Australian and New Zealand Maritime Law Journal

2019: Conference Proceedings
Conference Presentations

Ship arrest and undertaking as to damages: is it time for a change?

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  • Gregory Nell SC

Published 2019-09-11

Keywords

  • ship arrest,
  • The 'Alkyon',
  • action in rem,
  • jurisdiction,
  • security,
  • Mareva injunction,
  • wrongful arrest,
  • damages for wrongful arrest,
  • Admiralty Act 1988 (Cth),
  • Notice of Acceleration,
  • undertaking,
  • cross-undertaking,
  • right of arrest,
  • release from arrest
    • ...More
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Abstract

This paper contains the slides for Nell's presentation on ship arrest and undertakings as to damages. After providing an introduction to these matters, Nell discusses the case of the Alkyon (including the appeal in 2019), gives his commentary, and finishes with a discussion as to whether reform is needed on these matters in Australia and New Zealand.

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