24
Application

24. (1) This Division applies to a proceeding arising out of a collision between 2 or more ships.

(2) In a proceeding on a maritime claim:
(a) arising out of the loss of a ship; or
(b) for damage done to or by a ship;
the court may, before the pleadings are closed, on application or of its own motion, order that this Division applies in respect of the proceeding.

ADMIRALTY RULES - RULE 25
Preliminary acts

25. (1) Unless the court otherwise orders, a party to a proceeding shall file a preliminary act.

(2) The preliminary act shall be:
(a) in the case of a collision between 2 or more ships - in accordance with Form 10; and
(b) in any other case - in accordance with Form 11.

(3) In a proceeding to which this Division applies by virtue of an order under subrule 24 (2), the parties shall comply with subrule (1) within such time, or such respective times, as is or are specified by the court.

(4) In any other proceeding to which this Division applies:
(a) the plaintiff shall comply with subrule (1) within 7 days after the commencement of the proceeding; and
(b) another party shall comply with subrule (1) within 28 days after entering an appearance and before filing a pleading.

ADMIRALTY RULES - RULE 26
Preliminary acts to be sealed

26. A preliminary act shall be filed in a closed envelope that has been sealed with the seal of the court and bears the date of filing.

ADMIRALTY RULES - RULE 27
Default in filing preliminary act

27. (1) Where the plaintiff fails to comply with rule 25, the court may, on application, dismiss the proceeding.

(2) Where a defendant fails to comply with rule 25, the plaintiff may take the same steps in the proceeding as may be taken in relation to a defendant who has failed to file a defence.

ADMIRALTY RULES - RULE 28
Opening of preliminary acts

28. (1) Subject to subrule (2), the Registrar shall open an envelope containing a preliminary act in a proceeding if the pleadings in the proceeding have been closed.

(2) The court may, at any stage of the proceeding, on application or of its own motion, order that the Registrar open the envelopes containing the preliminary acts and may make such further orders, including an order under Division 5, as are appropriate.

ADMIRALTY RULES - DIVISION 5
Division 5 - Trial without pleadings

ADMIRALTY RULES - RULE 29
Trial without pleadings

29. Where a defendant in a proceeding has entered an appearance, the court may, on application, if it is satisfied that the proceeding can conveniently be tried without pleadings or without further pleadings, as the case may be:
(a) order that the proceeding be tried without pleadings or without further pleadings, as the case may be;
(b) order that the pleadings be limited as specified in the order; and
(c) give directions as to the further conduct of the proceeding.

ADMIRALTY RULES - PART V
PART V - SERVICE OF INITIATING PROCESS

ADMIRALTY RULES - RULE 30
Service of initiating process on ships and other property

30. (1) Initiating process in a proceeding commenced as an action in rem:
(a) against a ship; or
(b) against other property that is, at the time of service, on board a ship;
shall be served by securely affixing a sealed copy of the process to a mast, or some other conspicuous part, of the ship.

(2) Initiating process in a proceeding commenced as an action in rem against property that is not, at the time of service, on board a ship shall be served by securely affixing a sealed copy of the process to the property or to a package or container containing the property.

(3) If access to a ship or property cannot reasonably be obtained, process may be served on the ship or property by:
(a) handing a sealed copy of the process to a person apparently in charge of the ship or property; or
(b) if the person refuses to accept service - putting a sealed copy of the process down in the presence of the person and telling the person what the document is.

(4) In this rule, "sealed copy of the process" includes a copy, transmitted by facsimile transmission, of a sealed copy of the process.

ADMIRALTY RULES - RULE 31
Service of initiating process on proceeds

31. Initiating process in a proceeding commenced as an action in rem against the proceeds of sale of a ship or other property that has been paid into court shall be served by filing a sealed copy of the process in the court in which the proceeds are held.

