Admiralty Rules 1988

In force

Administered by

Attorney-General's Department

This item is authorised by the following title:

Admiralty Act 1988

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F2006C00738

18 November 2006 - 06 August 2013

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Table of contents

1 Name of Rules [see Note 1]
2 Commencement
3 Interpretation
4 Marshal and Registrar
5 Headings of documents
5A Service of certain documents and notices
6 Operation of these Rules
6A Relief from rules
7 Caveats against arrest
8 Undertaking by caveator
9 Caveator to give bail
10 Caveats against release
11 Caveats may be set aside
12 Caveats in force for 12 months
13 Withdrawal of caveats
14 Registers
15 Actions in rem: parties
16 Actions in rem: ship or property
17 Amendment of process
18 Separate commencement of in rem and in personam actions
19 Initiating process
20 Validity of initiating process
21 Limitation proceedings
22 Statements of claim
23 Appearance
24 Application
25 Preliminary acts
26 Preliminary acts to be sealed
27 Default in filing preliminary act
28 Opening of preliminary acts
29 Trial without pleadings
30 Service of initiating process on ships and other property
31 Service of initiating process on proceeds
32 Service upon caveator
33 Service by Marshal
34 Substituted service
35 Service on any day
36 Service of amended process
37 Acceptance of service
38 Substituted service of statement of claim
39 Application for warrant
39A Disclosure of matters affecting safety
40 Issue of warrant
41 Marshal’s costs and expenses
42 Period of validity
43 Execution of arrest warrants
44 Duration of arrest
45 Verification of service
46 Execution on any day
47 Custody of arrested ships and property
48 Applications concerning arrested property
48A Provision of information by Marshal
49 Discharge
50 Preservation, management and control powers
51 Release by Registrar
52 Release from arrest by the Court
53 Marshal’s costs and expenses
54 Bail bonds
55 Notice of bail
56 Objection to bail
57 Filing bonds
58 Sureties bound
59 Court may vary bail
60 Costs of bail
61 Service on at least 1 respondent
62 Advertisement of determination
63 Effect of determination
64 Proceedings to set aside determinations
65 References to Registrar
66 Affidavits
67 Registrar to make determinations
68 Application to vary
69 Orders for valuation and sale
70 Sale
71 Returns of sale etc
73 Applications to determine priorities
74 Marshal’s costs and expenses
74AA Definitions for this Part
75 Undertakings
75A Undertakings by a law practice
75B Use of clean bonds
75C Orders relating to undertakings and securities
76 Wages, collision: security for costs
77 Collision proceedings: stay pending security
78 Marshal may make interim demands for costs and expenses
78A Marshal’s costs and expenses: aid to other courts
78B Taxation of Marshal’s costs and expenses
79 Register of Admiralty proceedings
80 Court may give directions, vary Rules
81 Review of Registrar’s actions
82 Instruments to be signed by Registrar, sealed
83 Inspection of Registers
- Schedule Forms

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Admiralty Rules 1988