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Admiralty Rules 1988

Authoritative Version
  • - F2006C00738
  • In force - Superseded Version
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SR 1988 No. 269 Rules/Court & Tribunal Rules as amended, taking into account amendments up to SLI 2006 No. 287
Principal Rules
Administered by: Attorney-General's
Registered 21 Nov 2006
Start Date 18 Nov 2006
End Date 06 Aug 2013
Table of contents.

Admiralty Rules 1988

Statutory Rules 1988 No. 269 as amended

made under the

This compilation was prepared on 18 November 2006
taking into account amendments up to SLI 2006 No. 287

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

Part I                     Preliminary                                                                 

                        1     Name of Rules [see Note 1]                                              7

                        2     Commencement                                                              7

                        3     Interpretation                                                                   7

                        4     Marshal and Registrar                                                      8

                        5     Headings of documents                                                    9

                      5A     Service of certain documents and notices                          9

                        6     Operation of these Rules                                                  9

                      6A     Relief from rules                                                             10

Part II                    Caveats                                                                       

Division 1                Caveats against arrest                                                    

                        7     Caveats against arrest                                                    11

                        8     Undertaking by caveator                                                 11

                        9     Caveator to give bail                                                       12

Division 2                Caveats against release                                                 

                       10     Caveats against release                                                  13

                       11     Caveats may be set aside                                               13

Division 3                General                                                                          

                       12     Caveats in force for 12 months                                        13

                       13     Withdrawal of caveats                                                     13

                       14     Registers                                                                      13

Part III                   Parties                                                                         

                       15     Actions in rem: parties                                                   14

                       16     Actions in rem: ship or property                                       14

                       17     Amendment of process                                                   14

Part IV                  Process                                                                       

Division 1                Initiating process                                                            

                       18     Separate commencement of in rem and in personam actions  15

                       19     Initiating process                                                            15

                       20     Validity of initiating process                                            15

                       21     Limitation proceedings                                                    15

Division 2                Statements of claim                                                       

                       22     Statements of claim                                                       16

Division 3                Appearance                                                                   

                       23     Appearance                                                                   16

Division 4                Preliminary acts                                                             

                       24     Application                                                                    17

                       25     Preliminary acts                                                             17

                       26     Preliminary acts to be sealed                                          17

                       27     Default in filing preliminary act                                         18

                       28     Opening of preliminary acts                                             18

Division 5                Trial without pleadings                                                  

                       29     Trial without pleadings                                                    18

Part V                   Service of initiating process                                  

                       30     Service of initiating process on ships and other property    19

                       31     Service of initiating process on proceeds                          19

                       32     Service upon caveator                                                     20

                       33     Service by Marshal                                                         20

                       34     Substituted service                                                         20

                       35     Service on any day                                                         20

                       36     Service of amended process                                           20

                       37     Acceptance of service                                                    21

                       38     Substituted service of statement of claim                         21

Part VI                  Arrest                                                                           

Division 1                Arrest of ships and other property                                  

                       39     Application for warrant                                                    22

                    39A     Disclosure of matters affecting safety                               22

                       40     Issue of warrant                                                             23

                       41     Marshal’s costs and expenses                                        23

                       42     Period of validity                                                             24

                       43     Execution of arrest warrants                                            24

                       44     Duration of arrest                                                           25

                       45     Verification of service                                                      25

                       46     Execution on any day                                                     25

Division 2                Custody of ships etc under arrest                                   

                       47     Custody of arrested ships and property                            25

                       48     Applications concerning arrested property                        26

                    48A     Provision of information by Marshal                                  27

                       49     Discharge                                                                      27

                       50     Preservation, management and control powers                 28

Division 3                Release from arrest                                                        

                       51     Release by Registrar                                                      28

                       52     Release from arrest by the Court                                     30

                       53     Marshal’s costs and expenses                                        31

Part VII                 Bail                                                                               

                       54     Bail bonds                                                                     32

                       55     Notice of bail                                                                 32

                       56     Objection to bail                                                             33

                       57     Filing bonds                                                                   34

                       58     Sureties bound                                                              35

                       59     Court may vary bail                                                        35

                       60     Costs of bail                                                                  35

Part VIII                Limitation proceedings                                           

                       61     Service on at least 1 respondent                                      36

                       62     Advertisement of determination                                        36

                       63     Effect of determination                                                    37

                       64     Proceedings to set aside determinations                          37

Part IX                  Reference of damages and accounts to Registrar       

                       65     References to Registrar                                                  38

                       66     Affidavits                                                                       38

                       67     Registrar to make determinations                                    38

                       68     Application to vary                                                          39

Part X                   Valuation and sale                                                    

                       69     Orders for valuation and sale                                           40

                       70     Sale                                                                              40

                       71     Returns of sale etc                                                         40

Part XI                  Priorities                                                                      

                       73     Applications to determine priorities                                  42

                       74     Marshal’s costs and expenses                                        42

Part XII                 Miscellaneous                                                           

                  74AA     Definitions for this Part                                                   43

                       75     Undertakings                                                                 44

                    75A     Undertakings by a law practice                                        44

                    75B     Use of clean bonds                                                        45

                    75C     Orders relating to undertakings and securities                  45

                       76     Wages, collision: security for costs                                 45

                       77     Collision proceedings: stay pending security                    46

                       78     Marshal may make interim demands for costs and expenses  46

                    78A     Marshal’s costs and expenses: aid to other courts            46

                    78B     Taxation of Marshal’s costs and expenses                       47

                       79     Register of Admiralty proceedings                                   47

                       80     Court may give directions, vary Rules                               47

                       81     Review of Registrar’s actions                                           48

                       82     Instruments to be signed by Registrar, sealed                  48

                       83     Inspection of Registers                                                   48

Schedule                Forms                                                                          49

Form 1                     Title of documents for use in proceedings under the Act    49

Form 2                     Caveat against arrest of ship or other property                  50

Form 3                     Australian legal practitioner’s undertaking                         51

Form 4                     Caveat against release from arrest of ship or other property 51

Form 5                     Withdrawal of caveat                                                      52

Form 6                     Writ                                                                              53

Form 7                     Statement of claim: limitation proceeding                         54

Form 8                     Statement of claim: action in rem                                    55

Form 9                     Appearance                                                                   55

Form 10                   Preliminary act                                                              56

Form 11                   Preliminary act                                                              58

Form 12                   Application for arrest warrant                                           60

Form 13                   Affidavit to support application for arrest warrant                60

Form 14                   Arrest warrant                                                                61

Form 15                   Request not to execute arrest warrant                              62

Form 16                   Affidavit of execution of arrest warrant                              62

Form 17                   Application for discharge                                                 63

Form 17A                 Notice of payment into Court                                           64

Form 18                   Application to registrar for release of ship or other property 65

Form 19                   Application to Court for release of ship or other property    66

Form 19A                 Notice of release from arrest                                           67

Form 20                   Bail bond                                                                       67

Form 21                   Notice of bail                                                                 68

Form 22                   Notice of objection to surety                                            68

Form 23                   Notice of hearing of objection to bail                                 69

Form 24                   Advertisement of application to limit liability limitation of shipowner’s liability     70

Form 25                   Application to vary or set aside determination limiting liability  71

Form 26                   Application for valuation or sale of ship or other property    72

Form 27                   Order for valuation or sale of ship or other property            72

Form 28                   Notice of application to determine priorities                       73

Form 29                   Register of admiralty proceedings                                    74

Notes                                                                                                          76

 


  

  

Part I                  Preliminary

  

1              Name of Rules [see Note 1]

                These Rules are the Admiralty Rules 1988.

