Western Australian Current Regulations

W.A. MARINE (COURT OF MARINE INQUIRY) RULES - NOTES

Appendix

The following forms shall be employed, as far as possible, with such alterations as circumstances may require, but no deviation from the prescribed forms shall invalidate the proceedings, unless the Court shall be of opinion that the deviation was material: — 

Form No. 1

Western Australian Marine Act 1982

NOTICE OF APPEAL

To the Clerk of the Court of Marine Inquiry at
held at

Take notice that I (name and address) the master (or managing owner or owner of shares) of the ship “ ” of the port
of do appeal from the report of the surveyor appointed by the Department to survey the said ship (or as the case may be).

The address at which all notices and documents may be served on me is

Dated the day of , 20 .

(To be signed by Appellant.)

Form No. 2

Western Australian Marine Act 1982

NOTICE OF SITTING OF COURT

The Court of Marine Inquiry at

In the matter of an appeal by , from the report of
, the surveyor appointed by the Department to
survey the ship “ ” (or as the case may be).

To A.B., the master (or managing owner or owner of shares) of the
ship “ ” the appellant (or the Department).

Take notice that the Court of Marine Inquiry will meet at
on the day of 20 ,
at o’clock in the noon to hear the (appeal) in the above matter.

Dated this day of , 20 .

Clerk of the Court.

Form No. 3

Western Australian Marine Act 1982

ORDER OF COURT FOR RELEASE OR DETENTION OF SHIP

The Court of Marine Inquiry at

In the matter of an appeal by from the report of
the surveyor appointed by the Department to survey the ship
“ ” (or as the case may be).

The Court (or I, ) (with the concurrence of )
orders (or do order) the said ship to be released (or detained) (finally or conditionally upon ).

Given under my hand this day of , 20 .

Presiding Magistrate.

We (or I) concur in the above report.

Assessor.
Assessor.

Form No. 4.

Western Australian Marine Act 1982

REPORT OF MAGISTRATE OF COURT OF MARINE INQUIRY

The Court of Marine Inquiry at

In the matter of an appeal by from the report of the
surveyor appointed by the Department to survey the ship “ ” (or
as the case may be).

I, , do report that (this Court) having heard this
appeal (I) did with (concurrence of ) order the
said ship to be released (or detained) (finally and conditionally upon ).

The Court (or I) did also order that the costs of this appeal be paid by
to the Department (or that all parties shall pay their own costs, or as the case may be).

Dated this day of , 20 .

Magistrate.

We (or I) concur in the above report.

Assessor.
Assessor.

I dissent from the above report, for the following reasons, viz.: —

Assessor.

Form No. 5

Western Australian Marine Act 1982

NOTICE OF INQUIRY

The Court of Marine Inquiry at

To the Department (or to Master or (or as the case
may be) of (or belonging to) the ship “ ”).

I hereby give you notice that the Court of Marine Inquiry will, on
the day of , 20 , at the hours of
o’clock in the noon, at the Courthouse, situate at make
inquiry into the circumstances attending the shipwreck of the “ ”
(or as to the charge of incompetency on the part of ) (or as the case may be).

I have further to give you notice to produce to the Court (your master’s certificate, the log books of the vessel, and) any (other) documents relevant to this case which may be in your possession.

Dated this day of , 20 .

Clerk of the Court.

Form No. 6

Western Australian Marine Act 1982

SUBPOENA TO WITNESS TO GIVE EVIDENCE

The Court of Marine Inquiry

In the matter of an inquiry as to the shipwreck of the “ ”
(or as the case may be).

You are hereby commanded to attend at the Courthouse at
on the day of 20 , at the hour of
in the noon, to give evidence in the above case (on behalf of
), and thence from day to day until the said case shall be disposed
of.

Dated this day of , 20 .

Clerk of the Court.

To.

Form No. 7

Western Australian Marine Act 1982

SUBPOENA TO WITNESS TO PRODUCE DOCUMENTS

The Court of Marine Inquiry at

In the matter of an inquiry as to the shipwreck of the
(or as the case may be). You are hereby commanded to attend at the Court House, at , on the day of ,
20 , at the hour of in the noon, to give
evidence in the above case (on behalf of ), and thence from day to day until the said case shall be disposed of; and you are also to bring with you and produce at the time and place aforesaid the several documents hereunder specified (and all other books, papers, writing and other documents relating to the above case which may be in your custody, possession, or power).

Dated this day of , 20 .

Clerk of the Court.

To
List of documents required to be produced: — 

Form No. 8.

Western Australian Marine Act 1982

DECISION OF THE COURT

The Court of Marine Inquiry at

In the matter of a formal inquiry held at before (name
of Magistrate) assisted by (names of assessors) into the circumstances attending the shipwreck of the (or as the case may be).

The Court having carefully inquired into the circumstances attending the abovementioned (shipping casualty) finds that the (here state the decision of the Court).

Dated this day of , 20 .

Magistrate.

Form No. 9

Western Australian Marine Act 1982

ORDER ON A PARTY FOR PAYMENT OF COSTS

The Court of Marine Inquiry at

In the matter of a formal inquiry held at , before (name of
Magistrate) assisted by (names of assessors) into the circumstances attending the shipwreck of the (or as the case may be).

The Court orders (or I do order) that A.B. do pay to the Department (or as the case may be) the sum of dollars on account of the
expenses of this (inquiry).

Given under my hand this day of , 20 .

Magistrate.

Form No. 10.

Western Australian Marine Act 1982

MINUTE BOOK

Minutes of Proceedings in the Court of Marine Inquiry at

No. of Case	Name of Ship	Name of Parties	Nature of Inquiry, Appeal or Reference	Judgment or Decision of the Court	Names of Members of the Court and Assessors	Date of Judgment or Decision

[Appendix amended: Gazette 1 July 1983 p.2194.]

Notes

¹ This is a compilation of the W.A. Marine (Court of Marine Inquiry) Rules and includes the amendments referred to in the following Table.

Compilation table

Citation	Gazettal	Commencement
W.A. Marine (Court of Marine Inquiry) Rules	15 Mar 1950 p. 583-9	15 Mar 1950
W.A. Marine (Court of Marine Inquiry) Amendment Rules 1983	1 Jul 1983 p. 2194	1 Jul 1983 (see r. 2)
W.A. Marine (Court of Marine Inquiry) Amendment Rules 2000	17 Nov 2000 p. 6293-5	17 Nov 2000

² The W.A. Marine (Court of Marine Inquiry) Amendment Rules 2000 deleted headings to various rules that formed part of the written law. The deletions are not noted in footnotes to the rules. The headings to the rules in this reprint do not form part of the witten law (see Interpretation Act 1984 s. 32).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)
Clerk 2
Court 2