ADMIRALTY RULES - RULE 32
Service upon caveator

32. Where:
(a) a proceeding is commenced as an action in rem against a ship or other property; and
(b) a caveat against the arrest of the ship or property is in force or, after the proceeding is commenced, is filed;
a sealed copy of the initiating process shall be served on the caveator as soon as practicable after the person on whose behalf it was issued becomes aware of the existence of the caveat.

ADMIRALTY RULES - RULE 33
Service by Marshal

33. A Marshal may serve initiating process in a proceeding commenced as an action in rem against a ship or other property.

ADMIRALTY RULES - RULE 34
Substituted service

34. In a proceeding commenced as an action in rem, a court shall not order substituted service of initiating process that is to be served on a ship or other property.

ADMIRALTY RULES - RULE 35
Service on any day

35. Initiating process in a proceeding commenced as an action in rem may be served on any day.

ADMIRALTY RULES - RULE 36
Service of amended process

36. Where initiating process in a proceeding commenced as an action in rem has been amended, the amended process shall, unless the court otherwise orders, be served on each person on whom, and on each ship or on the property on which, the initiating process was served.

ADMIRALTY RULES - RULE 37
Acceptance of service

37. Where, in a proceeding commenced as an action in rem against a ship or other property, a solicitor acting for a defendant in the proceeding or the owner of the ship or property undertakes in writing to accept service of initiating process, or any other instrument, in relation to the proceeding, the process or instrument may be served on the solicitor in any way in which other process of the court may be served on the solicitor instead of being served as mentioned in rule 30, 31, 32 or 36, as the case may be.

ADMIRALTY RULES - RULE 38
Substituted service of statement of claim

38. A court may order substituted service of a statement of claim.

ADMIRALTY RULES - PART VI
PART VI - ARREST

ADMIRALTY RULES - DIVISION 1
Division 1 - Arrest of ships and other property

ADMIRALTY RULES - RULE 39
Application for warrant

39. (1) A party to a proceeding commenced as an action in rem may apply in accordance with Form 12 for an arrest warrant in respect of the ship or other property against which the proceeding was commenced.

(2) The application shall be supported by an affidavit of the applicant or of a solicitor or agent of the applicant in accordance with Form 13.

ADMIRALTY RULES - RULE 40
Issue of warrant

40. (1) Subject to this rule, the Registrar may issue an arrest warrant.

(2) The arrest warrant shall be in accordance with Form 14.

(3) Except by leave of the court, an arrest warrant shall not be issued if the Registrar is made aware that:
(a) a caveat against the arrest of the ship or other property is in force and:
(i) the proceeding is a proceeding of the kind specified in
the caveat;
(ii) the caveat specifies an amount that is not less than the
amount claimed by the applicant; and
(iii) the period prescribed by subrule 9 (2) has not expired;
(b) the proceeding is stayed because payment has been made into court; or
(c) a bail bond in not less than the amount claimed by the party has been filed.

ADMIRALTY RULES - RULE 41
Liability for Marshal's fees and expenses

41. An application for an arrest warrant constitutes an undertaking:
(a) if the application is made by the applicant personally - by the applicant; or
(b) if the application is made by a solicitor on behalf of the applicant - by the solicitor;
to pay to the Marshal, on demand, an amount equal to the amount of the fees and expenses of the Marshal in relation to the arrest.

ADMIRALTY RULES - RULE 42
Period of validity

42. (1) An arrest warrant shall not be executed more than 6 months after it was issued.

(2) Subrule (1) does not prevent the issue of a further arrest warrant.

ADMIRALTY RULES - RULE 43
Execution of arrest warrants

43. (1) An arrest warrant shall be executed by the Marshal.

(2) An arrest warrant shall be executed in the same way as initiating process may be served.

(3) An arrest warrant shall not be executed on a ship or other property unless initiating process in the proceeding concerned has previously been served, or is to be served concurrently with the execution of the warrant, on the ship or property.

(4) A ship or other property may be arrested in a proceeding after judgment has been given in the proceeding.

(5) The Marshal shall not execute an arrest warrant if the applicant so requests or the court so orders.

