Supreme Court Admiralty Rules 2010

i Supreme Court Admiralty Rules 2010 S.R. No. 24/2010 TABLE OF PROVISIONS Rule Page ORDER 1 1 PRELIMINARY 1 1.01 Title 1 1.02 Object 1 1.03 Authorising provisions 1 1.04 Commencement 1 1.05 Revocation 2 1.06 Definitions 2 ORDER 2 4 COMMONWEALTH PROCEEDINGS 4 2.01 Application of this Order 4 2.02 Application of these Rules 4 2.03 Commencement of proceeding 4 2.04 Registrar 4 2.05 Marshal 5 2.06 Insurance 5 ORDER 3 6 ADMIRALTY LIST 6 3.01 Judge in Admiralty 6 3.02 Entry into the List 6 3.03 Removal from the List 7 3.04 Directions 7 3.05 Assessors 8 3.06 Application of other Rules 8 ═══════════════ ENDNOTES 10 -- 1 of 11 -- 1 STATUTORY RULES 2010 S.R. No. 24/2010 Supreme Court Act 1986 Supreme Court Admiralty Rules 2010 The Judges of the Supreme Court make the following Rules: ORDER 1 PRELIMINARY 1.01 Title These Rules constitute Chapter VII of the Rules of the Supreme Court and are entitled the Supreme Court Admiralty Rules 2010. 1.02 Object The object of these Rules is to make rules constituting Chapter VII of the Rules of the Supreme Court for proceedings in the Court under the Admiralty Act 1988 of the Commonwealth and for other proceedings in Admiralty in the Court. 1.03 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 1.04 Commencement These Rules come into operation on 31 May 2010. -- 2 of 11 -- Order 1 Supreme Court Admiralty Rules 2010 S.R. No. 24/2010 2 1.05 Revocation The Supreme Court (Admiralty) Rules 2000 1 are revoked. 1.06 Definitions In these Rules— admiralty proceeding means— (a) a proceeding in the Court which is a Commonwealth proceeding; or (b) a proceeding in the Court, other than a Commonwealth proceeding, which— (i) arises out of or is in relation to loss of or damage to a ship; (ii) is for loss or damage caused or occasioned by a ship; (iii) arises out of or is in relation to the carriage of goods by sea; (iv) is with respect to a maritime lien or other charge in respect of a ship or its cargo; (v) arises out of or is in relation to a contract of marine insurance or any policy of insurance (including a policy of professional indemnity insurance) in respect of a marine adventure or a person or thing associated with a marine adventure; (vi) arises out of or is in relation to the arbitration of a claim of a type which might be the subject of a proceeding referred to in any of the preceding subparagraphs; r. 1.05 -- 3 of 11 -- Order 1 Supreme Court Admiralty Rules 2010 S.R. No. 24/2010 3 (vii) is with respect to any other shipping claim for which management or trial in the List appears to be conducive to its effective, prompt and economical determination; Chapter I means Chapter I of the Rules of the Supreme Court; Commonwealth proceeding means a proceeding to which Order 2 applies; limitation proceeding has the meaning it has in the Commonwealth Act; the Commonwealth Act means the Admiralty Act 1988 of the Commonwealth; the Commonwealth Rules means the Admiralty Rules 1988 of the Commonwealth; the Judge in Admiralty means the Judge of the Court nominated under Rule 3.01 to be in charge of the Admiralty List; the List means the Admiralty List. __________________ r. 1.05 -- 4 of 11 -- Order 2 Supreme Court Admiralty Rules 2010 S.R. No. 24/2010 4 ORDER 2 COMMONWEALTH PROCEEDINGS 2.01 Application of this Order This Order applies to a proceeding in the Court to which the Commonwealth Act and the Commonwealth Rules apply. 2.02 Application of these Rules These Rules apply to a Commonwealth proceeding only to the extent that they are not inconsistent with the Commonwealth Act or the Commonwealth Rules. 2.03 Commencement of proceeding (1) Subject to paragraph (2), a Commonwealth proceeding, other than a proceeding commenced as an action in rem, shall be commenced in accordance with Chapter I. (2) A limitation proceeding shall be commenced by a statement of claim in compliance with Rule 21(2) of the Commonwealth Rules. 2.04 Registrar (1) Subject to this Rule, the Prothonotary and the Deputy Prothonotaries are authorised pursuant to Rule 4(1)(b) of the Commonwealth Rules to exercise the powers and functions and perform the duties of the Registrar under those Rules. (2) The Prothonotary or a Deputy Prothonotary shall not exercise the powers or functions or perform the duties of the Registrar under Rule 51 or 56, Part IX or Rule 78B of the Commonwealth Rules. r. 2.01 -- 5 of 11 -- Order 2 Supreme Court Admiralty Rules 2010 S.R. No. 24/2010 5 (3) An Associate Judge is authorised to exercise the powers and functions and perform the duties of the Registrar under Rules 51 and 56 and Part IX of the Commonwealth Rules. 