2              Commencement

                These Rules commence on 1 January 1989.

3              Interpretation

         (1)   In these Rules:

Act means the Admiralty Act 1988.

amount claimed includes an amount in respect of interest and costs.

arrest warrant means a warrant for the arrest of a ship or other property.

Australian legal practitioner means a person who is admitted to the legal profession in Australia and who holds a current practising certificate.

authorised deposit‑taking institution has the meaning given by subsection 5 (1) of the Banking Act 1959.

caveator, in relation to a caveat, means the person by whom, or on whose behalf, the caveat was filed.

costs, in relation to a proceeding, includes:

                (a)    a party’s reasonable costs of the proceeding; and

               (b)    if relevant, any amount the party has paid, or is liable to pay, to the court or the Marshal in relation to the arrest, custody, preservation, discharge, release or sale of a ship or other property.

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.

         (2)   In these Rules, 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.

4              Marshal and Registrar

         (1)   If, 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 must 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)   If, 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)   If, 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) if 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.

5              Headings of documents

                A document to be filed in, or issued out of, a court in a proceeding:

                (a)    must include in the heading of the document a title in accordance with Form 1; and

               (b)    must identify the proceeding in accordance with the Rules of Court concerned.

5A           Service of certain documents and notices

         (1)   Subject to subrule (2), this rule applies to the service of documents for the purposes of the Act or these Rules.

         (2)   This rule does not apply to the service of:

                (a)    initiating process; or

               (b)    arrest warrants.

         (3)   A document may be served by electronic facsimile message transmitted to a receiving facility installed at the address at which the document would otherwise have been served for the purposes of the Act or these Rules.

         (4)   A reference to a document in subrule (3) includes a reference to a document that is to be given to a person to enable the person to exercise a power, or perform a function, for the purposes of the Act or these Rules.

6              Operation of these Rules

         (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)   If 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.

6A           Relief from rules

                The court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.


 

Part II                 Caveats

Division 1              Caveats against arrest

7              Caveats against arrest

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

         (2)   The caveat must 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 must 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)    an authorised deposit‑taking institution.

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

8              Undertaking by caveator

         (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.

9              Caveator to give bail

         (1)   This rule applies if:

                (a)    a caveat against the arrest of a ship or other property is in force; and

               (b)    under these Rules, initiating process in a proceeding has been served on the caveator; and

                (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 must, 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)    is taken to have failed to appear in the proceeding within the time specified for appearing; and

               (b)    is liable for committal.

Division 2              Caveats against release

10            Caveats against release

                If 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.

11            Caveats may be set aside

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

Division 3              General

12            Caveats in force for 12 months

         (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.

13            Withdrawal of caveats

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

14            Registers

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


 

Part III                 Parties

  

15            Actions in rem: parties

         (1)   Initiating process in a proceeding commenced as an action in rem must 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.

16            Actions in rem: ship or property

         (1)   Initiating process in a proceeding commenced as an action in rem must 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 must also be identified in the initiating process.

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

17            Amendment of process

         (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)   If process in a proceeding is amended by substituting for a ship another ship, the proceeding is 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.


 

Part IV                Process

Division 1              Initiating process

18            Separate commencement of in rem and in personam actions

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

19            Initiating process

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

20            Validity of initiating process

                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.

21            Limitation proceedings

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

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

         (3)   At least 1 of the respondents to the limitation proceeding must 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.

Division 2              Statements of claim

22            Statements of claim

         (1)   In a proceeding commenced as an action in rem, the plaintiff must, 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 must be in accordance with the Rules of Court concerned.

         (3)   The time within which the statement of claim must 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.

Division 3              Appearance

23            Appearance

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

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

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

Division 4              Preliminary acts

24            Application

         (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.

25            Preliminary acts

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

         (2)   The preliminary act must 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 must 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 must comply with subrule (1) within 7 days after the commencement of the proceeding; and

               (b)    another party must comply with subrule (1) within 28 days after entering an appearance and before filing a pleading.

26            Preliminary acts to be sealed

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

27            Default in filing preliminary act

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

         (2)   If 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.

28            Opening of preliminary acts

         (1)   Subject to subrule (2), the Registrar must 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.

Division 5              Trial without pleadings

29            Trial without pleadings

                If 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.


 

Part V                 Service of initiating process

  

30            Service of initiating process on ships and other property

         (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;

must 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 must 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.

31            Service of initiating process on proceeds

                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 must be served by filing a sealed copy of the process in the court in which the proceeds are held.

32            Service upon caveator

                If:

                (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 must 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.

33            Service by Marshal

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

34            Substituted service

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

35            Service on any day

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

36            Service of amended process

                If initiating process in a proceeding commenced as an action in rem has been amended, the amended process must, 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.

37            Acceptance of service

         (1)   This rule applies if, in a proceeding commenced as an action in rem against a ship or other property, an Australian legal practitioner acting for a defendant in the proceeding or for 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.

         (2)   The process or instrument may be served on the Australian legal practitioner in any way in which other process of the court may be served on the Australian legal practitioner instead of being served in accordance with rule 30, 31, 32 or 36, as the case may be.

38            Substituted service of statement of claim

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


 

Part VI                Arrest

Division 1              Arrest of ships and other property

39            Application for warrant

         (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 must be supported by an affidavit of the applicant or of an Australian legal practitioner or agent of the applicant.

         (3)   The affidavit must be in accordance with Form 13 and must set out particulars of the claim and any necessary facts that would entitle an action in rem to be brought, in accordance with the Act, in respect of the claim.

Note   A caveator or interested person may apply for an order that an
arrest warrant be discharged for failure to comply with this rule (see subrule 43 (8)).

39A         Disclosure of matters affecting safety

         (1)   This rule applies to the following parties to a proceeding commenced as an action in rem:

                (a)    a party who has applied, under rule 39, for an arrest warrant in respect of the ship or other property against which the proceeding was commenced;

               (b)    a party appearing in the proceeding after the execution of the arrest warrant.

         (2)   Each party must disclose to the Marshal any fact or matter:

                (a)    that the party is aware of; and

               (b)    that could affect the safety of the Marshal or any other person, or the ship or any other property, in, or in relation to, the arrest or custody of the ship or property.

         (3)   The disclosure under subrule (2) must be made as soon as possible after the party becomes aware of the fact or matter and before the ship or property is released from arrest.

40            Issue of warrant

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

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

         (3)   Except by leave of the court, an arrest warrant must 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.

41            Marshal’s costs and expenses

         (1)   An application for an arrest warrant constitutes an undertaking to the court:

                (a)    if the application is made by the applicant personally — by the applicant; or

               (b)    if the application is made by an Australian legal practitioner on behalf of the applicant — by the Australian legal practitioner; or

                (c)    if the application is made by any other agent of the applicant — by the applicant;

to pay to the Marshal, on demand, an amount equal to the amount of the costs and expenses of the Marshal in relation to the arrest, including costs and expenses in relation to the ship or other property while it is under arrest.