(6) A request shall be in accordance with Form 15.

(7) Where an arrest warrant that specifies a ship or other property has been issued, the court may, on the application of:
(a) if a caveat against the arrest of the ship or property is, at the time of the application, in force - the caveator; or
(b) in any case - an interested person in relation to the ship or property;
and on such terms as are just, order that the arrest warrant:
(c) be discharged; or
(d) be not executed or be not executed within a specified time.

ADMIRALTY RULES - RULE 44
Duration of arrest

44. A ship or other property specified in an arrest warrant is under arrest from the time when the warrant is executed until it is lawfully released from arrest or is sold by order of the court.

ADMIRALTY RULES - RULE 45
Verification of service

45. Execution of an arrest warrant shall be verified by affidavit in accordance with Form 16.

ADMIRALTY RULES - RULE 46
Execution on any day

46. An arrest warrant may be executed on any day.

ADMIRALTY RULES - DIVISION 2
Division 2 - Custody of ships etc. under arrest

ADMIRALTY RULES - RULE 47
Custody of arrested ships and property

47. (1) Subject to these Rules, a Marshal who arrests a ship or other property has the custody of the ship or property.

(2) The Marshal shall, unless the court otherwise orders, take all appropriate steps to retain safe custody of, and to preserve, the ship or property, including:
(a) removing from the ship, or storing, cargo that is under arrest;
(b) removing cargo from a ship that is under arrest and storing it;
(c) removing, storing or disposing of perishable goods that are under arrest or are in a ship that is under arrest; and
(d) moving the ship that is under arrest.

(3) Subject to an order under paragraph 30 (2) (b) of the Act, where a ship or other property that is under arrest in a proceeding in a court is arrested in a proceeding in another court, subrule (1) only applies in relation to the later arrest after the ship or property has been lawfully released from the earlier arrest.

(4) Where, in relation to a proceeding commenced as an action in rem that is pending in a court (in this subrule called the first court):
(a) a Marshal of another court has the custody of the ship or other property; or
(b) the proceeds of the sale under the Act of the ship or property are held by another court;
the other court may make such orders as are necessary or convenient to transfer the custody of the ship or property to the Marshal of the first court or to transfer the proceeds to the first court.

ADMIRALTY RULES - RULE 48
Applications concerning arrested property

48. (1) Where a Marshal has custody of a ship or other property, the Marshal or a party may at any time apply to the court for directions with respect to the ship or property.

(2) If the Marshal who has the custody is a Marshal of a court other than the court in which the proceeding is pending, the application may be made to either court.

(3) Notice of an application, not being an application for the release from arrest of property, made by a person other than the Marshal shall be served on the Marshal.

(4) The court may order the applicant:
(a) to give notice of the application; and
(b) to give notice of the directions;
to such persons as are specified in the order.

ADMIRALTY RULES - RULE 49
Discharge

49. (1) Where:
(a) cargo on board a ship is under arrest but the ship is not; or
(b) a ship is under arrest but its cargo is not;
a person who is entitled to immediate possession of the ship or the cargo, respectively, may apply, in accordance with Form 17, to the Marshal to discharge the cargo from the ship.

(2) Where:
(a) the Marshal is satisfied that the applicant is entitled to immediate possession of the ship or cargo;
(b) the applicant gives an undertaking in writing that is satisfactory to the Marshal to pay on demand to the Marshal the fees and expenses of the Marshal in connection with the discharge; and
(c) if the Marshal so requires, the applicant indemnifies the Marshal, in a form satisfactory to the Marshal, in respect of any claim against the Marshal arising from the discharge;
the Marshal may comply with the application.

(3) Where:
(a) cargo on a ship is under arrest but the ship is not; or
(b) a ship is under arrest but its cargo is not;
the court may, on application and subject to such terms and conditions as are just, order the cargo to be discharged from the ship.

