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The Admiralty and Maritime National Practice Area (NPA) incorporates proceedings that relate to admiralty or maritime disputes, including:

• in rem proceedings
• in personam proceedings
• marine insurance
• cargo claims
• other matters including matters relating to the Navigation Act 2012 (Cth) and the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth).

The admiralty and maritime jurisdiction also includes:

• any proceeding under or by reference to the Admiralty Act 1988 (Cth) and Admiralty Rules 1988 (Cth) (Admiralty Rules) and any of the Acts (and related Regulations thereunder) set out under the Legislation section (A&M Acts)
• applications pursuant to the Administrative Decisions (Judicial Review) Act 1977 (Cth) for review of decisions made under the A&M Acts
• appeals from decisions of the Administrative Appeals Tribunal (AAT) in relation to applications to that Tribunal for reviews of decisions made under the A&M Acts
• proceedings arising under a provision of the A&M Acts for the purposes of paragraph 39B(1A)(c) of the Judiciary Act 1903 (Cth).

The Court is also able to determine any proceeding of admiralty or maritime jurisdiction not otherwise within its jurisdiction that is associated with a proceeding in which the jurisdiction of the Court under the Admiralty Act is invoked.

Memoranda of Understanding

The Court continues to clarify relations with key maritime organisations and the Court has entered into Memoranda of Understandings with:

• Australian Maritime Safety Authority ("AMSA") – 14 August 2002
• Australian Customs and Border Protection Service – effective 4 November 2013
• Ports Australia - revised 1 December 2015.

The Oar Mace of Admiralty

The Federal Court maces are the first ever to bear the arms of Australia, signifying the sovereign source of admiralty jurisdiction in Australia and the jurisdiction of the Court in admiralty.

For urgent applications to arrest or release a vessel from arrest, see Arrest and release of a vessel below.
Urgent applications for the arrest of a vessel may be made at any time, including outside Court business hours.

For urgent applications, other than for the arrest or release of a vessel:

1. If the matter is already in a judge’s docket, contact the chambers for that Judge;
2. If the matter is not currently docketed to an admiralty and maritime judge, contact the chambers of the relevant Admiralty and Maritime Registry Co-ordinating Judge in the Registry where the proceeding is intended to be filed or, in his or her absence, a judge in the Admiralty & Maritime National Practice Area in that Registry.
3. If the application is made outside of normal business hours contact the Out of Hours Duty Registrar on 02 9966 7988 

Admiralty Marshals are available to arrest a vessel anywhere in Australia at any time on any day of the year.

Practitioners should be prepared and able to provide to the Duty Registrar or Marshal the following details about a potential arrest:

• Name and location of the vessel to be arrested (if known);
• When the application to arrest the vessel is intended to be filed and in which Registry;
• Any information that may assist the Marshal to execute the arrest, including any safety issues; and
• Confirmation that the practitioner has the necessary funds to pay for the Marshals' fees and expenses to execute the arrest.

1. In situations where an arrest is not necessarily required urgently, practitioners are still strongly encouraged to contact the court, as far in advance as possible, to provide these, and any other relevant details. To do so, practitioners should contact one of the following Admiralty Registrars:

During east coast business hours: 

• Senior National Judicial Registrar Paul Farrell
  Ph: 02 8099 8473 or 0414612374
  Email: Assistant.FarrellR@fedcourt.gov.au
  
  
• National Judicial Registrar Jacinta Ellis
  Ph:03 8638 6843
  Email: Assistant.EllisR@fedcourt.gov.au

During west coast business hours:   

• National Judicial Registrar Russell Trott
  Ph: 08 6137 5455
  Email: WA-Registrar.SupportMailbox@fedcourt.gov.au

2. When filing documents regarding an arrest that is not urgent, or when filing documents during business hours in respect of an urgent arrest:

• the Registry in which the documents are filed will refer them to the Duty Registrar who will liaise with one of the Admiralty Registrars in order to expedite the filing and arrest process;
• if you have already been in contact with an Admiralty Registrar, please notify that Registrar when you have filed the documents and let them know at which Registry they were filed.

3. When seeking an urgent arrest out of business hours:

• Please contact the Out of Hours Duty Registrar on 1300 352 000

The Out of Hours Duty Registrar will then contact one of the Admiralty Registrars, (or if none is  available, contact the chambers of one of the Admiralty Judges).