         (2)   In addition to any undertaking, the Marshal may demand from the applicant payment of an amount of money that the Marshal considers necessary as a deposit to enable the Marshal to discharge his or her duties effectively in relation to the arrest, including duties while the ship or other property is under arrest.

42            Period of validity

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

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

43            Execution of arrest warrants

         (1)   The execution of an arrest warrant must be undertaken by the Marshal.

      (1A)   The affidavit in support of the application for the arrest warrant must be served at the same time the arrest warrant is executed.

         (2)   The arrest warrant must be executed, and the affidavit served, in the same way as initiating process is served.

         (3)   An arrest warrant must 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 must not execute an arrest warrant if the applicant so requests or the court so orders.

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

         (7)   If 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.

         (8)   A caveator or interested person may apply to the court for an order that the arrest warrant be discharged because of a failure to comply with rule 39 in relation to the application for the arrest warrant.

44            Duration of arrest

                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.

45            Verification of service

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

46            Execution on any day

                An arrest warrant may be executed on any day.

Division 2              Custody of ships etc under arrest

47            Custody of arrested ships and property

         (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 must, 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, if 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)   If, 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.

48            Applications concerning arrested property

         (1)   If 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 must be served on the Marshal.

         (4)   The court may order the applicant:

                (a)    to serve notice of the application; and

               (b)    to serve notice of the directions;

on such persons as are specified in the order.

48A         Provision of information by Marshal

         (1)   This rule applies if:

                (a)    an arrest warrant that specifies a ship or other property has been issued; and

               (b)    the Marshal receives a written request for information in relation to the arrest from:

                          (i)    a party; or

                         (ii)    if a caveat against release of the ship is, at the time of the request, in force — the caveator.

         (2)   Unless the Marshal is satisfied that the request is unreasonable, the Marshal must, as far as reasonably practicable, inform the party or caveator about the following matters in relation to the arrest:

                (a)    the status of the arrest;

               (b)    the costs and expenses of the Marshal;

                (c)    other anticipated costs and expenses of the Marshal;

               (d)    any anticipated demands under rule 78 for a deposit towards, or interim payments on account of, costs and expenses.

         (3)   If the Marshal does not respond to the request, the party or caveator may apply to the court for a direction that the Marshal must provide the information mentioned in subrule (2).

         (4)   The costs and expenses of the Marshal in responding to the request:

                (a)    form part of the Marshal’s costs and expenses in relation to the arrest of the ship or other property; and

               (b)    must, unless the Court orders otherwise, be met by the party or caveator who made the request.

49            Discharge

         (1)   If:

                (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)   If:

                (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 costs 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)   If:

                (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.

50            Preservation, management and control powers

                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.

Division 3              Release from arrest

51            Release by Registrar

         (1)   If 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 must 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)   If, 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, if:

                (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)   If a caveat against the release from arrest of the ship or other property is in force, an order must 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.

52            Release from arrest by the Court

         (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)   If a caveat against release of the ship or property is in force, a copy of the application must 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.

53            Marshal’s costs and expenses

         (1)   An application under rule 51 or 52 for the release from arrest of a ship or other property constitutes an undertaking to the court:

                (a)    if the application is made by the applicant personally — by the applicant; or

               (b)    if the application is made by an Australian legal practitioner on behalf of the applicant — by the Australian legal practitioner; or

                (c)    if the application is made by any other agent of the applicant — by the applicant;

to pay to the Marshal, on demand, an amount equal to the amount of the Marshal’s costs and expenses in connection with the custody of the ship or property while it was under arrest, including the costs and expenses associated with the release from arrest of the ship or property.

         (2)   The Marshal may refuse to release a ship or other property from arrest unless arrangements satisfactory to the Marshal have been made for the payment of the costs and expenses mentioned in subrule (1).


 

Part VII               Bail

  

54            Bail bonds

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

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

         (3)   The sureties must sign the bond before:

                (a)    a Registrar of any court that has jurisdiction under the Act in a proceeding commenced as an action in rem; or

               (b)    a person before whom affidavits for use in such a court may be sworn, other than:

                          (i)    a person who is acting as an Australian legal practitioner for the party on whose behalf bail is to be given in the proceeding; or

                         (ii)    a person whose partner, employer or employee, is acting as an Australian legal practitioner for the party on whose behalf bail is to be given in the proceeding.

         (4)   A partnership or corporation carrying on business in the jurisdiction in which the proceeding is commenced may act as a surety.

         (5)   If both sureties signing the bond under subrule (3) are corporations, the corporations must not be related bodies corporate within the meaning of section 9 of the Corporations Act 2001.

55            Notice of bail

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

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

56            Objection to bail

         (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 must, 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, must be served:

                (a)    on each other party to the proceeding; and

               (b)    personally upon the proposed surety.

      (3A)   Before the date appointed by the Registrar under subrule (2), the proposed surety must file and serve on each other party
to the proceeding an affidavit regarding its financial circumstances.

      (3B)   The affidavit must set out at least the following matters:

                (a)    the proposed surety’s current and non‑current assets and liabilities (including contingent liabilities);

               (b)    current proceedings in which the proposed surety is a party;

                (c)    whether, in the 5 years before the date of the affidavit, the proposed surety has been the subject of any demand under a law relating to bankruptcy or insolvency;

               (d)    whether, in the 5 years before the date of the affidavit, the proposed surety has been made bankrupt, placed in administration or receivership or has been the subject of bankruptcy or winding up proceedings or of a garnishee order.

      (3C)   The Registrar may direct the proposed surety to file and serve
a supplementary affidavit setting out additional information regarding:

                (a)    the proposed surety’s financial circumstances; or

               (b)    other circumstances relating to the proposed surety’s sufficiency;

as the Registrar considers appropriate.

         (4)   A proposed surety who has been served with a notice of the hearing of the objection under subrule (3) must 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:   10 penalty units.

      (4A)   The Registrar may:

                (a)    adjourn from time to time the hearing appointed under subrule (2); and

               (b)    allow the proposed surety or a party to the proceeding to file and serve additional affidavit material regarding the sufficiency of the proposed surety; and

                (c)    give directions regarding such matters as the Registrar considers appropriate.

      (4B)   If a material adverse change occurs in relation to a matter or circumstance mentioned in an affidavit filed under this rule, the proposed surety must, within 7 days after that change occurs, file and serve on each other party to the proceeding another affidavit setting out the changed details in relation to the matter.

         (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 must be paid by the party objecting.

57            Filing bonds

         (1)   Subject to subrule (2), a bail bond must 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 must not be filed until the Registrar has determined that the proposed surety is sufficient.

58            Sureties bound

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

59            Court may vary bail

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

         (2)   If 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.

60            Costs of bail

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


 

Part VIII              Limitation proceedings

  

61            Service on at least 1 respondent

         (1)   The applicant in a limitation proceeding must 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) must 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.

62            Advertisement of determination

         (1)   In a limitation proceeding, if persons are identified as respondents in the initiating process by reference to their being members of a specified class of persons, the court must, 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 must 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.

63            Effect of determination

                If 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.

64            Proceedings to set aside determinations

         (1)   If, 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 must 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.


 

Part IX                Reference of damages and accounts to Registrar

  

65            References to Registrar

                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.

