2006: Conference Proceedings
Articles

Maritime Law Procedures and Federal Court Initiatives

Published 2006-09-27

Keywords

  • court procedure,
  • court practices,
  • Federal Court of Australia,
  • Australian Admiralty jurisdiction,
  • Admiralty Act 1988 (Cth),
  • Navigation Act 1912,
  • Administrative Decisions (Judicial Review) Act 1977 (Cth),
  • court process,
  • admiralty and maritime matters,
  • ship arrest, sale and preservation fees and expenses,
  • admiralty marshal,
  • security,
  • ship arrest,
  • Admiralty Rules (Cth),
  • maritime law reform
  • ...More
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Abstract

This paper is a companion piece to Justice Hugh Williams' paper, which was also delivered at the 2006 conference. This copy of Justice Tamberlin's paper, however, is drawn from Volume 21 of the ANZMLJ (2007).

Justice Tamberlin discusses maritime law procedures and initiatives by the Federal Court of Australia to improve its practices and to align those practices with efficient, just and speedy case management, hearing, and adjudication. The author outlines some initiatives the Court has taken, stating that the goal is, in broad terms, efficiency, a speedy hearing, determination, and outcome, early identification and resolution of the real issues in dispute, and a minimum of interlocutory disruption. This involves a limitation of documentary material consistent with proper presentation of the case.

One of these initiatives involves reforming the Admiralty Rules, and Justice Tamberlin addresses a number of those potential changes here.