The relevant forms and rules required to commence an application to arrest a vessel are set out under Forms, Rules and Fees below.

 

 

Insurance of property arrested under the Admiralty Act

The Marshal will obtain indemnity insurance for the period the vessel is in the custody of the Marshal under the Admiralty Act. Further information about the insurance requirements and how to calculate insurance is available in Admiralty Marshal Insurance Cover. 

Release of a vessel under Arrest

Practitioners should follow the process set out above for contacting the relevant Registry where a vessel is to be released from arrest. Where the release is required as a matter of urgency, please contact one of the Admiralty Registrars listed above in business hours  or the out of hours duty registrar if you have not already been in discussions with one of them or the Marshal about the release.

The ship or property will only be released if satisfactory arrangements have been made for the payment of the Marshals' costs and expenses incurred in connection with its custody while under arrest. (refer to Rules 41 and 53 of the Admiralty Rules).

Admiralty and maritime proceedings will initially be allocated, on a provisional basis, to the Admiralty and Maritime Registry Co-ordinating Judge in the relevant registry, who will be responsible for case managing the proceeding until it is allocated to the docket judge (an Admiralty and Maritime NPA Judge). The docket judge will then be responsible for case management, hearing and determination of the proceeding.

As early as possible in the proceeding, practitioners must inform the Court of the nature of the dispute, the real issues in dispute, how the essential facts are to be proved, whether or not there are technical issues and whether there are any particular evidential difficulties because of expert or overseas witnesses.

The Court appreciates that in admiralty and maritime proceedings both the plaintiff and the defendant may need extra time (for example, to obtain instructions from overseas clients). Nevertheless, the Court expects the parties and their lawyers to promptly ascertain, as far as is reasonably possible, the nature and facts of the proceeding.

Conduct of cargo claims

The Court’s expectations with respect to the resolution of cargo claims is set out in the Admiralty and Maritime Practice Note (A&M-1).

Alternative dispute resolution

The Court has staff (some of whom are Marshals) with skills and expertise in maritime proceedings, who are available, as required, to conduct or assist in the conduct of mediations in this NPA.

In appropriate proceedings the Court is prepared to make available outside persons with relevant skills retained by the Court on an ad hoc basis. The engagement of such persons would generally be through the offices of professional or industry associations.

The Court also has power to refer proceedings (by consent) to arbitration under the Federal Court Act. Speedy procedures akin to those of the London Maritime Arbitration Association Small Claims procedures can be used. This may be particularly suitable in small cargo claims.

For more detailed information relating to the case management of admiralty and maritime proceedings, refer to the Admiralty and Maritime Practice Note (A&M-1).

The NPA practice note sets out the arrangements for the management of admiralty and maritime proceedings:

NPA Practice Note:

Admiralty and Maritime Practice Note (A&M-1)

Other practice notes and guides which may be relevant to this NPA include:

NPA Practice Notes:	Commercial & Corporations Practice Note (C&C-1)
General Practice Notes:	Cross-Border Insolvency (GPN-XBDR) Overseas Service and Evidence (GPN-OSE) Freezing Orders (GPN-FRZG)
Guides and Precedent Orders:	Marshal’s Manual Marshal’s Insurance Precedents for Admiralty Orders

 

Filing fees for commencing a proceeding in this NPA may apply. Information about Court fees, including the fees payable and circumstances where an exemption or deferral can be given is available in Forms, Fees & Costs or from the Registry.

Specific information about Marshals' costs and admiralty insurance cover is also available on the website.

Procedural rules for proceedings under the Admiralty Act

The general procedure for the conduct of proceedings under the Admiralty Act is set out in the Admiralty Rules. As the Admiralty Rules do not provide a comprehensive code, the Federal Court Rules 2011 (Cth) (FCA Rules) also apply except to the extent of any inconsistency.

Commencing a proceeding under the Admiralty Act

Proceedings under the Admiralty Act are commenced either as an action:

• in rem or
• in personam.

Proceedings in rem and in personam must be commenced by separate processes (refer to rule 18 of the Admiralty Rules).

1.  In rem proceedings

An action in rem is an action against a ship or cargo or other property on, or related to, the ship. In such an action, a ship coming into Australian waters may be arrested for the purpose of providing security for money claimed from the ship owner and operator. If security is not provided, a judge may order the sale of the ship to provide funds to pay the claims.