66            Affidavits

         (1)   If 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;

must file and serve on each other party an affidavit specifying the amount claimed and how it was ascertained.

         (2)   The affidavit must 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.

67            Registrar to make determinations

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

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

         (3)   The Registrar must 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.

68            Application to vary

                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.


 

Part X                 Valuation and sale

  

69            Orders for valuation and sale

         (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 must be in accordance with Form 26.

         (3)   An order for valuation or sale of a ship or other property must 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 costs 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.

70            Sale

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

         (2)   The court may direct that the sale be by auction, public tender or any other method.

71            Returns of sale etc

                The Marshal must, 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.


 

Part XI                Priorities

  

73            Applications to determine priorities

         (1)   If 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 must not be made until after the end of the period specified in the notice.

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

74            Marshal’s costs and expenses

                The costs 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.


 

Part XII               Miscellaneous

  

74AA      Definitions for this Part

                In this Part:

incorporated legal practice means a corporation that engages in legal practice in Australia, whether or not it also provides services that are not legal services.

law firm means a partnership consisting only of:

                (a)    Australian legal practitioners; or

               (b)    one or more Australian legal practitioners and one or more Australian‑registered foreign lawyers.

law practice means:

                (a)    a law firm; or

               (b)    a multi‑disciplinary partnership; or

                (c)    an incorporated legal practice.

legal practitioner director means a director of an incorporated legal practice who is an Australian legal practitioner holding an unrestricted practising certificate.

legal practitioner partner means a partner of a multi-disciplinary partnership who is an Australian legal practitioner holding an unrestricted practising certificate.

multi‑disciplinary partnership means a partnership between one or more Australian legal practitioners and one or more persons who are not Australian legal practitioners, where the business of the partnership includes the provision of legal services in Australia as well as other services.

principal, of a law practice, means an Australian legal practitioner who is:

                (a)    in the case of a law firm — a partner; or

               (b)    in the case of a multi‑disciplinary partnership — a legal practitioner partner; or

                (c)    in the case of a incorporated legal practice — a legal practitioner director.

75            Undertakings

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

75A         Undertakings by a law practice

         (1)   If a provision of these Rules requires or provides for an Australian legal practitioner to give an undertaking, the court or the Registrar may instead accept an undertaking given by a law practice if the undertaking is signed by a principal authorised by the law practice to give such an undertaking.

         (2)   If, under a provision of these Rules, the making of an application by an Australian legal practitioner on behalf of an applicant constitutes an undertaking given by the Australian legal practitioner, the undertaking is taken to be given by the law practice for which the Australian legal practitioner works if a principal authorised by the law practice to give such an undertaking gives to the court a written undertaking to that effect.

         (3)   If an undertaking is given, or taken to be given, by a law practice in accordance with subrule (1) or (2), any personal undertaking to the court (in accordance with these Rules or otherwise) by a principal is taken to be an undertaking by the principals of the law practice at the time the undertaking is given or taken to be given.

         (4)   On application by one or more principals or former principals of the law practice referred to in subrule (1) or (2), the court may add the name of a principal to, or delete the name of a principal or former principal from, the list of principals of the law practice that is subject to the undertaking.

         (5)   The court may add or delete the name of a principal or former principal on such terms, and with effect from a date, that the court considers appropriate.

75B         Use of clean bonds

         (1)   Subrule (2) applies if, in an application under these Rules:

                (a)    an undertaking is required to be given, or is constituted, to pay the costs and expenses of the Marshal; and

               (b)    the person required to give, or who is taken to have given, the undertaking, or the law practice that may give the undertaking, offers an irrevocable, unconditional bank bond or guarantee that is:

                          (i)    issued by an authorised deposit‑taking institution; and

                         (ii)    payable, on demand and either generally or specifically, in favour of the Marshal.

         (2)   If the court is satisfied in relation to the bond or guarantee and its amount, and any other matter relevant to the undertaking, the court may, either generally or on terms, make an order:

                (a)    varying or dispensing with any rule or other requirement providing for a personal undertaking; or

               (b)    releasing the person required to give, or who is taken
to have given, the undertaking, or the law practice that may give the undertaking, from the undertaking, with or without conditions.

75C         Orders relating to undertakings and securities

         (1)   This rule applies if the court accepts more than one undertaking or security in relation to the Marshal’s costs and expenses.

         (2)   The court may make directions and orders in relation to:

                (a)    the just and fair allocation of responsibilities between those undertakings or securities; and

               (b)    if appropriate, the release of a person from an undertaking, with or without conditions.

76            Wages, collision: security for costs

                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;

must not be required to give security for costs.

77            Collision proceedings: stay pending security

                If, 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.

78            Marshal may make interim demands for costs and expenses

                If a person is liable to pay the costs and expenses of a Marshal under these Rules, the Marshal:

                (a)    may demand or accept an amount of money that the Marshal considers reasonable as a deposit towards discharging the liability; and

               (b)    may make 1 or more demands for interim payments on account of those costs and expenses.

78A         Marshal’s costs and expenses: aid to other courts

         (1)   If a Marshal of a court having jurisdiction under the Act acts in aid of another court having jurisdiction under the Act (the second court), the costs and expenses incurred by the Marshal in doing so form part of the costs and expenses of the Marshal of the second court.

         (2)   The Marshal may:

                (a)    take any step the Marshal would otherwise have been able to take under these Rules in aid of the second court; and

               (b)    request and obtain from the Marshal of the second court reimbursement of all the costs and expenses incurred in aiding the second court.

Note   Under rule 78B, the costs and expenses incurred by the Marshal in acting in aid of the second court are fully recoverable without taxation.

78B         Taxation of Marshal’s costs and expenses

         (1)   Unless the court orders otherwise, the Marshal’s costs and expenses are not subject to taxation.

         (2)   If the Marshal’s costs and expenses are taxed under an order, the taxing officer must allow all the Marshal’s costs and expenses other than those costs and expenses that the taxing officer considers have been incurred unreasonably or otherwise than in good faith.

79            Register of Admiralty proceedings

                Each court that has, under the Act, jurisdiction in proceedings commenced as actions in rem must 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.

80            Court may give directions, vary Rules

         (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.

81            Review of Registrar’s actions

         (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.

82            Instruments to be signed by Registrar, sealed

                Each document (including a warrant) issued by or by authority of a court in a proceeding must:

                (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.

83            Inspection of Registers

                Any person may inspect a Register without charge.

 


Schedule           Forms

(paragraph 5 (a))

Form 1        Title of documents for use in proceedings under the Act

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 2        Caveat against arrest of ship or other property

(subrule 7 (1))

(Title)

CAVEAT AGAINST ARREST OF SHIP OR OTHER PROPERTY

       Ship/property1:            2

       Caveat by:          3

       Relationship with ship/property1:                 4

       Caveat expires:           5

       Amount for which caveat entered: $                  6

       Kind of proceeding to which caveat applies:                     7

       Address for service of caveator:            8

       If a proceeding to which this caveat applies is commenced against the ship/property1 in any Australian court, I undertake to:

       (a)   enter an appearance in the proceeding; and

       (b)   comply with any obligations as to bail or payment into court under          rule 9 of the Admiralty Rules;

within 3 days after being served with initiating process in the proceeding.