2.05 Marshal The sheriff and the deputy sheriff are authorised pursuant to Rule 4(3)(a)(ii) of the Commonwealth Rules to exercise the powers and functions and perform the duties of the Marshal under those Rules. 2.06 Insurance The Marshal may obtain indemnity insurance for all or part of the period during which a ship or other property is in the custody or possession of the Marshal and the cost of such insurance shall be an expense incurred by the Marshal in relation to the arrest. __________________ r. 2.05 -- 6 of 11 -- Order 3 Supreme Court Admiralty Rules 2010 S.R. No. 24/2010 6 ORDER 3 ADMIRALTY LIST 3.01 Judge in Admiralty (1) A Judge of the Court nominated by the Chief Justice shall be in charge of the Admiralty List and shall have control of the proceedings in the List. (2) The powers of the Court in relation to a proceeding in the List shall, subject to any directions of the Judge in Admiralty and to paragraph (3), be exercised only by the Judge in Admiralty. (3) The powers of the Judge in Admiralty in relation to a proceeding in the List may be exercised by another Judge of the Court— (a) if the Judge in Admiralty so requests; or (b) if in special circumstances that other Judge thinks fit to exercise them. (4) An Associate Judge may exercise the powers of the Court in relation to a proceeding in the List on a reference by, or by leave of, the Judge in Admiralty. 3.02 Entry into the List (1) An admiralty proceeding which is a Commonwealth proceeding shall be entered in the List— (a) upon the issue of the initiating process; or (b) where it is transferred to the Court, upon transfer. r. 3.01 -- 7 of 11 -- Order 3 Supreme Court Admiralty Rules 2010 S.R. No. 24/2010 7 (2) The originating process in an admiralty proceeding which is not a Commonwealth proceeding may, at the option of the plaintiff, be marked in the top left-hand corner with the words "In the Admiralty List" and, upon the filing of the originating process so marked, the proceeding shall be entered in the List. (3) A party to an admiralty proceeding which is not a Commonwealth proceeding and in which the originating process has not been so marked may within 14 days after appearance or, where it is transferred to the Court, within 14 days after transfer, apply to the Judge in Admiralty for an order entering the proceeding in the List. 3.03 Removal from the List The Judge in Admiralty may at any time order that a proceeding in the List be removed from the List. 3.04 Directions (1) The plaintiff shall apply to the Judge in Admiralty for directions— (a) where the proceeding is entered in the List pursuant to Rule 3.02(1) or 3.02(2), within 14 days after the first appearance is filed; or (b) where the proceeding is entered in the List pursuant to Rule 3.02(3), within 14 days after the entry. (2) A party, or in the case of a Commonwealth proceeding the Marshal, may at any time bring on the summons for directions upon giving reasonable notice to any other party and to the Court. (3) A party, or in the case of a Commonwealth proceeding the Marshal, may at any time apply to the Judge in Admiralty for directions. r. 3.03 -- 8 of 11 -- Order 3 Supreme Court Admiralty Rules 2010 S.R. No. 24/2010 8 (4) The Judge in Admiralty may at any time give such directions for the conduct of the proceeding as are considered conducive to the effective, prompt and economical determination of the proceeding. 3.05 Assessors The trial of a proceeding in the List with the assistance of assessors under section 77 of the Supreme Court Act 1986 shall take place in such manner and on such terms as the Judge in Admiralty directs. 3.06 Application of other Rules Chapter I and the general practice of the Court apply to a proceeding in the List unless inconsistent with these Rules. Dated: 29 April 2010 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. PETER BUCHANAN, J.A. GEOFFREY NETTLE, J.A. DAVID ASHLEY, J.A. ROBERT REDLICH, J.A. MARK WEINBERG, J.A. PHILIP MANDIE, J.A. BERNARD D. BONGIORNO, J.A. DAVID BYRNE, J. H. R. HANSEN, J. R. S. OSBORN, J. STEPHEN KAYE, J. SIMON P. WHELAN, J. KEVIN H. BELL, J. r. 3.05 -- 9 of 11 -- Order 3 Supreme Court Admiralty Rules 2010 S.R. No. 24/2010 9 BETTY JUNE KING, J. ANTHONY CAVANOUGH, J. ELIZABETH CURTAIN, J. TONY PAGONE, J. PAUL COGHLAN, J. ROSS ROBSON, J. JACK FORREST, J. LEX LASRY, J. JAMES JUDD, J. PETER VICKERY, J. JENNIFER DAVIES, J. TERRY FORREST, J. KARIN EMERTON, J. IAIN ROSS, J. CLYDE CROFT, J. ═══════════════ r. 3.06 -- 10 of 11 -- Supreme Court Admiralty Rules 2010 S.R. No. 24/2010 10 ENDNOTES 1 Rule 1.05: S.R. No. 37/2000 as amended by S.R. No. 100/2008. Endnotes -- 11 of 11 --