An action in rem may be commenced against a ship or other property as provided in Part III of the Admiralty Act, including:

• a proprietary maritime claim
• a maritime lien (as defined in the Admiralty Act) or other charge in respect of the ship or other property
• a general maritime claim where the owner of the ship or property when the action is commenced was the owner or charterer or was in possession or control of the ship or property when the cause of action arose, and such person would be also liable on the claim if commenced as an action in personam
• a general maritime claim where the demise charterer (being a person who has full possession and control of a ship pursuant to a lease) of the ship when the action is commenced was the owner or charterer or was in possession or control of the ship when the cause of action arose, and such person would be also liable on the claim if commenced as an action in personam.

A proceeding in respect of a general maritime claim against a ship ('the first ship') may also be commenced as an action in rem against some other ship ('the surrogate ship') where the owner of the surrogate ship when the action is commenced was the owner or charterer or was in possession or control of the first ship when the cause of action arose, and such person would be also liable on the claim if commenced as an action in personam. The right to proceed against a surrogate ship does not arise in relation to a proprietary maritime claim.

A proceeding which is an action in rem (also known as the initiating process) under the Admiralty Act is commenced by filing the following forms:

Forms:	Admiralty Form 6 - Writ Admiralty Form 8 - Statement of claim: Action in rem
Rules:	Admiralty Rules 15, 16, 19, 22(2) and 30
Notes:	There are specific service requirements for in rem proceedings (refer to Rule 30 of the Admiralty Rules). Ordinarily a Marshal serves the initiating process (refer to Rule 33 of the Admiralty Rules) when the Marshal executes an arrest warrant (refer to Rule 43(1) of the Admiralty Rules).

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2.  In personam proceedings

An action in personam is a proceeding against a person, including an organisation.

The Admiralty Rules do not provide for how an action in personam is to be commenced, other than to state that such an action cannot be commenced by the same initiating process as the process initiating an action in rem.

The usual practice in the Court is for an action in personam to be commenced by filing the following forms and paying the relevant fees:

Forms:	Form 15 - Originating application Form 17 - Statement of claim Concise Statement (parties should consider when commencing an admiralty and maritime matter whether a concise statement should be used (refer to the Central Practice Note (CPN-1) and Commercial and Corporations Practice Note (C&C-1))
Rules:	Federal Court Rules 2011 8.01(1), 8.04(1) and 8.05(1)(a)

Parties should consider whether it is necessary to file a Genuine Steps Statement (Form 16) in certain proceedings in this NPA – see r 8.02 of the FCA Rules and the Civil Dispute Resolution Act 2011 (Cth) (including sections 6, 7 and 16).

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3.  Application for arrest

An application for an arrest warrant constitutes an unlimited undertaking to the Court to pay the Marshal, on demand, an amount equal to the costs and expenses of the Marshal in relation to the arrest, including the costs and expenses in relation to the ship or property while it is under arrest (refer to r 41 of the Admiralty Rules).

These costs and expenses can be very significant. Further information on Marshal's costs is available on the Admiralty Marshals page. See also Arrest and release of a vessel below.

An application for the arrest of a vessel is commenced by filing the following forms:

Forms:	Admiralty Form 6 - Writ Admiralty Form 12 - Application for arrest warrant Admiralty Form 13 - Affidavit to support application for arrest warrant Admiralty Form 14 - Arrest warrant If required, Admiralty Form 15 - Request not to execute arrest warrant
Rules:	Admiralty Rules 19, 39(1) and (3), 40(2) If a "Request not to execute arrest warrant" is filed: Admiralty Rules 43 (5) and (6)

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4.  Caveats against arrest

A caveat against the arrest of a ship or property constitutes an undertaking by the person lodging the caveat to enter an appearance in any action in rem started against the ship or property specified in the caveat.

In certain situations the caveat also operates as an undertaking to pay into the Court, unless otherwise agreed, within three days of being served with a writ, either the amount claimed in the writ or the amount specified in the caveat (whichever is the less) or to enter a bail bond in that amount.

Forms:	Admiralty Form 2 - Caveat against arrest of ship or other property Admiralty Form 3 - Australian legal practitioner's undertaking
Rules:	Admiralty Rules 7, 8 and 9
Notes:	The Register of Caveats against arrest can be searched at any Registry of the Federal Court. A list of the current caveats against arrest on the register is available on the Court's website through the Federal Law Search facility.