 

1.      strike out whichever is not applicable

2.      if ship, insert name of ship and port of registry; if other property, insert       description of property

3.      insert name of applicant

4.      insert short particulars of relationship

5.      if caveat to be in force for less than 12 months, specify time, but not less than

7.      days

6.      insert amount

7.      list kinds of proceedings to which caveat applies, for example, “All               proceedings”, “Any proceeding on a claim referred to in subsection 4 (2) or              paragraph 4 (3) (a) to (g) (inclusive) of the Admiralty Act 1988” or as                appropriate

8.      insert address for service

 

Form 3        Australian legal practitioner’s undertaking

(subrule 7 (3))

(Title)

AUSTRALIAN LEGAL PRACTITIONER’S UNDERTAKING

(To be endorsed on the caveat)

If a proceeding to which this caveat applies is commenced against the ship/property1 in any Australian court, I undertake that the caveator on whose behalf the caveat is filed will:

       (a)   enter an appearance in the proceeding; and

       (b)   comply with the obligations as to bail or payment into court under rule 9 of the Admiralty Rules 1988;

within 3 days after being served with initiating process in the proceeding.

1.      strike out whichever is not applicable

Form 4        Caveat against release from arrest of ship or other property

(rule 10)

(Title)

CAVEAT AGAINST RELEASE FROM ARREST OF SHIP OR OTHER PROPERTY

       Ship/property1, 2

       Caveat by:        3

         4Relationship with ship/property1:                  5

       Address for service of caveator:            6

 

1.      strike out whichever is not applicable

2.      if ship, insert name of ship and port of registry; if other property, describe property; if the ship/property has not been sold but may be sold by order of the        Court, add “or the proceeds of sale of that ship/property (as appropriate)”

3.      insert name

4.      complete only if caveator not a party to the proceeding in which the ship or              property was arrested

5.      insert short particulars of relationship

6.      insert address for service

Form 5        Withdrawal of caveat

(rule 13)

(Title)

WITHDRAWAL OF CAVEAT

       Ship/property1,2

       Date caveat filed:          3

       I,          4, withdraw the caveat against the arrest/release1 of the ship/property1.

 

1.      strike out whichever is not applicable

2.      insert name of ship or description of property

3.      insert date of filing caveat

4.      insert name

Form 6        Writ

(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 7        Statement of claim: limitation proceeding

(subrule 21 (2))

(Title)

STATEMENT OF CLAIM: LIMITATION PROCEEDING

1.  I,            1, am the             2.

2.  The respondent,                 3, is                4,5.

3.  On            6, 7.

4.  I claim to be entitled to limit my liability arising out of these circumstances on the following grounds:      8

5.  I therefore seek the following orders:                        9

 

1.      insert name and address of applicant

2.      insert relationship of applicant with ship and specify name and port of registry of    ship

3.      insert name and address of respondent

4.      set out the relationship of the defendant with the circumstances out of which the      liability in respect of which the applicant claims to be entitled to limit liability          arose

5.      repeat paragraph 2 for each defendant named as defendant, numbering the               paragraphs 2A, 2B, etc.

6.      insert date of circumstances out of which the liability in respect of which the             applicant claims to be entitled to limit liability arose

7.      give short, factual description of circumstances out of which the liability in               respect of which the applicant claims to be entitlied to limit liability arose

8.      set out short statement of grounds for limiting liability

9.      set out precise orders sought

Form 8        Statement of claim: action in rem

(subrule 22 (2))

(Title)

STATEMENT OF CLAIM: ACTION IN REM

       1.              1

       2. I claim the following relief:          2

       PARTICULARS            3:

TO THE DEFENDANT:

If you want to defend this claim, you must, within 21 days after this statement of claim is served on you, file an appearance.

You may also pay an amount into court.

 

1.      set out the facts giving rise to the claim; do not refer to evidence; the matter              should be put into paragraphs, numbered consecutively and set out as briefly as            convenient; unduly long pleadings may be penalised by costs

2.      set out precisely the relief or orders sought

3.      set out particulars of any injuries suffered

Form 9        Appearance

(subrule 23 (2))

(Title)

APPEARANCE

       1.            1appears.

       2.  My relationship with the ship/property2 against which this proceeding has been commenced is as follows:   3

       3.  My address for service is:              4

 

1.      insert name

2.      strike out whichever is not applicable

3.      insert short particulars of relationship

4.      insert address for service

Form 10      Preliminary act

(paragraph 25 (2) (a))

(Title)

PRELIMINARY ACT

(Collision between 2 or more ships)

Preliminary act of plaintiff/defendant1

       1.     Date of collision:

       2.     Time of collision:

       3.     Place of collision:

       4.     Names of ships that came into collision:

       5.     In relationship to ship of the party filing this preliminary act:

       (a)   name of ship:

       (b)   port of registry:

       (c)   the name of master at time of collision:

       (d)   name and address of person in command at the time of the collision and in the period immediately before the collision:

       (e)   name and address of persons on the bridge at the time of the collision and in the period immediately before the collision.

       (f)    name and address of persons keeping a lookout at the time of the collision and in the period immediately before the collision:

       (g)   course, or, if the ship was stationary, heading (specify which) at the time when the other ship was first seen or immediately before any measures were taken with reference to its presence (whichever was the earlier):

       (h)   speed at the time when when the other ship was first seen or immediately before any measures were taken with reference to its presence (whichever was the earlier):

       (j)    alterations made to course after the earlier of the times referred            to in paragraph (g) and before the time of the collision, and when made:

       (k)   alterations made to speed after the earlier of the times referred to in paragraph (h) and before the time of the collision, and when made:

       (m)  other measures taken to avoid the collision, and when taken:

       (n)   sounds or other signals given, and when given:

       (o)   lights carried:

       6.     In relation to each other ship involved in the collision2:

       (a)   name of ship:

       (b)   its distance and bearing at the time when its echo was first observed by radar by a person on the ship of the party filing the preliminary act:

       (c)   its distance, bearing and approximate heading when first seen by a person on the ship of the party filing the preliminary act:

       (d)   the lights it was showing when first seen by a person on the ship of the party filing the preliminary act:

       (e)   the lights it was showing after that time but before the collision:

       (f)    the alterations made to its course after it was first seen by a person on the ship of the party filing the preliminary act, and when        they were made:

       (g)   the alterations made to its speed after it was first seen by a person on the ship of the party filing the preliminary act, and when they were made:

       (h)   the other measures that it took to avoid the collision, and when   they were taken:

       (j)    the sounds or other signals that it gave, and when they were given:

       7.     The state of the weather at the time of the collision and in the period immediately before the collision:

       8.     The extent of visibility at the time of the collision and in the period immediately before the collision:

       9.     The state, direction and force of the tidal or other current at the time of the collision and in the period immediately before the collision:

       10.   The direction and force of the wind at the time of the collision and in the period immediately before the collision:

       11.   The parts of each ship which first came into contact:

       12.   The approximate angle between the ships at the moment of contact:

 

1.      complete all questions fully; if any are not applicable, say so, or as appropriate

2.      for each other ship involved in the collision, repeat this question as             question 6A, 6B, etc.

