The Interaction Between Admiralty and Insolvency Law: A Commentary on Some Recent Issues Concerning the Arrest of Ships
Published 2009-09-02
Keywords
- Australian Admiralty jurisdiction,
- ship arrest,
- action in rem,
- action in personam,
- insolvency
- liquidation,
- maritime lien,
- proprietary maritime claim,
- general maritime claim,
- Admiralty Act 1988 (Cth),
- Admiralty Rules (Cth),
- security,
- judicial sale of vessel,
- proceeds of sale,
- Mareva injunction,
- inherent jurisdiction,
- ship sale fund,
- wrongful arrest,
- damages for wrongful arrest,
- interim preservation order,
- interlocutory injunction,
- sister ship,
- surrogate ship arrest,
- duty of disclosure,
- foreign ship arrest,
- forum non conveniens,
- private international law,
- statutory right of action in rem,
- foreign maritime lien,
- associated jurisdiction,
- associated claim ...More
Abstract
This paper addresses two aspects of the action in rem and the associated ability of a maritime claimant to arrest a ship or other property the subject of in rem
proceedings, relevant to the theme of this part of the conference, namely the interaction between admiralty and insolvency law. These are:
a) the advantages associated with the exercise of in rem jurisdiction – in particular the ability to arrest a ship or other property in an in rem proceeding – in comparison to the interim relief to similar effect that might be obtained in an action in personam; and
b) recent issues concerning the scope of those claims that may be pursued in rem and for which a ship or other property may be arrested.
This paper is based upon (but not identical to) the paper presented by the author at the Federal
Court of Australia National Admiralty and Maritime Law Seminar on “SHIP ARRESTS AND INSOLVENCY” on 21 May 2009 and which was subsequently published in the Australian and New Zealand Maritime Law Journal (2009) Vol.23 No. 1 at pp. 39-62).