Marshal's Manual

Chapter 5: Release

[5.1] The legal framework

Division 3 of Part VI (Rules 51-53) of the Admiralty Rules sets out the rules for the release of a ship or other property.

If the Court or a Registrar orders release of a ship, the Court or Registrar must give the Marshal a notice of the release in accordance with Form 19A and an entered order.

[5.2] The release

Annexure 14 sets out a release checklist that must be completed by the responsible Marshal. A release will involve the following steps:

1. Relinquishing any controls the Marshal has over the ship.

2. Ensuring the warrant, writ and affidavit are removed from the ship.

3. Notifying the following of the release by providing them with a copy of the order:

• the Plaintiff’s and owner’s solicitors
• the Ship
• the Ship’s Keeper
• Transport Security Coordination Centre of the Office of Transport Security
• Manager of Marine Operations/Harbour Master
• the relevant Port Authority;
• the water police (if previously notified)
• the Collector of Customs
• the Australian Maritime Safety Authority
• Arthur J Gallagher & Co (see [5.3]).

4. Notifying the people on the distribution list (ie those notified of the arrest) of the release.

5. Notifying the relevant District Registry of the release so that Casetrack may be updated.

6. Update the Admiralty Arrest Register, see [3.24] for further details.

7. Finalise invoices and accounts, including return of any outstanding deposit:

• Sample of Return of Balance of Deposit.

[5.3] Notification of insurer

On release of the ship the section titled ‘release of ship’ on the Declaration of Arrested Ship form (see Annexure 4) should be completed and the entire form retransmitted to Arthur J Gallahger & Co.

The insurer’s contact details are at [3.25].