Form 11      Preliminary act

(paragraph 25 (2) (a))

(Title)

PRELIMINARY ACT

(To be used where loss of, or damage to or by, a single ship)

Preliminary act of plaintiff/defendant1

       1.     Date of loss or damage:

       2.     Time of loss or damage:

       3.     Place of loss or damage:

       4.     Name of ship involved:

       5.     Description of anything else involved2:

       6.     If the ship involved belonged to the party filing this preliminary act:

       (a)   port of registry:

       (b)   the name of master at relevant time:

       (c)   name and address of person in command at and immediately before the time of the loss or damage:

       (d)   name and address of persons on the bridge at and immediately before the time of the loss or damage:

       (e)   name and address of persons keeping a lookout at and   immediately before the time of the loss or damage:

       (f)    course, or, if the ship was stationary, heading (specify which) at the time when it first became known that there was a likelihood of the loss or damage or immediately before any measures where taken to avoid that loss or damage (whichever was the earlier):

       (g)   speed at the earlier of the times referred to in paragraph (f):

       (h)   alterations made to course after the earlier of the times referred to in paragraph (f) and before the time of the loss or damage, and when made:

       (j)    alterations made to speed after the earlier of the times referred to in paragraph (f) and before the time of the loss or damage, and when made:

       (k)   other measures taken to avoid the loss or damage, and when taken:

       (m)  sounds or other signals given, and when given:

       (n)   lights carried:

     7.     If the ship involved did not belong to the party filing this preliminary act and the loss or damage occurred in a collision with something else:

     (a)   distance and bearing of ship at the time when its echo was first observed by radar by a person on the other thing involved in the collision:

     (b)   distance, bearing and approximate heading of ship when first seen by a person on the other thing involved in the collision:

     (c)   the lights that were being shown by ship when first seen by a person on the other thing involved in the collision:

     (d)   the lights that were being shown by ship after that time but before the collision:

     (e)   the alterations made by ship to its course after it was first seen by a person on the other thing involved in the collision, and when they were made:

     (f)    the alterations made by ship to its speed after it was first seen by a person on the other thing involved in the collision, and when they were made:

     (g)   the other measures taken by ship to avoid the collision, and when they were taken:

       (h)     the sounds or other signals given by ship and when they were given:

     8.     The state of the weather at and immediately before the time of the loss or damage:

       9.     The extent of visibility at and immediately before the time of the loss or damage:

       10.   The state, direction and force of the tidal or other current at and immediately before the time of the loss or damage:

       11.   The direction and force of the wind at and immediately before the time of the loss or damage:

       12.   The parts of the ship and the other thing which first came into contact:

       13.   The approximate angle between the ship and the other thing at the moment of contact:

 

1.      Complete all questions fully. If any are not applicable, say so and why.

Form 12      Application for arrest warrant

(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 the court to pay the costs and expenses of the Marshal in complying with this application, including costs and expenses in relation to (if ship, insert name of ship and port of registry; if other property, describe property) while it is under arrest.1

Note   Paragraph 41 (1) (b) of the Admiralty Rules 1988 provides that if the application is made by an Australian legal practitioner on behalf of the applicant, the application constitutes an undertaking to the court by the Australian legal practitioner.

1.      delete sentence if undertaking is to be given by a law practice under subrule 75A (2) of the Admiralty Rules 1988

Form 13      Affidavit to support application for arrest warrant

(subrule 39 (3))

(Title)

AFFIDAVIT TO SUPPORT APPLICATION FOR ARREST WARRANT

       1.  I am                 1.

       2.  I ask for a warrant for the arrest of            2.

       3.  The claim in respect of which the arrest is sought concerns               3.

       4.  I have caused a search to be made of the Register of Caveats Against Arrest and no such caveat is in force/the following caveat/s is/are4 in force:           4,5.

       5.  The following documents have been served on the caveators6 on the following respective dates:     7.

       6.  The claim has not been satisfied/has been partly satisfied4 as follows:

       (a)   an amount of $                  8 has been paid into court in the             9;

       (b)   security to the value $               8 for payment of claim has been
                   given                10.

       7.11   The amount of salvage money awarded or agreed to be accepted is
       $                        8 and is being held by                   12.

       8.  The aid of the court is necessary to enable the claim to be satisfied.

 

1.   insert full name and description of deponent

2.   if ship, insert name of ship and port of registry; if other property, describe property

3.   set out short particulars of the claim and any necessary facts that would entitle an action in rem to be brought, in accordance with the Admiralty Act 1988, in respect of the claim

4.   strike out whichever is not applicable

5.   set out short particulars of caveats in force

6.   set out clearly which documents have been served on each of the caveators

7.   set out when each document was served

8.   insert amount

9.   insert name of court

10.    set out where security held

11.    complete paragraph 7 only if claim is a salvage claim

12.    insert name and address of person holding salvage money

Form 14      Arrest warrant

(subrule 40 (2))

(Title)

ARREST WARRANT

To the Marshal:

       Arrest       1.

Warrant taken out by                2.

 

1.   if ship, insert name of ship and port of registry; if other property,   describe property

2.   insert name of applicant and description, for example, ‘Australian legal practitioner for the plaintiff’

 

Form 15      Request not to execute arrest warrant

(subrule 43 (6))

(Title)

REQUEST NOT TO EXECUTE ARREST WARRANT

       1.  On   1 an arrest warrant was issued at my application against               2.

       2.  Please do not execute the warrant.

 

1.      insert date

2.      if ship, insert name of one ship and port of registry; if other property, insert                description of property

Form 16      Affidavit of execution of arrest warrant

(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 17      Application for discharge

(subrule 49 (1))

(Title)

APPLICATION FOR DISCHARGE

       Ship/property1 to be discharged:                      2

       Applicant:           3

       Relationship with ship/property1:                      4

       Address for service of applicant:                     5

       I undertake to pay the costs and expenses of the Marshal in complying with this application.

 

1.      strike out whichever is not applicable

2.      if ship, insert name of one ship and port of registry; if other property, insert                description of property

3.      insert name and short description of applicant

4.      insert short description of interest

5.      insert address for service

 

Form 17A   Notice of payment into Court

(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 18      Application to registrar for release of ship or other property

(subrule 51 (1))

(Title)

APPLICATION TO REGISTRAR FOR RELEASE OF SHIP OR OTHER PROPERTY

       Ship/property1:                 2

       Applicant:                3

       Relationship with ship/property1:      4

         5Value of ship/property1, as agreed between the parties/determined by the court1:$     6

       Grounds on which release is sought:                7

       I have caused a search to be made in the Register of Caveats Against Release and no such caveat is in force.

