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ADMIRALTY RULES 1988 - SCHEDULE 1

Forms

(paragraph   5(a))

Form 1 -- Title of documents for use in proceedings under the Act

(paragraph   5(a))

TITLE OF DOCUMENTS FOR USE IN PROCEEDINGS UNDER THE ACT

Admiralty Rules

IN THE (Court 1 )   No.      of   20

IN ADMIRALTY

  BETWEEN

  Plaintiff 2

  AND

  Defendant 3

  ( or THE SHIP 4   )

  ( or THE SHIP(S) 5

  AS SURROGATE(S) FOR THE

  SHIP 4   )

  ( or THE SHIP 4   AND THE

  SHIP(S) 5

  AS SURROGATE(S) FOR THAT
  SHIP)

  ( or 6   )

  ( or THE SHIP 4

  and

    6 ).

 

1.   insert name of court exercising admiralty jurisdiction

2.   insert name of plaintiff

3.   insert name of defendant

4.   only 1 ship may be named

5.   if the claim is against a surrogate ship or surrogate ships, insert the name or   names of the surrogate or surrogates

6.   if the claim is against property, insert a short description of the property

Form 2 -- Caveat against arrest of ship or other property

(subrule 7(1))

( Title )

CAVEAT AGAINST ARREST OF SHIP OR OTHER PROPERTY

  Ship/property 1 :   2

  Caveat by:   3

  Relationship with ship/property 1 :   4

  Caveat expires:   5

  Amount for which caveat entered: $   6

  Kind of proceeding to which caveat applies:   7

  Address for service of caveator:   8

  If a proceeding to which this caveat applies is commenced against the ship/property 1 in any Australian court, I undertake to:

(a)   enter an appearance in the proceeding; and

(b)   comply with any obligations as to bail or payment into court under rule   9 of the Admiralty Rules;

within 3 days after being served with initiating process in the proceeding.

 

1.   strike out whichever is not applicable

2.   if ship, insert name of ship and port of registry; if other property, insert   description of property

3.   insert name of applicant

4.   insert short particulars of relationship

5.   if caveat to be in force for less than 12 months, specify time, but not less than

7.   days

6.   insert amount

7.   list kinds of proceedings to which caveat applies, for example, "All   proceedings", "Any proceeding on a claim referred to in subsection   4(2) or               paragraph   4 (3) (a) to   (g) (inclusive) of the Admiralty Act 1988" or as               appropriate

8.   insert address for service

Form 3 -- Australian legal practitioner's undertaking

(subrule 7(3))

( Title )

AUSTRALIAN LEGAL PRACTITIONER'S UNDERTAKING

( To be endorsed on the caveat )

If a proceeding to which this caveat applies is commenced against the ship/property 1 in any Australian court, I undertake that the caveator on whose behalf the caveat is filed will:

  (a)   enter an appearance in the proceeding; and

  (b)   comply with the obligations as to bail or payment into court under rule   9 of the Admiralty Rules   1988 ;

within 3 days after being served with initiating process in the proceeding.

1.   strike out whichever is not applicable

Form 4 -- Caveat against release from arrest of ship or other property

(rule   10)

( Title )

CAVEAT AGAINST RELEASE FROM ARREST OF SHIP OR OTHER PROPERTY

  Ship/property 1, 2

  Caveat by:   3

  4 Relationship with ship/property 1 :   5

  Address for service of caveator:   6

 

1.   strike out whichever is not applicable

2.   if ship, insert name of ship and port of registry; if other property, describe   property; if the ship/property has not been sold but may be sold by order of the               Court, add "or the proceeds of sale of that ship/property (as appropriate)"

3.   insert name

4.   complete only if caveator not a party to the proceeding in which the ship or   property was arrested

5.   insert short particulars of relationship

6.   insert address for service

Form 5 -- Withdrawal of caveat

(rule   13)

( Title )

WITHDRAWAL OF CAVEAT

  Ship/property 1,2

  Date caveat filed:   3

  I,   4 , withdraw the caveat against the arrest/release 1 of the ship/property 1 .

