Published 2000-08-05
Keywords
- Admiralty Rules (NZ),
- Admiralty Rules (Cth),
- maritime law uniformity,
- maritime law harmonisation,
- Admiralty jurisdiction
- Admiralty procedure,
- action in rem,
- ship arrest,
- action in personam,
- marine insurance,
- insurance of vessel under arrest,
- service on cargo,
- sales pendente lite,
- powers of the Registrar,
- ship arrest, sale and preservation fees and expenses,
- solicitors' undertakings,
- security,
- judicial sale of vessel,
- seafarer claims,
- abandonment,
- movement of arrested vessel ...More
Abstract
In this paper, Broadmore reviews the New Zealand Admiralty Rules 1975 in light of experience and the Australia Rules, first to see whether any changes are called for, and secondly to see what problems there might be in developing substantively identical rules in both jurisdictions. As well as providing some historical background to the form of Admiralty jurisdiction in both countries, Broadmore lists out some of the major differences between the two regimes. Following this, the author considers some of the problems identified in New Zealand cases, and some matters not dealt with in either country's rules.
Broadmore concludes that there is a case for amending the New Zealand rules, both to bring them into conformity with the style of the rest of the High Court Rules, and to address a variety of substantive matters.