ADMIRALTY RULES - RULE 50
Preservation, management and control powers

50. The court may, at any stage of a proceeding, make appropriate orders with respect to the preservation, management or control of a ship or other property that is under arrest in the proceeding.

ADMIRALTY RULES - DIVISION 3
Division 3 - Release from arrest

ADMIRALTY RULES - RULE 51
Release by Registrar

51. (1) Where a ship or other property is under arrest in a proceeding and the Registrar is satisfied that:
(a) an amount equal to:
(i) the amount claimed; or
(ii) the value of the ship or property;
whichever is the less, has been paid into court; or
(b) a bail bond for an amount equal to:
(i) the amount claimed; or
(ii) the value of the ship or property;
whichever is the less, has been filed;
in the proceeding the Registrar may, on application in accordance with Form 18, order the release from arrest of the ship or property.

(1A) If a person pays money into court for the purposes of subrule (1), the person must:
(a) file with the court a notice in accordance with Form 17A; and
(b) serve a copy of the notice on each of the other parties to the proceeding.

(2) An order shall not be made under subrule (1) in relation to a ship or other property that has been arrested in a proceeding concerning a claim for salvage unless the value of the ship or property that is under arrest:
(a) has been agreed between the parties; or
(b) has been determined by the court.

(3) Where, in a proceeding, the party on whose application a ship or other property was arrested consents in writing to the release from arrest of the ship or property, the Registrar may order the release from arrest of the ship or property.

(4) Subject to section 29 of the Act, where:
(a) a ship or other property has been arrested in a proceeding; and
(b) the proceeding has been discontinued or dismissed;
the Registrar may order the release from arrest of the ship or property.

(5) Where a caveat against the release from arrest of the ship or other property is in force, an order shall not be made under subrule (1), (3) or (4) in relation to the ship or property unless the court so orders.

(6) The Registrar must not hear an application for the release from arrest of a ship or any property under this rule unless:
(a) the applicant for the release has given to the plaintiff notice, being notice that the Registrar is satisfied is reasonable in the circumstances, of the hearing of the application for the release; or
(b) the Registrar is satisfied that there are exceptional circumstances that justify hearing the application without giving notice to the plaintiff.

(7) If the Registrar orders under subrule (1), (3) or (4) that a ship or any property is to be released from arrest, the Registrar must give notice of the release to the Marshal in accordance with Form 19A.

ADMIRALTY RULES - RULE 52
Release from arrest by the Court

52. (1) A party to a proceeding may apply to the court in accordance with Form 19 for the release of a ship or other property that is under arrest in the proceeding.

(2) Where a caveat against release of the ship or property is in force, a copy of the application shall be served on the caveator.

(3) On an application under subrule (1), the court may order the release from arrest of the ship or property on such terms as are just.

(4) The court must not hear an application for the release from arrest of a ship or any property under this rule unless:
(a) the applicant for the release has given to the plaintiff notice, being notice that the court is satisfied is reasonable in the circumstances, of the hearing of the application for the release; or
(b) the court is satisfied that there are exceptional circumstances that justify hearing the application without giving notice to the plaintiff.

(5) If the court orders under subrule (1) that a ship or any property is to be released from arrest, the court must give notice of the release to the Marshal in accordance with Form 19A.

ADMIRALTY RULES - RULE 53
Payment of Marshal's fees and expenses

53. The Marshal may refuse to release a ship or other property from arrest in accordance with an order under this Part unless arrangements satisfactory to the Marshal have been made for the payment of the fees and expenses of the Marshal in connection with the custody of the ship or property while it was under arrest.

ADMIRALTY RULES - PART VII
PART VII - BAIL

ADMIRALTY RULES - RULE 54
Bail bonds

54. (1) Bail on behalf of a party shall be given by filing a bail bond.

(2) The bail bond shall be in accordance with Form 20, and, unless the court or a Registrar otherwise orders, shall be signed by 2 sureties.