 

1.   strike out whichever is not applicable

2.   insert name of ship or description of property

3.   insert date of filing caveat

4.   insert name

Form 6 -- Writ

(rule   19)

( Title )

WRIT

BY THIS WRIT the plaintiff commences action against the ship/property specified below.

DATE OF ISSUE 1 :

PARTICULARS OF SHIP/PROPERTY 2 :   3

AMOUNT CLAIMED OR OTHER RELIEF SOUGHT 4 :

PARTICULARS OF CLAIM 5 :

RELEVANT PERSON 6 :

TO THE DEFENDANT:

If you want to defend this claim, you must, within 21 days after this writ is served on you, file an appearance.

You may also pay an amount into court.

ADDRESS OF PLAINTIFF:

ADDRESS FOR SERVICE ON THE PLAINTIFF 7 :

 

1.   plaintiff to insert the date on which this writ is issued by the court

2.   strike out whichever is not applicable

3.   if the claim is against a ship, insert name of ship and port of registry; if the   claim is against other property, insert description of property

4.   insert amount claimed or other order sought

5.   give enough short particulars of the claim to identify the cause of action

6.   refer to rule   15 and specify the relevant person in relation to the claim, if known   to the plaintiff

7.   the address at which notices for the plaintiff may be served, if different from the   plaintiff's actual address

Form 7 -- Statement of claim: limitation proceeding

(subrule 21(2))

( Title )

STATEMENT OF CLAIM: LIMITATION PROCEEDING

1.   I,   1 , am the   2 .

2.   The respondent,   3 , is   4,5 .

3.   On   6, 7 .

4.   I claim to be entitled to limit my liability arising out of these circumstances on the following grounds:               8

5.   I therefore seek the following orders:   9

 

1.   insert name and address of applicant

2.   insert relationship of applicant with ship and specify name and port of registry of   ship

3.   insert name and address of respondent

4.   set out the relationship of the defendant with the circumstances out of which the   liability in respect of which the applicant claims to be entitled to limit liability               arose

5.   repeat paragraph   2 for each defendant named as defendant, numbering the   paragraphs 2A, 2B, etc.

6.   insert date of circumstances out of which the liability in respect of which the   applicant claims to be entitled to limit liability arose

7.   give short, factual description of circumstances out of which the liability in   respect of which the applicant claims to be entitlied to limit liability arose

8.   set out short statement of grounds for limiting liability

9.   set out precise orders sought

Form 8 -- Statement of claim: action in rem

(subrule 22(2))

( Title )

STATEMENT OF CLAIM: ACTION IN REM

  1.   1

  2. I claim the following relief:   2

  PARTICULARS   3 :

TO THE DEFENDANT:

If you want to defend this claim, you must, within 21 days after this statement of claim is served on you, file an appearance.

You may also pay an amount into court.

 

1.   set out the facts giving rise to the claim; do not refer to evidence; the matter   should be put into paragraphs, numbered consecutively and set out as briefly as               convenient; unduly long pleadings may be penalised by costs

2.   set out precisely the relief or orders sought

3.   set out particulars of any injuries suffered

Form 9 -- Appearance

(subrule 23(2))

( Title )

APPEARANCE

  1.   1 appears.

  2.   My relationship with the ship/property 2 against which this proceeding has been commenced is as follows:               3

  3.   My address for service is:   4

 

1.   insert name

2.   strike out whichever is not applicable

3.   insert short particulars of relationship

4.   insert address for service

Form 10 -- Preliminary act

(paragraph   25(2)(a))

( Title )

PRELIMINARY ACT

( Collision between 2 or more ships )

Preliminary act of plaintiff/defendant 1

  1.   Date of collision:

  2.   Time of collision:

  3.   Place of collision:

  4.   Names of ships that came into collision:

  5.   In relationship to ship of the party filing this preliminary act:

  (a)   name of ship:

  (b)   port of registry:

  (c)   the name of master at time of collision:

  (d)   name and address of person in command at the time of the collision and in the period immediately before the collision:

  (e)   name and address of persons on the bridge at the time of the collision and in the period immediately before the collision.

