Liability In Rem without Liability In Personam

Abstract

A rule mentioned by Menzies J The Lastrigoni (1974) 131 CLR 1, 6 is to the effect that in general there cannot be liability in rem unless there is also liability in personam. There are grounds for believing this rule is open to doubt on the authorities. The rule does not apply in the US. There are grounds for saying the rule should be discarded in Australia also.