(3) The sureties shall sign the bond before a Registrar of any court that has jurisdiction under the Act in a proceeding commenced as an action in rem or before a person before whom affidavits for use in such a court may be sworn, not being a person who, or whose partner, employer or employee, is acting as a barrister or solicitor for the party on whose behalf bail is to be given in the proceeding.

ADMIRALTY RULES - RULE 55
Notice of bail

55. (1) A party on whose behalf bail is to be given shall serve a notice of bail and a copy of the bond on each other party to the proceeding.

(2) Notice of bail shall be in accordance with Form 21.

ADMIRALTY RULES - RULE 56
Objection to bail

56. (1) A party who has been served with a notice of bail may, within 24 hours after service of the notice, file a notice of objection in accordance with Form 22 against the sufficiency of the proposed surety.

(2) The Registrar shall, on a date and at a time and place appointed by the Registrar, determine whether the proposed surety is sufficient.

(3) Not less than 24 hours before the time so appointed, notice of the hearing of the objection in accordance with Form 23, shall be served:
(a) on each other party to the proceeding; and
(b) personally upon the proposed surety.

(4) A proposed surety who has been served with a notice of the hearing of the objection under subrule (3) shall not fail to attend on the date and at the time and place so appointed, and from day to day thereafter at that time and place, unless excused by the Registrar.
Penalty:
(a) in the case of a natural person - $1,000; or
(b) in the case of a body corporate - $5,000.

(5) If the Registrar determines that the proposed surety is sufficient, then, unless the court otherwise orders, the costs of or incidental to the objection shall be paid by the party objecting.

ADMIRALTY RULES - RULE 57
Filing bonds

57. (1) Subject to subrule (2), a bail bond shall not be filed before the end of 24 hours after notice of the bail has been served under rule 55.

(2) If a party has objected to the sufficiency of a proposed surety, the bail bond shall not be filed until the Registrar has determined that the proposed surety is sufficient.

ADMIRALTY RULES - RULE 58
Sureties bound

58. A surety is bound by a bail bond from the time when the bond is filed.

ADMIRALTY RULES - RULE 59
Court may vary bail

59. (1) The court may, by order, reduce the amount of bail in respect of which a bail bond has been filed.

(2) Where the court makes an order under subrule (1), it may also make such orders as are necessary to give effect to the order.

(3) Subrules (1) and (2) do not affect any other power of the court.

ADMIRALTY RULES - RULE 60
Costs of bail

60. Subject to subrule 56 (5), the costs of and incidental to obtaining bail shall be taken to be costs in the proceeding.

ADMIRALTY RULES - PART VIII
PART VIII - LIMITATION PROCEEDINGS

ADMIRALTY RULES - RULE 61
Service on at least 1 respondent

61. (1) The applicant in a limitation proceeding shall not apply:
(a) to have the proceeding set down for hearing; or
(b) for judgment in default of appearance;
unless at least 1 of the persons named as respondents in the initiating process has been served with initiating process.

(2) An application referred to in paragraph (1) (a) or (b) shall be supported by an affidavit setting out the name and, if known to the applicant, the address, of each other person who, to the knowledge of the applicant, has, or may have, a maritime claim against the applicant arising out of or connected with the matter in respect of which liability is to be limited.

ADMIRALTY RULES - RULE 62
Advertisement of determination

62. (1) In a limitation proceeding, where persons are identified as respondents in the initiating process by reference to their being members of a specified class of persons, the court shall, after determining whether the liability of the applicant may be limited and the extent of that liability, make orders:
(a) specifying how the determination is to be advertised; and
(b) fixing a period, ending not less than 2 months after the latest day allowed for the advertisement of the determination, as the period within which a person who claims to have a maritime claim against the applicant in respect of which the applicant's liability has been determined:
(i) may prosecute that claim; or
(ii) may apply under rule 64.

(2) The advertisement of a determination shall be in accordance with Form 24.

(3) The court need not make an order under subrule (1) if the court is satisfied that all members of the class of persons concerned have been served with initiating process.