       Address for service of applicant:                   8

       I undertake to the court to pay the costs and expenses of the Marshal in relation to the custody of the ship/property1,          2, while under arrest, including the costs and expenses associated with the release of that ship/property1, . 9

 

1.      strike out whichever is not applicable

2.      if ship insert name of ship; if other property, insert description of property

3.      insert name and short description of applicant

4.      insert short description of interest

5.      complete this only if claim is a claim for salvage

6.      insert value; if by agreement between parties, insert names of parties; if by                 determination of the court, insert details of court order

7.      set out particulars of grounds

8.      insert address for service

9.      delete sentence if undertaking is to be given by a law practice under subrule 75A (2) of the Admiralty Rules 1988

Form 19      Application to Court for release of ship or other property

(subrule 52 (1))

(Title)

APPLICATION TO COURT FOR RELEASE OF SHIP OR OTHER PROPERTY

Ship/property1:   2

Applicant:                     3

Grounds on which release sought:                      4

I have caused a search to be made of the Register of Caveats Against Release and:

1        (a)   no such caveat is in force;

1        (b)   the following caveat/s1 is/are1 in force: 5

and a copy of this application was served on the following caveator/s1:              67

I undertake to the court to pay the costs and expenses of the Marshal in relation to the custody of the ship/property1,                 2, while under arrest, including the costs and expenses associated with the release of that ship/property1. 8

1.      strike out whichever is not applicable

2.      insert name of ship; if other property, insert description of property

3.      insert name of applicant and description, for example, ‘plaintiff’ or ‘Australian legal practitioner for the plaintiff’

4.      set out particulars of grounds

5.      set out short particulars of caveats in force

6.      set out clearly which caveators have been served with the application

7.      insert date of service

8.      delete sentence if undertaking is to be given by a law practice under subrule 75A (2) of the Admiralty Rules 1988

 

Form 19A   Notice of release from arrest

(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

 

Form 20      Bail bond

(subrule 54 (2))

(Title)

BAIL BOND

       1.  I/We6,              1, submit to the jurisdiction of the court.

2.    I/We6 consent that if                   2,3, does not/do not6 satisfy any
judgment in this proceeding4, then execution may issue against me/us6
for a sum not exceeding $                   5.

 

1.      insert name, address and occupation of surety

2.      insert names of all parties for whom bail is to be given

3.      insert plaintiff/s or defendant/s

4.      delete if bail is for costs or expenses only

5.      insert amount

6.      strike out whichever is not applicable

In relation to witnesses, see Admiralty Rules, subrule 54 (3)

Form 21      Notice of bail

(subrule 55 (2))

(Title)

NOTICE OF BAIL

       Party on whose behalf bail given:                  1

       Amount of bail: $                         2

       Names and addresses of sureties:                 3

       Bail bond signed before:                   4

 

1.      insert name of party and “(defendant)” or as appropriate

2.      insert the amount

3.      insert name, address and occupation of each surety

4.      insert name, address and occupation of person before whom bond was taken

 

Form 22      Notice of objection to surety

(subrule 56 (1))

(Title)

NOTICE OF OBJECTION TO SURETY

       I object to the sufficiency of the following proposed surety:                       1

       Dated:

 

1.      insert name of surety

 

Form 23      Notice of hearing of objection to bail

(subrule 56 (3))

(Title)

NOTICE OF HEARING OF OBJECTION TO BAIL

TO                   1

       1.  You must attend to be examined whether your surety in this matter is       sufficient.

       Place where you must attend:                       2

       Date and time when you must attend:                       3

       2.  Failure to comply with this notice is an offence.

 

1.      insert name and address of surety

2.      insert place of hearing

3.      insert date and time of hearing

 

Form 24      Advertisement of application to limit liability limitation of shipowner’s liability

(subrule 62 (2))

ADMIRALTY RULES

ADVERTISEMENT OF APPLICATION TO LIMIT LIABILITY LIMITATION OF SHIPOWNER’S LIABILITY

1

NOTICE TO CLAIMANTS

       1.  On        2,3.

       2.  The                4 has now determined that the liability of                      5 should be limited, under

the                                                                       6 to a total of $                7 (action no. 8).

       3.  Anyone who has a claim against                   5 arising out of these events and who wishes to enforce that claim against the limitation fund should enter an appearance in the Court before                        9, otherwise an order distributing the limitation fund may be made without notice to them.

       4.  Anyone wishing to have the determination of the Court varied or set aside must apply to do so before         9.

 

1.      insert name of ship

2.      insert date of event giving rise to the application to limit liability

3.      insert brief particulars of event giving rise to the application to limit liability

4.      insert name of court

5.      insert name of applicant

6.      insert “Navigation Act 1912 (Cth)” or as appropriate

7.      insert amount determined by the court

8.      insert number and year of proceedings

9.      insert last day for entry of appearance or application to vary or set aside

Form 25      Application to vary or set aside determination limiting liability

(subrule 64 (1))

(Title)

APPLICATION TO VARY OR SET ASIDE DETERMINATION LIMITING LIABILITY

     1.    Applicant:              1

     2.    Determination sought to be set aside or varied:                 2

     3.    Nature of claim against applicant for determination to limit liability:                                    3

     4.    I apply to have the determination set aside/varied4 as follows:               5

     5.    I have not been served with initiating process in that proceeding.

 

1.      insert name, address and occupation of applicant

2.      insert particulars of determination to be set aside or varied

3.      set out short particulars of the claim

4.      strike out whichever is not applicable

5.      insert details of variation sought

Form 26      Application for valuation or sale of ship or other property

(subrule 69 (2))

(Title)

APPLICATION FOR VALUATION OR SALE OF SHIP OR OTHER PROPERTY

       1.  Ship/property1:                   2

       2.  Applicant:                       3

       3.  I apply for the ship/property1:

              1to be valued

              1to be valued and sold under the Admiralty Act 1988

              1to be sold under the Admiralty Act 1988 without valuation.

       4.  I undertake to pay on demand to the Marshal an amount equal to the costs and expenses involved.

 

1.      strike out if not applicable

2.      insert name of ship; if other property, insert description of property

3.      insert names of applicant and description, for example, “plaintiff”

Form 27      Order for valuation or sale of ship or other property

(subrule 69 (3))

(Title)

ORDER FOR VALUATION OR SALE OF SHIP OR OTHER PROPERTY

       Ship/property1:              2

       To the Marshal:

       1.  1Have the above ship/property1 valued in writing.

       2.  1Sell the above ship/property1 under the admiralty Rules.

       3.  1The sale need not be by public auction.

 

1.      strike out if not applicable

2.      insert name of ship; if other property, insert description of property

Form 28      Notice of application to determine priorities

(subrule 73 (2))

(Title)

NOTICE OF APPLICATION TO DETERMINE PRIORITIES

1

       1.  The           1 has been/is about to be2 sold and the proceeds of sale,

$                    3, have been/will be2 paid into Court at               4.

       2.  Application has been made to determine the priority of claims against the ship/proceeds of sale2.

       3.  The application will not be determined until after 5.

       4.  Anyone who has a claim against the ship/proceeds of sale should commence proceedings to enforce that claim before       5, and if necessary apply to the Court to extend the period within which the order of priorities will not be determined, otherwise an order determining the priority of claims against the ship or proceeds of sale may be made without notice.

