Published 2002-10-02
Keywords
- ship arrest,
- Admiralty Act 1988 (Cth),
- Australian Admiralty jurisdiction,
- action in rem,
- security
- maritime claim,
- maritime lien,
- judicial sale of vessel,
- maritime lien for unpaid wages,
- ship arrest, sale and preservation fees and expenses,
- the 'Ionian Mariner',
- the 'Rangitata',
- the 'Turakina',
- legal costs,
- ship sale fund,
- ship mortgage,
- priority of claims ...More
Abstract
This paper was presented as part of Business Session 1, on the topic of 'Admiralty: Issues in Administration and Case Management', which was chaired by Ron Salter. The second page of the paper contains a short biography of the author.
In this paper, Justice Ryan examines some of the issues of time and costs which have been revealed in the practical administration of ship arrests. To do this, Justice Ryan looks at three cases, two of which are related because the vessels had been operated in the same interest, which have been commenced in the Federal Court in the last seven years. The author draws attention to salient points in each case where significant costs were incurred or where the resolution of competing claims was delayed, in order to demonstrate what remedies would tend to maximise the distributable funds from future sales and make them available at the earliest practicable time to those entitled to them.