ADMIRALTY RULES - RULE 63
Effect of determination

63. Where a determination in a limitation proceeding has not been advertised under rule 62, the determination binds only persons identified as respondents in the initiating process who have been served with the initiating process.

ADMIRALTY RULES - RULE 64
Proceedings to set aside determinations

64. (1) Where, in a limitation proceeding, the determination of the limit of the applicant's liability has been advertised in accordance with rule 62, the court may, on application in accordance with Form 25 by a person who has not been served with initiating process, and on such terms and conditions as are just, vary or set aside the determination.

(2) The application may not be made after the end of the period fixed under paragraph 62 (1) (b).

(3) The application and the affidavits in support shall be served:
(a) on the applicant in the limitation proceeding; and
(b) on each respondent to that proceeding who entered an appearance in the proceeding;
not less than 7 days before the application is to be determined.

ADMIRALTY RULES - PART IX
PART IX - REFERENCE OF DAMAGES AND
ACCOUNTS TO REGISTRAR

ADMIRALTY RULES - RULE 65
References to Registrar

65. In a proceeding, the court may, on application or of its own motion, make an order referring the assessment of damages, or the taking of an account, to the Registrar.

ADMIRALTY RULES - RULE 66
Affidavits

66. (1) Where an order referred to in rule 65 is made:
(a) the party on whose application the order was made; or
(b) if there is no such party - a party specified by the court;
shall file and serve on each other party an affidavit specifying the amount claimed and how it was ascertained.

(2) The affidavit shall be served:
(a) in a limitation proceeding - within the period fixed in the order; or
(b) in any other case - within 14 days after the day on which the order was made.

(3) A party who has been served with an affidavit under subrule (1) may, within 14 days after being so served, file and serve an affidavit in reply.

(4) The Registrar may then, on application:
(a) set the reference down for hearing; and
(b) give directions in relation to the hearing.

ADMIRALTY RULES - RULE 67
Registrar to make determinations

67. (1) On a reference under this Part, the Registrar shall determine the amount payable.

(2) The determination may include orders as to the costs of and incidental to the reference.

(3) The Registrar shall cause a copy of the determination to be given to each of the parties.

(4) A determination under this rule has effect as if it were a judgment of the court in the proceeding.

ADMIRALTY RULES - RULE 68
Application to vary

68. The Court may, on application by a party made within 14 days after the day on which the copy of the determination was given to the party, confirm, vary or rescind the determination or remit the matter to the Registrar for a further determination.

ADMIRALTY RULES - PART X
PART X - VALUATION AND SALE

ADMIRALTY RULES - RULE 69
Orders for valuation and sale

69. (1) The court may, on application by a party to a proceeding and either before or after final judgment in the proceeding, order that a ship or other property that is under arrest in the proceeding:
(a) be valued;
(b) be valued and sold; or
(c) be sold without valuation.

(2) An application for valuation or sale of a ship or other property shall be in accordance with Form 26.

(3) An order for valuation or sale of a ship or other property shall be in accordance with Form 27.

(4) An application under subrule (1) constitutes an undertaking by the party who made it to pay, on demand, to the Marshal an amount equal to the amount of the fees and expenses of the Marshal in complying with the order.

(5) If the ship or property is deteriorating in value, the court may, at any stage of the proceeding, either with or without application, order it to be sold.

ADMIRALTY RULES - RULE 70
Sale

70. (1) The sale of a ship or other property ordered to be sold under rule 69 shall be conducted by the Marshal.

(2) The sale shall be by public auction unless the court otherwise directs.

ADMIRALTY RULES - RULE 71
Returns of sale etc.

71. The Marshal shall, as soon as practicable after the sale of the ship or property:
(a) file a return of sale;
(b) pay into court the proceeds of sale; and
(c) file an account of sale and documents in support of the account for taxation.