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5.  Release of an arrested vessel

A ship or property may be released from arrest where:

• the party who obtained the arrest consents in writing to the release see Arrest and release of a vessel for details as to the process where the release is required as a matter of urgency.
 
• the Court orders release, or where the proceeding is discontinued or dismissed
• a bail bond in the required amount is filed in the Court
• the required amount is paid into the Court.

The ship or property will only be released if satisfactory arrangements have been made for the payment of the Marshals' costs and expenses incurred in connection with its custody while under arrest (refer to Rules 41 and 53 of the Admiralty Rules).

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6.  Caveats against release

A caveat against release may be filed in the Court where the arrest warrant was issued. Where a caveat against release is in force, the person who lodged the caveat must be given a copy of any application to the Court for an order to release the ship or property under arrest. In addition, the Judicial Registrar is not able to order the release of the ship or property unless the Court so orders.

Forms:	Admiralty Form 4 - Caveat against release from arrest of ship or other property
Rules:	Admiralty Rules 10 and 11
Notes:	A caveat may be set aside, wholly or in part The Register of Caveats against release filed in the Federal Court can be searched at any Registry of the Court. A list of the current caveats against release on the register is available on the Court's website through the Federal Law Search facility.

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7.  Withdrawal of caveats

A caveator may withdraw a caveat by filing:

Forms:	Admiralty Form 5 - Withdrawal of caveat
Rules:	Admiralty Rules 13

For further procedural and case management information you should refer to the Central Practice Note (CPN-1) and the Admiralty & Maritime Practice Note (A&M-1).

• Admiralty Act 1988 (Cth)
• Admiralty Rules 1988 (Cth)

The admiralty and maritime work of the Court is not limited to proceedings under the Admiralty Act and Admiralty Rules, see also All Australian Legislation.

Commonwealth of Australia	Acts | Subordinate legislation
New South Wales	Acts | Subordinate legislation
Northern Territory	Acts | Subordinate legislation
Queensland	Acts | Subordinate legislation
South Australia	Acts | Subordinate legislation
Tasmania	Acts | Subordinate legislation
Victoria	Acts | Subordinate legislation
Western Australia	Acts | Subordinate legislation

• Treaties and conventions
• Other countries’ legislation
  • United Kingdom
  • New Zealand
  • Singapore
  • Hong Kong
  • Canada
  • United States
  • South Africa

Please note: these lists are not exhaustive

• 28 Jul 2022: Admiralty and maritime seminar
  Updates on UK, South Africa, Hong Kong, Singapore and Australia.
• 18 Nov 2021: Navigating the rough seas of enforcement
  AMTAC annual address, by Justice Stewart.
• 1 Sep 2021: Introductory remarks to MLAANZ marine insurance webinar
  Webinar presented by Justice Stewart.
• 23 Sep 2020: World in a box: What legal issues might yet need to be resolved and by what mechanism?
  Presented by video at the Australian Academy of Law "World in a box" online seminar, by Justice Sarah Derrington.
• 24 Jul 2019: Salvage learnings from the Thor Commander
  Delivered at the MLAANZ / Federal Court of Australia Lunchtime Lecture by Justice Stewart, Sydney.
• 25 Jul 2017: Practical aspects of a judicial sale
  Presented to the National Admiralty Seminar, Federal Court of Australia, by Tony Tesoriero.
• 25 Jul 2017: Some practical aspects associated with the judicial sale of ships
  Presented to the National Admiralty Seminar, Federal Court of Australia, by Gregory Nell SC.
• 23 Apr 2015: Cross-border insolvency and shipping - a practical guide
  Presented at the Admiralty Seminar, Federal Court of Australia, 23 April 2015.
• 21 May 2009: Practical issues arising from the arrest of ships
  Presented to the Ship Arrests and Insolvency - Admiralty and Maritime Law Nation-wide Seminar by Rainer Gilich.
• 21 May 2009: The res, arrest and insolvency
  Presented by Justice Rares to the National Admiralty Seminar 2009 - Federal Court of Australia.

• Arbitration
• International maritime and trade related organisations
• Maritime law associations
• Maritime security
• News and research
• Organisations - Australia
• Organisations - International
• Ports, port authorities and related government bodies - Australia 
• Universities, maritime law centres, education and training