  (f)   name and address of persons keeping a lookout at the time of the collision and in the period immediately before the collision:

  (g)   course, or, if the ship was stationary, heading (specify which) at the time when the other ship was first seen or immediately before any measures were taken with reference to its presence (whichever was the earlier):

  (h)   speed at the time when when the other ship was first seen or immediately before any measures were taken with reference to its presence (whichever was the earlier):

  (j)   alterations made to course after the earlier of the times referred   to in paragraph   ( g) and before the time of the collision, and when made:

  (k)   alterations made to speed after the earlier of the times referred to in paragraph   ( h) and before the time of the collision, and when made:

  (m)   other measures taken to avoid the collision, and when taken:

  (n)   sounds or other signals given, and when given:

  (o)   lights carried:

  6.   In relation to each other ship involved in the collision 2 :

  (a)   name of ship:

  (b)   its distance and bearing at the time when its echo was first observed by radar by a person on the ship of the party filing the preliminary act:

  (c)   its distance, bearing and approximate heading when first seen by a person on the ship of the party filing the preliminary act:

  (d)   the lights it was showing when first seen by a person on the ship of the party filing the preliminary act:

  (e)   the lights it was showing after that time but before the collision:

  (f)   the alterations made to its course after it was first seen by a person on the ship of the party filing the preliminary act, and when               they were made:

  (g)   the alterations made to its speed after it was first seen by a person on the ship of the party filing the preliminary act, and when they were made:

  (h)   the other measures that it took to avoid the collision, and when   they were taken:

  (j)   the sounds or other signals that it gave, and when they were given:

  7.   The state of the weather at the time of the collision and in the period immediately before the collision:

  8.   The extent of visibility at the time of the collision and in the period immediately before the collision:

  9.   The state, direction and force of the tidal or other current at the time of the collision and in the period immediately before the collision:

  10.   The direction and force of the wind at the time of the collision and in the period immediately before the collision:

  11.   The parts of each ship which first came into contact:

  12.   The approximate angle between the ships at the moment of contact:

 

1.   complete all questions fully; if any are not applicable, say so, or as appropriate

2.   for each other ship involved in the collision, repeat this question as   question   6A,   6B, etc.

Form 11 -- Preliminary act

(paragraph   25(2)(a))

( Title )

PRELIMINARY ACT

( To be used where loss of, or damage to or by, a single ship )

Preliminary act of plaintiff/defendant 1

  1.   Date of loss or damage:

  2.   Time of loss or damage:

  3.   Place of loss or damage:

  4.   Name of ship involved:

  5.   Description of anything else involved 2 :

  6.   If the ship involved belonged to the party filing this preliminary act:

  (a)   port of registry:

  (b)   the name of master at relevant time:

  (c)   name and address of person in command at and immediately before the time of the loss or damage:

  (d)   name and address of persons on the bridge at and immediately before the time of the loss or damage:

  (e)   name and address of persons keeping a lookout at and   immediately before the time of the loss or damage:

  (f)   course, or, if the ship was stationary, heading (specify which) at the time when it first became known that there was a likelihood of the loss or damage or immediately before any measures where taken to avoid that loss or damage (whichever was the earlier):

  (g)   speed at the earlier of the times referred to in paragraph   ( f):

  (h)   alterations made to course after the earlier of the times referred to in paragraph   ( f) and before the time of the loss or damage, and when made:

  (j)   alterations made to speed after the earlier of the times referred   to in paragraph   ( f) and before the time of the loss or damage, and when made:

  (k)   other measures taken to avoid the loss or damage, and when taken:

  (m)   sounds or other signals given, and when given:

  (n)   lights carried:

  7.   If the ship involved did not belong to the party filing this preliminary act and the loss or damage occurred in a collision with something else:

  (a)   distance and bearing of ship at the time when its echo was first observed by radar by a person on the other thing involved in the collision:

  (b)   distance, bearing and approximate heading of ship when first seen by a person on the other thing involved in the collision:

  (c)   the lights that were being shown by ship when first seen by a person on the other thing involved in the collision:

  (d)   the lights that were being shown by ship after that time but before the collision:

  (e)   the alterations made by ship to its course after it was first seen by a person on the other thing involved in the collision, and when they were made:

