Commonwealth Consolidated Regulations

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ADMIRALTY RULES 1988 - RULE 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.

 



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