 

1.      insert name of ship

2.      strike out whichever is not applicable

3.      insert amount

4.      insert registry, if applicable

5.      insert date specified by the court on the application to determine                 priorities

Form 29      Register of admiralty proceedings

(rule 79)

REGISTER OF ADMIRALTY PROCEEDINGS

       1Ship/property1:                    2

       Year and number:

       Amount claimed/other relief sought1:                    5

       Parties:                    3

            Plaintiff:

            Defendant(s)1:

       Nature of claim:                 4

       1Arrest made:

            Ship/property1 arrested:                    5

            Was it a surrogate ship:Yes/no1

       1Caveat against release:

            Filed by:                     7

            Withdrawn:                   6

            Set aside:                   6

       2Transferred/remitted1

            To:                        8

            Date:                     6

       Date fixed for hearing:                 6

       Judgment:

            For plaintiff/defendant1

            Date:           6

            1Amount:$           9

            1Other relief given:               s10

       1Ship/property1 sold:

            Purchaser:               11

            Date:             6

            Price:    $           9

 

1.   strike out whichever is not applicable

2.   if ship, insert name of one ship and port of registry; if other property, insert                description of property

3.   insert names of parties, as indicated

4.   insert nature of claim; if proprietary or general maritime claim, refer to      relevant provision of the Admiralty Act 1988

5.   complete this question

6.   insert date

7.   name of caveator

8.   court of transfer or remittal as appropriate

9.   insert amount

10.    insert other orders made

11.    insert name and address

 


Notes to the Admiralty Rules 1988

Note 1

The Admiralty Rules 1988 (in force under the Admiralty Act 1988) as shown in this compilation comprise Statutory Rules 1988 No. 269 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
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

1996 No. 215

2 Oct 1996

2 Oct 1996

2002 No. 109

5 June 2002

5 June 2002

2006 No. 287

17 Nov 2006 (see F2006L03716)

18 Nov 2006

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

 

Part I

 

 

R. 1.........................................

rs. 2002 No. 109

 

R. 3.........................................

am. 2006 No. 287

 

R. 4.........................................

am. 1990 No. 392; 2006 No. 287

 

R. 5.........................................

am. 2006 No. 287

 

R. 5A.......................................

ad. 1996 No. 215

 

R. 6.........................................

am. 2006 No. 287

 

R. 6A.......................................

ad. 2006 No. 287

 

Part II

 

 

Division 1

 

 

R. 7.........................................

am. 2006 No. 287

 

R. 9.........................................

am. 2006 No. 287

 

Division 2

 

 

R. 10.......................................

am. 2006 No. 287

 

Division 3

 

 

R. 14.......................................

am. 2006 No. 287

 

Part III

 

 

R. 15.......................................

am. 2006 No. 287

 

R. 16.......................................

am. 2006 No. 287

 

R. 17.......................................

am. 2006 No. 287

 

Part IV

 

 

Division 1

 

 

R. 18.......................................

am. 2006 No. 287

 

R. 19.......................................

am. 2006 No. 287

 

R. 21.......................................

am. 2006 No. 287

 

Division 2

 

 

R. 22.......................................

am. 1990 No. 392; 2006 No. 287

 

Division 3

 

 

R. 23.......................................

am. 2006 No. 287

 

Division 4

 

 

R. 25.......................................

am. 2006 No. 287

 

R. 26.......................................

am. 2006 No. 287

 

R. 27.......................................

am. 2006 No. 287

 

R. 28.......................................

am. 2006 No. 287

 

Division 5

 

 

R. 29.......................................

am. 2006 No. 287

 

Part V

 

 

R. 30.......................................

am. 1993 No. 327; 2006 No. 287

 

R. 31.......................................

am. 2006 No. 287

 

R. 32.......................................

am. 2006 No. 287

 

R. 34.......................................

am. 2006 No. 287

 

R. 35.......................................

am. 2006 No. 287

 

R. 36.......................................

am. 2006 No. 287

 

R. 37.......................................

rs. 2006 No. 287

 

Part VI

 

 

Division 1

 

 

R. 39.......................................

am. 2006 No. 287

 

R. 39A....................................

ad. 2006 No. 287

 

R. 40.......................................

am. 2006 No. 287

 

R. 41.......................................

rs. 1993 No. 327

 

 

am. 1996 No. 215

 

 

rs. 2006 No. 287

 

R. 42.......................................

am. 2006 No. 287

 

R. 43.......................................

am. 1990 No. 392; 2002 No. 109; 2006 No. 287

 

R. 45.......................................

am. 2006 No. 287

 

Division 2

 

 

R. 47.......................................

am. 2006 No. 287

 

R. 48.......................................

am. 1996 No. 215; 2006 No. 287

 

R. 48A....................................

ad. 2006 No. 287

 

R. 49.......................................

am. 2006 No. 287

 

Division 3

 

 

R. 51.......................................

am. 1993 No. 327; 2006 No. 287

 

R. 52.......................................

am. 1993 No. 327; 2006 No. 287

 

R. 53.......................................

rs. 2006 No. 287

 

Part VII

 

 

R. 54.......................................

am. 1993 No. 327; 2006 No. 287

 

R. 55.......................................

am. 2006 No. 287

 

R. 56.......................................

am. 2006 No. 287

 

R. 57.......................................

am. 2006 No. 287

 

R. 59.......................................

am. 2006 No. 287

 

R. 60.......................................

am. 2006 No. 287

 

Part VIII

 

 

R. 61.......................................

am. 2006 No. 287

 

R. 62.......................................

am. 2006 No. 287

 

R. 63.......................................

am. 2006 No. 287

 

R. 64.......................................

am. 2006 No. 287

 

Part IX

 

 

R. 66.......................................

am. 2006 No. 287

 

R. 67.......................................

am. 2006 No. 287

 

Part X

 

 

R. 69.......................................

am. 2006 No. 287

 

R. 70.......................................

am. 2006 No. 287

 

R. 71.......................................

am. 2006 No. 287

 

R. 72.......................................

rep. 2006 No. 287

 

Part XI

 

 

R. 73.......................................

am. 2006 No. 287

 

Heading to r. 74...................

rs. 2006 No. 287

 

R. 74.......................................

am. 2006 No. 287

 

Part XII

 

 

R. 74AA..................................

ad. 2006 No. 287

 

R. 75.......................................

am. 1993 No. 327

 

R. 75A....................................

ad. 2006 No. 287

 

R. 75B....................................

ad. 2006 No. 287

 

R. 75C....................................

ad. 2006 No. 287

 

R. 76.......................................

am. 2006 No. 287

 

R. 77.......................................

am. 2006 No. 287

 

R. 78.......................................

rs. 2006 No. 287

 

R. 78A....................................

ad. 2006 No. 287

 

R. 78B....................................

ad. 2006 No. 287

 

R. 79.......................................

am. 2006 No. 287

 

R. 82.......................................

am. 2006 No. 287

 

Schedule

 

 

Schedule...............................

am. 1990 No. 392; 1993 No. 327; 2006 No. 287

 

Form 1................................

am. 1990 No. 392

 

 

rs. 1993 No. 327

 

Form 3................................

rs. 2006 No. 287

 

Form 6................................

am. 1990 No. 392

 

 

rs. 1993 No. 327

 

Form 8................................

rep. 1990 No. 392

 

Form 12.............................

rs. 1993 No. 327

 

 

am. 2002 No. 109

 

 

rs. 2006 No. 287

 

Heading to Form 13........

rs. 2006 No. 287

 

Form 13.............................

am. 2006 No. 287

 

Form 14.............................

am. 2006 No. 287

 

Form 16.............................

rs. 1993 No. 327

 

Form 17.............................

am. 2006 No. 287

 

Form 17A...........................

ad. 1993 No. 327

 

Form 18.............................

am. 2006 No. 287

 

Form 19.............................

rs. 2006 No. 287

 

Form 19A...........................

ad. 1993 No. 327

 

Form 26.............................

am. 2006 No. 287