  (f)   the alterations made by ship to its speed after it was first seen by a person on the other thing involved in the collision, and when they were made:

  (g)   the other measures taken by ship to avoid the collision, and when they were taken:

  (h)   the sounds or other signals given by ship and when they were given:

  8.   The state of the weather at and immediately before the time of the loss or damage:

  9.   The extent of visibility at and immediately before the time of the loss or damage:

  10.   The state, direction and force of the tidal or other current at and immediately before the time of the loss or damage:

  11.   The direction and force of the wind at and immediately before the time of the loss or damage:

  12.   The parts of the ship and the other thing which first came into contact:

  13.   The approximate angle between the ship and the other thing at the moment of contact:

 

1.   Complete all questions fully. If any are not applicable, say so and why.

Form 12 -- Application for arrest warrant

(subrule 39(1))

( Title )

APPLICATION FOR ARREST WARRANT

Please issue a warrant for the arrest of   .

( for a ship, insert name of ship and port of registry; if other property, describe property )

I undertake to the court to pay the costs and expenses of the Marshal in complying with this application, including costs and expenses in relation to ( if ship, insert name of ship and port of registry; if other property, describe property ) while it is under arrest. 1

Note:   Paragraph 41(1)(b) of the Admiralty Rules   1988 provides that if the application is made by an Australian legal practitioner on behalf of the applicant, the application constitutes an undertaking to the court by the Australian legal practitioner.

1.   delete sentence if undertaking is to be given by a law practice under subrule   75A(2) of the Admiralty Rules   1988

Form 13 -- Affidavit to support application for arrest warrant

(subrule 39(3))

( Title )

AFFIDAVIT TO SUPPORT APPLICATION FOR ARREST WARRANT

  1.   I am   1 .

  2.   I ask for a warrant for the arrest of   2 .

  3.   The claim in respect of which the arrest is sought concerns   3 .

  4.   I have caused a search to be made of the Register of Caveats Against Arrest and no such caveat is in force/the following caveat/s is/are 4 in force:               4,5 .

  5.   The following documents have been served on the caveators 6 on the following respective dates:               7 .

  6.   The claim has not been satisfied/has been partly satisfied 4 as follows:

  (a)   an amount of $   8 has been paid into court in the   9 ;

  (b)   security to the value $   8 for payment of claim has been
    given   10 .

  7. 11   The amount of salvage money awarded or agreed to be accepted is
  $   8 and is being held by   12 .

  8.   The aid of the court is necessary to enable the claim to be satisfied.

 

1.   insert full name and description of deponent

2.   if ship, insert name of ship and port of registry; if other property, describe   property

3.   set out short particulars of the claim and any necessary facts that would entitle an action in rem to be brought, in accordance with the Admiralty Act 1988, in respect of the claim

4.   strike out whichever is not applicable

5.   set out short particulars of caveats in force

6.   set out clearly which documents have been served on each of the caveators

7.   set out when each document was served

8.   insert amount

9.   insert name of court

10.   set out where security held

11.   complete paragraph   7 only if claim is a salvage claim

12.   insert name and address of person holding salvage money

Form 14 -- Arrest warrant

(subrule 40(2))

( Title )

ARREST WARRANT

To the Marshal:

  Arrest   1 .

Warrant taken out by   2 .

 

1.   if ship, insert name of ship and port of registry; if other property,   describe property

2.   insert name of applicant and description, for example, ' Australian legal practitioner for the plaintiff'

 

Form 15 -- Request not to execute arrest warrant

(subrule 43(6))

( Title )

REQUEST NOT TO EXECUTE ARREST WARRANT

  1.   On   1 an arrest warrant was issued at my application against   2 .

  2.   Please do not execute the warrant.

 

1.   insert date

2.   if ship, insert name of one ship and port of registry; if other property, insert   description of property

Form 16 -- Affidavit of execution of arrest warrant

(rule   45)

( Title )

AFFIDAVIT OF EXECUTION OF ARREST WARRANT

1.   I am   1 .

2.   The arrest warrant a copy of which is annexed to this affidavit and marked "A" was executed by me on               2

on   3 at   4 .

