Published 1999-09-25
Keywords
- Admiralty jurisdiction,
- Australian Admiralty jurisdiction,
- action in rem,
- ship arrest,
- judicial sale of vessel
- wrongful arrest,
- counter security,
- surrogate ship arrest,
- ship arrest, sale and preservation fees and expenses,
- demise charterparty,
- Arrest Convention 1999,
- shipwreck,
- The Titanic,
- salvage,
- maritime lien,
- exclusive jurisdiction,
- inchoate jurisdiction,
- fisheries,
- Australian Fisheries Management Authority,
- Admiralty Act 1988 (Cth),
- Admiralty Rules (Cth) ...More
Abstract
Justice Tamberlin presents this paper as part of Business Session 10. His Honour selects for consideration two main areas: the first is the underpinning concept of the Admiralty jurisdiction, namely the nature and extent of the action in rem, while the second concerns some practical aspects which have arisen in the court process from arrest to sale of vessels which form the regular, if not daily, fare of Admiralty judges. More precisely, his Honour looks at the nature and extent of the action in rem, wrongful arrest and counter-security on arrest, arrest of surrogate ships, sale by the Admiralty court, the Admiralty Marshal's fees and expenses, and the termination of demise charters.