South Australian Current Acts South Australian Current Acts60—Remedy against shipowners and others for injuries
(1) If it is alleged
that the owners of any ship are liable to pay damages in respect of personal
injuries, including fatal injuries, caused by the ship or sustained on, in, or
about the ship, in any port or harbour in the State, in consequence of the
wrongful act, neglect, or default of the owners of the ship, or the master or
officers or crew thereof, or any other person in the employment of the owners
of the ship, or of any defect in the ship or its apparel or equipment, and at
any time that ship is found in any port or river in the State or in any water
within three miles of the coast of the State, the Supreme Court or the local
court of full jurisdiction nearest to the ship may, upon its being shown to
the court by any person applying in accordance with rules of court that the
owners are probably liable to pay damages in respect of such injuries and that
none of the owners resides in the State, issue an order directed to any
officer of the Supreme Court or of the said local court, or of the Minister of
Marine, or of any authority exercising the powers vested in the said Minister
named in the order, requiring such officer to detain the ship until such time
as the owners, agent, master, or consignee thereof have paid such
compensation, or have given security, to be approved by a Judge of the Supreme
Court, or as the case may be, by a judge or magistrate of the said local
court, to abide the event of any proceedings that may be instituted in respect
of the injuries, and to pay all costs and damages that may be awarded thereon.
(2) The officer to
whom the order is directed may detain the ship in accordance with the order.
(3) In any legal
proceedings in relation to such injuries as aforesaid, the person giving
security may be made the defendant, and shall be stated to be the owner of the
ship which has caused the injuries, and the production of the order of the
judge or magistrate made in relation to the security shall in the said
proceedings be conclusive evidence that the defendant is the owner of the
ship.
(4) If the owner of a
ship is a corporation, such corporation shall, for the purpose of this
section, be deemed to reside in the State if it has an office in the State at
which service of process can be effected.
(5) If a ship after
detention in pursuance of this section or after service on the master of any
notice of an order for detention under this section, proceeds to sea before
the ship is released by the officer detaining it, the master of the ship, and
also the owner, and any person who sends the ship to sea, if that owner or
person is party or privy to the offence, shall be guilty of an offence and
liable on summary conviction to a penalty not exceeding four hundred dollars.
(6) If the master
proceeds to sea with the ship in contravention of subsection (5) of this
section, and takes to sea any person authorised to detain the ship or any
person assisting any person so authorised, the owner and master of the ship
shall each be liable to pay all expenses of and incidental to the taking to
sea of any such person, in addition to any penalty imposable under
subsection (5).
(7) The words "person
applying" in this section shall include an employer who has paid compensation,
or against whom a claim for compensation has been made, under the Workmen's
Compensation Act 1932 or under any corresponding subsequent enactment, if
he shows the court that he probably is or will become entitled to be
indemnified under that Act or enactment, and in such case this section shall
apply as if the employer were a person claiming damages in respect of personal
injuries.
(8) The jurisdiction
of the Supreme Court under this section may be exercised by a single judge of
that court sitting in chambers.