3.   The warrant was executed by   5 .

 

1.   insert description of deponent

2.   insert name of ship or description of property arrested

3.   insert date and time of arrest

4.   insert place of arrest

5.   describe method of execution of warrant, for example, "by affixing the warrant to   a conspicuous part of the ship, namely.........................."

 

Form 17 -- Application for discharge

(subrule 49(1))

( Title )

APPLICATION FOR DISCHARGE

  Ship/property 1 to be discharged:   2

  Applicant:   3

  Relationship with ship/property 1 :   4

  Address for service of applicant:   5

  I undertake to pay the costs and expenses of the Marshal in complying with this application.

 

1.   strike out whichever is not applicable

2.   if ship, insert name of one ship and port of registry; if other property, insert   description of property

3.   insert name and short description of applicant

4.   insert short description of interest

5.   insert address for service

 

Form 17A -- Notice of payment into Court

(paragraph   51(1A)(a))

( Title )

NOTICE OF PAYMENT INTO COURT

Ship/Property 1 :   2

Person making payment:   3

Relationship with ship/property: 1   4

I have paid into Court $   5 to secure the
release of   2 .

 

1.   strike out whichever is not applicable

2.   for a ship, insert name of ship; for other property, insert description of property

3.   insert short name and short description of person making the payment

4.   insert short description of interest

5.   insert amount of payment

Form 18 -- Application to registrar for release of ship or other property

(subrule 51(1))

( Title )

APPLICATION TO REGISTRAR FOR RELEASE OF SHIP OR OTHER PROPERTY

  Ship/property 1 :   2

  Applicant:   3

  Relationship with ship/property 1 :   4

  5 Value of ship/property 1 , as agreed between the parties/determined by the court 1 :$   6

  Grounds on which release is sought:   7

  I have caused a search to be made in the Register of Caveats Against Release and no such caveat is in force.

  Address for service of applicant:   8

  I undertake to the court to pay the costs and expenses of the Marshal in relation to the custody of the ship/property 1 ,                             2 , while under arrest, including the costs and expenses associated with the release of that ship/property 1, . 9

 

1.   strike out whichever is not applicable

2.   if ship insert name of ship; if other property, insert description of property

3.   insert name and short description of applicant

4.   insert short description of interest

5.   complete this only if claim is a claim for salvage

6.   insert value; if by agreement between parties, insert names of parties; if by   determination of the court, insert details of court order

7.   set out particulars of grounds

8.   insert address for service

9.   delete sentence if undertaking is to be given by a law practice under subrule   75A(2) of the Admiralty Rules   1988

Form 18A -- Application to Registrar for release of ship or other property by arresting party

(subrule 51(3))

( Title )

APPLICATION TO REGISTRAR FOR RELEASE OF SHIP OR OTHER PROPERTY BY ARRESTING PARTY

Ship/property 1 :   2

Applicant:   3

Relationship with ship/property 1 :   4

I consent to the release from arrest of the ship/property 1 ,                              2 .

I have caused a search to be made in the Register of Caveats Against Release and no such caveat is in force.

Address for service of applicant:   5

I undertake /   I,                             6 , of                               7 , undertake 1
to the court to pay the costs and expenses of the Marshal in relation to the custody of the ship/property 1 ,                             2 , while under arrest, including the costs and expenses associated with the release of that ship/property 1 .

 

1.   strike out whichever is not applicable

2.   if ship insert name of ship; if other property, insert description of property

3.   insert name and short description of applicant

4.   insert short description of interest

5.   insert address for service

6.   insert name of principal authorised by a law practice to give an undertaking under rule   75A

7 .     insert name of law practice

Form 19 -- Application to Court for release of ship or other property

(subrule 52(1))

( Title )

APPLICATION TO COURT FOR RELEASE OF SHIP OR OTHER PROPERTY

Ship/property 1 :   2

Applicant:   3

Grounds on which release sought:   4

I have caused a search to be made of the Register of Caveats Against Release and:

1   (a)   no such caveat is in force;

1   (b)   the following caveat/s 1 is/are 1 in force:   5

and a copy of this application was served on the following caveator/s 1 :     6 ,   7

