Abstract
It is apparent that when ships are arrested the Marshal will incur costs. These costs are re-couped by the Marshal from the arresting party and/or their solicitors. Therefore, in addition to the filing fee that is payable in relation to a Writ in Rem (i.e. A$1881.00 in case of a company and A$785.00 in all other cases)1 an arresting party is generally required to pay an initial upfront deposit of A$5000.00 in lieu of the Marshal’s costs and expenses associated with an arrest. Pursuant to Rule 78 of the Admiralty Rules 1988 (Cth) the Marshal may make additional demands from time to time during an arrest for additional funds to be provided by the solicitors for the arresting party. The Marshal’s entitlement to re-coup these costs is based on the arresting party or its solicitors providing an undertaking to the Court to pay these costs and expenses. The costs associated with an arrest may vary depending on factors like where the arrest is to be effected; whether the ship in question is at anchor or at berth; and the length of the arrest.