Australian and New Zealand Maritime Law Journal

2000: Conference Proceedings
Articles

The Review of the Admiralty Rules in Australia and New Zealand

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  • The Hon Justice R.E. Cooper

Published 2000-08-05

Keywords

  • Admiralty Rules (Cth),
  • Admiralty Act 1988 (Cth),
  • civil admiralty jurisdiction,
  • Australian Admiralty jurisdiction,
  • proceedings in rem,
  • ship arrest, sale and preservation fees and expenses,
  • admiralty marshal,
  • warrant of arrest,
  • ship arrest,
  • substitute custodian,
  • solicitors' undertakings
    • ...More
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Abstract

Justice Cooper begins by stating that the Admiralty Act 1988 (Cth) and accompanying Admiralty Rules, which commenced to operate in Australia on 1 January 1989, were due to be reviewed after their first ten years of operation by the Rules Committee and the Admiralty Sub-Committee of the Federal Court of Australia. MLAANZ also established a Rules Sub-Committee to prepare a report on the Rules in operation. A further consideration revolved around whether there was a need to, or an advantage in, harmonising the relevant admiralty rules in Australia and New Zealand.

At the time this paper was written, the review had commenced, however MLAANZ's report was still unfinished. In this paper, Justice Cooper deals with the issues so far raised, offers some comparisons with Canadian and United States admiralty jurisdiction, and discusses some possible changes as suggested by the practitioners consulted.

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