I undertake to the court to pay the costs and expenses of the Marshal in relation to the custody of the ship/property 1 ,                             2 , while under arrest, including the costs and expenses associated with the release of that ship/property 1 . 8

 

1.   strike out whichever is not applicable

2.   insert name of ship; if other property, insert description of property

3.   insert name of applicant and description, for example, 'plaintiff' or 'Australian legal practitioner for the plaintiff'

4.   set out particulars of grounds

5.   set out short particulars of caveats in force

6.   set out clearly which caveators have been served with the application

7.   insert date of service

8.   delete sentence if undertaking is to be given by a law practice under subrule   75A(2) of the Admiralty Rules   1988

Form 19A -- Notice of release from arrest

(subrules 51(7) and 52(5))

( Title )

NOTICE OF RELEASE FROM ARREST

To the Marshal:

Ship/Property 1 :   2

Date and time of arrest:   3

Place of arrest:   4

Release   2 from the arrest executed under the arrest warrant issued on                             5 .

 

1 .   strike out whichever is not applicable

2 .   for a ship, insert name of ship; for other property, insert description of property

3 .   insert date and time of arrest of ship or property

4 .   insert place of arrest

5 .   insert the date of issue of the relevant arrest warrant

 

Form 20 -- Bail bond

(subrule 54(2))

( Title )

BAIL BOND

  1.   I/We 6 ,   1 , submit to the jurisdiction of the court.

2.   I/We 6 consent that if   2 , 3 , does not/do not 6 satisfy any
judgment in this proceeding 4 , then execution may issue against me/us 6
for a sum not exceeding $   5 .

 

1.   insert name, address and occupation of surety

2.   insert names of all parties for whom bail is to be given

3.   insert plaintiff/s or defendant/s

4.   delete if bail is for costs or expenses only

5.   insert amount

6.   strike out whichever is not applicable

In relation to witnesses, see Admiralty Rules , subrule 54(3)

Form 21 -- Notice of bail

(subrule 55(2))

( Title )

NOTICE OF BAIL

  Party on whose behalf bail given:   1

  Amount of bail: $   2

  Names and addresses of sureties:   3

  Bail bond signed before:   4

 

1.   insert name of party and "(defendant)" or as appropriate

2.   insert the amount

3.   insert name, address and occupation of each surety

4.   insert name, address and occupation of person before whom bond was taken

 

Form 22 -- Notice of objection to surety

(subrule 56(1))

( Title )

NOTICE OF OBJECTION TO SURETY

  I object to the sufficiency of the following proposed surety:   1

  Dated:

 

1.   insert name of surety

 

Form 23 -- Notice of hearing of objection to bail

(subrule 56(3))

( Title )

NOTICE OF HEARING OF OBJECTION TO BAIL

TO   1

  1.   You must attend to be examined whether your surety in this matter is   sufficient.

  Place where you must attend:   2

  Date and time when you must attend:   3

  2.   Failure to comply with this notice is an offence.

 

1.   insert name and address of surety

2.   insert place of hearing

3.   insert date and time of hearing

 

Form 24 -- Advertisement of application to limit liability limitation of shipowner's liability

(subrule 62(2))

ADMIRALTY RULES

ADVERTISEMENT OF APPLICATION TO LIMIT LIABILITY LIMITATION OF SHIPOWNER'S LIABILITY

1

NOTICE TO CLAIMANTS

  1.   On   2,3 .

  2.   The   4 has now determined that the liability of   5 should be limited, under

the     6 to a total of $   7 (action no.   8 ).

  3.   Anyone who has a claim against   5 arising out of these events and who wishes to enforce that claim against the limitation fund should enter an appearance in the Court before                             9 , otherwise an order distributing the limitation fund may be made without notice to them.

  4.   Anyone wishing to have the determination of the Court varied or set aside must apply to do so before               9 .