ADMIRALTY RULES - RULE 72
Taxation of Marshal's fees and expenses

72. (1) The Registrar shall tax the fees and expenses of the Marshal in connection with the valuation and sale of a ship or other property ordered to be sold.

(2) A person who is an interested person in relation to the proceeds of the sale may appear before the Registrar on the taxation.

ADMIRALTY RULES - PART XI
PART XI - PRIORITIES

ADMIRALTY RULES - RULE 73
Applications to determine priorities

73. (1) Where a ship or other property has been arrested in a proceeding, a person who has obtained a judgment in a court (including a judgment in a court of a foreign country) against the ship or property, being a judgment that is enforceable in a court of Australia, may apply to the court for determination of the order of priority of claims against the ship or property.

(2) The court may, on the application, order that notice of the application in accordance with Form 28, specifying the period within which claims may be notified, be given or published as the court directs.

(3) The determination shall not be made until after the end of the period specified in the notice.

(4) The Marshal shall file a copy of the relevant part of each publication in which the notice appeared.

ADMIRALTY RULES - RULE 74
Marshal's fees and expenses

74. The fees and expenses of the Marshal in complying with an order of a court under this Part are part of the expenses of the sale of the ship or other property.

ADMIRALTY RULES - PART XII
PART XII - MISCELLANEOUS

ADMIRALTY RULES - RULE 75
Undertakings

75. Any person who fails to comply with an undertaking given to a court under these Rules is liable for committal.

ADMIRALTY RULES - RULE 76
Wages, collision: security for costs

76. The master, or a member of the crew, of a ship who is a plaintiff in a proceeding:
(a) of the kind mentioned in paragraph 4 (3) (t) of the Act; or
(b) for loss of goods in a collision between 2 or more ships;
shall not be required to give security for costs.

ADMIRALTY RULES - RULE 77
Collision proceedings: stay pending security

77. Where, in relation to maritime claims arising out of a collision between 2 or more ships:
(a) a proceeding has been commenced as an action in rem and:
(i) a counter-claim has been made; or
(ii) a cross-action has been commenced, whether as an action
in personam or an action in rem;
(b) a ship has been arrested, or security has been given to avoid arrest, by a party; and
(c) the other party has not arrested a ship or given such security;
the court may, on application, order that the proceeding be stayed until appropriate security has been given to satisfy a judgment given in favour of the other party on the cross-action or counter-claim.

ADMIRALTY RULES - RULE 78
Marshal may make interim demands for fees and expenses

78. Where a person is liable to pay fees and expenses of a Marshal under these Rules, the Marshal:
(a) may accept an amount of money as a deposit towards discharging the liability; and
(b) may make 1 or more demands for interim payments on account of those fees or expenses.

ADMIRALTY RULES - RULE 79
Register of Admiralty proceedings

79. Each court that has, under the Act, jurisdiction in proceedings commenced as actions in rem shall maintain a register in accordance with Form 29 of all proceedings in the court commenced under the Act to be known as the Register of Admiralty Proceedings.

ADMIRALTY RULES - RULE 80
Court may give directions, vary Rules

80. (1) The court may, on application or of its own motion and on such terms as are just:
(a) give any appropriate direction with respect to a proceeding; and
(b) by order, extend or abridge any time prescribed by these Rules or by rules of court applicable to a proceeding, whether or not the time has ended.

(2) The court may, on such terms as are just, dispense with compliance with any of these Rules, either before or after the time for compliance.

ADMIRALTY RULES - RULE 81
Review of Registrar's actions

81. (1) A party to a proceeding may apply to the court for review of a decision or other act of a Registrar in the proceeding.

(2) The court may make such an order on the application as is just.

ADMIRALTY RULES - RULE 82
Instruments to be signed by Registrar, sealed

82. Each document (including a warrant) issued by or by authority of a court in a proceeding shall:
(a) be signed by the Registrar;
(b) be sealed with the seal of the court; and
(c) show the date on which it was sealed.

