Commonwealth Consolidated Regulations

ADMIRALTY RULES 1988

- made under the Admiralty Act 1988

TABLE OF PROVISIONS

   PART I--PRELIMINARY

   1.      Name of Rules  
   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  

   PART II--CAVEATS

           Division 1--Caveats against arrest

   7.      Caveats against arrest  
   8.      Undertaking by caveator  
   9.      Caveator to give bail  

           Division 2--Caveats against release

   10.     Caveats against release  
   11.     Caveats may be set aside  

           Division 3--General

   12.     Caveats in force for 12 months  
   13.     Withdrawal of caveats  
   14.     Registers  

   PART III--PARTIES

   15.     Actions in rem : parties  
   16.     Actions in rem : ship or property  
   17.     Amendment of process  

   PART IV--PROCESS

           Division 1--Initiating process

   18.     Separate commencement of in rem and in personam actions  
   19.     Initiating process  
   20.     Validity of initiating process  
   21.     Limitation proceedings  

           Division 2--Statements of claim

   22.     Statements of claim  

           Division 3--Appearance

   23.     Appearance  

           Division 4--Preliminary acts

   24.     Application  
   25.     Preliminary acts  
   26.     Preliminary acts to be marked "Confidential", etc.  
   27.     Default in filing preliminary act  
   28.     Opening of preliminary acts  

           Division 5--Trial without pleadings

   29.     Trial without pleadings  

   PART V--SERVICE--OF INITIATING PROCESS

   30.     Service of initiating process on ships and other property  
   31.     Service of initiating process on proceeds  
   32.     Service upon caveator  
   33.     Service by Marshal  
   34.     Substituted service  
   35.     Service on any day  
   36.     Service of amended process  
   37.     Acceptance of service  
   38.     Substituted service of statement of claim  

   PART VI--ARREST

           Division 1--Arrest of ships and other property

   39.     Application for warrant  
   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  

           Division 2--Custody of ships etc under arrest

   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  

           Division 3--Release from arrest

   51.     Release by Registrar  
   52.     Release from arrest by the Court  
   53.     Marshal's costs and expenses  

   PART VII--BAIL

   54.     Bail bonds  
   55.     Notice of bail  
   56.     Objection to bail  
   57.     Filing bonds  
   58.     Sureties bound  
   59.     Court may vary bail  
   60.     Costs of bail  

   PART VIII--LIMITATION--PROCEEDINGS

   61.     Service on at least 1 respondent  
   62.     Advertisement of determination  
   63.     Effect of determination  
   64.     Proceedings to set aside determinations  

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

   65.     References to Registrar  
   66.     Affidavits  
   67.     Registrar to make determinations  
   68.     Application to vary  

   PART X--VALUATION--AND SALE

   69.     Orders for valuation and sale  
   70.     Sale  
   71.     Returns of sale etc  

   PART XI--PRIORITIES

   73.     Applications to determine priorities  
   74.     Marshal's costs and expenses  

   PART XII--MISCELLANEOUS

   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 1 Forms