 

1.   insert name of ship

2.   insert date of event giving rise to the application to limit liability

3.   insert brief particulars of event giving rise to the application to limit liability

4.   insert name of court

5.   insert name of applicant

6.   insert "Navigation Act 1912 (Cth)" or as appropriate

7.   insert amount determined by the court

8.   insert number and year of proceedings

9.   insert last day for entry of appearance or application to vary or set aside

Form 25 -- Application to vary or set aside determination limiting liability

(subrule 64(1))

( Title )

APPLICATION TO VARY OR SET ASIDE DETERMINATION LIMITING LIABILITY

  1.   Applicant:   1

  2.   Determination sought to be set aside or varied:   2

  3.   Nature of claim against applicant for determination to limit liability:                   3

  4.   I apply to have the determination set aside/varied 4 as follows:   5

  5.   I have not been served with initiating process in that proceeding.

 

1.   insert name, address and occupation of applicant

2.   insert particulars of determination to be set aside or varied

3.   set out short particulars of the claim

4.   strike out whichever is not applicable

5.   insert details of variation sought

Form 26 -- Application for valuation or sale of ship or other property

(subrule 69(2))

( Title )

APPLICATION FOR VALUATION OR SALE OF SHIP OR OTHER PROPERTY

  1.   Ship/property 1 :   2

  2.   Applicant:   3

  3.   I apply for the ship/property 1 :

  1 to be valued

  1 to be valued and sold under the Admiralty Act 1988

  1 to be sold under the Admiralty Act 1988 without valuation.

  4.   I undertake to pay on demand to the Marshal an amount equal to the costs and expenses involved.

 

1.   strike out if not applicable

2.   insert name of ship; if other property, insert description of property

3.   insert names of applicant and description, for example, "plaintiff"

Form 27 -- Order for valuation or sale of ship or other property

(subrule 69(3))

( Title )

ORDER FOR VALUATION OR SALE OF SHIP OR OTHER PROPERTY

  Ship/property 1 :   2

  To the Marshal:

  1.   1 Have the above ship/property 1 valued in writing.

  2.   1 Sell the above ship/property 1 under the admiralty Rules.

  3.   1 The sale need not be by public auction.

 

1.   strike out if not applicable

2.   insert name of ship; if other property, insert description of property

Form 28 -- Notice of application to determine priorities

(subrule 73(2))

( Title )

NOTICE OF APPLICATION TO DETERMINE PRIORITIES

1

  1.   The   1 has been/is about to be 2 sold and the proceeds of sale,

$   3 , have been/will be 2 paid into Court at   4 .

  2.   Application has been made to determine the priority of claims against the ship/proceeds of sale 2 .

  3.   The application will not be determined until after 5 .

  4.   Anyone who has a claim against the ship/proceeds of sale should commence proceedings to enforce that claim before               5 , and if necessary apply to the Court to extend the period within which the order of priorities will not be determined, otherwise an order determining the priority of claims against the ship or proceeds of sale may be made without notice.

 

1.   insert name of ship

2.   strike out whichever is not applicable

3.   insert amount

4.   insert registry, if applicable

5.   insert date specified by the court on the application to determine   priorities

Form 29 -- Register of admiralty proceedings

(rule   79)

REGISTER OF ADMIRALTY PROCEEDINGS

  1 Ship/property 1 :   2

  Year and number:

  Amount claimed/other relief sought 1 :   5

  Parties:   3

    Plaintiff:

    Defendant(s) 1 :

  Nature of claim:   4

  1 Arrest made:

    Ship/property 1 arrested:   5

    Was it a surrogate ship:Yes/no 1

  1 Caveat against release:

    Filed by:   7

    Withdrawn:   6

    Set aside:   6

  2 Transferred/remitted 1

    To:   8

    Date:   6

  Date fixed for hearing:   6

  Judgment:

    For plaintiff/defendant 1

    Date:   6

    1 Amount:$   9

    1 Other relief given:   s 10

  1 Ship/property 1 sold:

    Purchaser:   11

    Date:   6

    Price:   $   9

 

1.   strike out whichever is not applicable

2.   if ship, insert name of one ship and port of registry; if other property, insert   description of property

3.   insert names of parties, as indicated

4.   insert nature of claim; if proprietary or general maritime claim, refer to   relevant provision of the Admiralty Act 1988

5.   complete this question

6.   insert date

7.   name of caveator

8.   court of transfer or remittal as appropriate

9.   insert amount

10.   insert other orders made

11.   insert name and address

 



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