Commonwealth Consolidated Regulations

ADMIRALTY RULES 1988 - RULE 75B

  (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.