Commonwealth Consolidated Regulations

ADMIRALTY RULES 1988 - RULE 48A

  (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.