ADMIRALTY RULES - RULE 83
Inspection of Registers

83. Any person may inspect a Register without charge.

ADMIRALTY RULES - SCHEDULE

SCH

SCHEDULE
FORMS
Form 1 Paragraph 5 (a)
TITLE OF DOCUMENTS FOR USE IN PROCEEDINGS UNDER THE ACT
ADMIRALTY RULES
IN THE (Court1) No. of 19
IN ADMIRALTY
BETWEEN
Plaintiff2
AND
Defendant3
(or THE SHIP4 )
(or THE SHIP(S)5
AS SURROGATE(S) FOR THE SHIP4 )
(or THE SHIP4 AND THE
SHIP(S)5
AS SURROGATE(S) FOR THAT SHIP)
(or6 )
(or THE SHIP4
and
6).
1. insert name of court exercising admiralty jurisdiction
2. insert name of plaintiff
3. insert name of defendant
4. only 1 ship may be named
5. if the claim is against a surrogate ship or surrogate ships,
insert the name or names of the surrogate or surrogates
6. if the claim is against property, insert a short description
of the property
Form 6 Rule 19
(Title)
WRIT
BY THIS WRIT the plaintiff commences action against the
ship/property specified below.
DATE OF ISSUE1:
PARTICULARS OF SHIP/PROPERTY2: 3
AMOUNT CLAIMED OR OTHER RELIEF SOUGHT4:
PARTICULARS OF CLAIM5:
RELEVANT PERSON6:
TO THE DEFENDANT:
If you want to defend this claim, you must, within 21 days after
this writ is served on you, file an appearance.
You may also pay an amount into court.
ADDRESS OF PLAINTIFF:
ADDRESS FOR SERVICE ON THE PLAINTIFF7:
1. plaintiff to insert the date on which this writ is issued by
the court
2. strike out whichever is not applicable
3. if the claim is against a ship, insert name of ship and port
of registry; if the claim is against other property, insert
description of property
4. insert amount claimed or other order sought
5. give enough short particulars of the claim to identify the
cause of action
6. refer to rule 15 and specify the relevant person in relation
to the claim, if known to the plaintiff
7. the address at which notices for the plaintiff may be served,
if different from the plaintiff's actual address
Form 12 Subrule 39 (1)
(Title)
APPLICATION FOR ARREST WARRANT
Please issue a warrant for the arrest of .
(for a ship, insert name of ship and port of registry; if other
property, describe property)
I undertake to pay the fees and expenses of the Marshal in
complying with this application.
Form 16 Rule 45
(Title)
AFFIDAVIT OF EXECUTION OF ARREST WARRANT
1. I am 1.
2. The arrest warrant a copy of which is annexed to this
affidavit and marked "A" was executed by me on 2
on 3 at 4.
3. The warrant was executed by 5.
1. insert description of deponent
2. insert name of ship or description of property arrested
3. insert date and time of arrest
4. insert place of arrest
5. describe method of execution of warrant, for example, "by
affixing the warrant to a conspicuous part of the ship,
namely.........................."
Form 17A Paragraph 51 (1A) (a)
(Title)
NOTICE OF PAYMENT INTO COURT
Ship/Property1: 2
Person making payment: 3
Relationship with ship/property:1 4
I have paid into Court $ 5 to secure the
release of 2.
1. strike out whichever is not applicable
2. for a ship, insert name of ship; for other property, insert
description of property
3. insert short name and short description of person making the
payment
4. insert short description of interest
5. insert amount of payment
Form 19A Subrules 51 (7)
and 52 (5)
(Title)
NOTICE OF RELEASE FROM ARREST
To the Marshal:
Ship/Property1: 2
Date and time of arrest: 3
Place of arrest: 4
Release 2 from the arrest executed under the
arrest warrant issued on 5.
1. strike out whichever is not applicable
2. for a ship, insert name of ship; for other property, insert
description of property
3. insert date and time of arrest of ship or property
4. insert place of arrest
5. insert the date of issue of the relevant arrest warrant