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Forms and guides, filing and fees

Forms and guides

Follow these steps to get admiralty forms and guides to help you complete the most commonly used forms.

  1. Identify the form you require from the table below (for example, Form 15).
  2. Fill out the form and save and print out the form on your own computer.

A filing fee applies to some admiralty forms. If you cannot afford this fee you may be able to ask the Court to reduce it*. You can get a form to ask the Court to reduce payment and information about the circumstances where a reduction can be given on the Exemption and reduction of fees pages or from the Registry.

* Note: Up to October 2010, the Court could waive Court fees in some circumstances. Changes to the Federal Court of Australia Regulations 2004 introduced on 1 November 2010 means the Court can no longer waive fees; the Court can however, reduce the payment of Court fees if it will result in financial hardship.

Form Description  
Form 15
Federal Court Rules
 MS Word document Application  
Form 11
Federal Court Rules
MS Word document Respondent's genuine steps statement  
Form 16
Federal Court Rules
MS Word document Applicant's genuine steps statement  
Form 1
Admiralty Rules
RTF Title of documents for use in proceedings under the Act
A document to be filed in, or issued out of, a court in a proceeding should include in the header of the document a title in accordance with Form 1; and should identify the proceeding in accordance with the Rules of Court concerned. This form shows the layout of the header and should be copied/cut or pasted into the top of another document or form if this information is not already there
Form 2
Admiralty Rules
subrule 7 (1)

RTF Caveat against arrest of ship or other property
A caveat against the arrest of a ship or other property shall be in accordance with Form 2 and may be filed in a registry of the Federal Court.
Form 3
Admiralty Rules
subrule 7 (3)

RTF Solicitor's undertaking  
Form 4
Admiralty Rules
rule 10
RTF Caveat against release from arrest of ship or other property  
Form 5
Admiralty Rules
rule 13
RTF Withdrawal of caveat  
Form 6
Admiralty Rules
rule 19
RTF Writ Filing fee: $2142 for a corporation and $894 in any other case.

Form 7
Admiralty Rules
subrule 21 (2)
RTF Statement of claim: limitation proceeding  
Form 8
Admiralty Rules
subrule 22 (2)
RTF Statement of claim: action in rem  
Form 9
Admiralty Rules
subrule 23 (2)
RTF Appearance  
Form 10
Admiralty Rules
para25 (2) (a)
RTF Preliminary act  
Form 11
Admiralty Rules
para25 (2) (a)
RTF Preliminary act  
Form 12
Admiralty Rules
subrule 39 (1)
RTF Application for arrest warrant  
Form 13
Admiralty Rules
subrule 39 (2)
RTF Affidavit to support application for arrest warrant  
Form 14
Admiralty Rules
subrule 40 (2)
RTF Arrest warrant  
Form 15
Admiralty Rules
subrule 43 (6)
RTF Request not to execute arrest warrant  
Form 16
Admiralty Rules
rule 45
RTF Affidavit of execution of arrest warrant  
Form 17
Admiralty Rules
subrule 49 (1)
RTF Application for discharge  
Form 17A
Admiralty Rules
para 51 (1A) (a)
RTF Notice of payment into Court  
Form 18
Admiralty Rules
subrule 51 (1)
RTF Application to registrar for release of ship or other property  
Form 19
Admiralty Rules
subrule 52 (1)
RTF Application to Court for release of ship or other property  
Form 19A
Admiralty Rules
subrules 51 (7) & 52 (5)
RTF Notice of release from arrest  
Form 20
Admiralty Rules
subrule 54 (2)
RTF Bail bond  
Form 21
Admiralty Rules
subrule 55 (2)
RTF Notice of bail  
Form 22
Admiralty Rules
subrule 56 (1)
RTF Notice of objection to surety  
Form 23
Admiralty Rules
subrule 56 (3)
RTF Notice of hearing of objection to bail  
Form 24
Admiralty Rules subrule 62 (2)
RTF Advertisement of application to limit liability limitation of shipowner's liability  
Form 25
Admiralty Rules
subrule 64 (1)
RTF Application to vary or set aside determination limiting liability  
Form 26
Admiralty Rules
subrule 69 (2)
RTF Application for valuation or sale of ship or other property  
Form 27
Admiralty Rules
subrule 69 (3)
RTF Order for valuation or sale of ship or other property  
Form 28
Admiralty Rules
subrule 73 (2)
RTF Notice of application to determine priorities  
Form 29
Admiralty Rules
rule 79
RTF Register of admiralty proceedings  

 

Filing and fees

The fee for starting a proceeding under the Admiralty Act in the Federal Court is set by the Federal Court of Australia Regulations 2004. **

The Regulations also provide that the fee for a Marshal serving a writ or executing an arrest warrant is an amount equal to the amount of any expenses reasonably incurred by that officer in the service or execution, or attempted service or execution, of the writ or warrant, together with a charge calculated at the hourly rate of salary payable to an officer of the Court who is involved in the service or execution or attempted service or execution.

The cost of a Marshal retaining safe custody of a ship or property (including carrying out a judicial sale or performing other functions) is calculated at the hourly rate of salary payable to the Marshal plus a 20 per cent loading for overheads. It also includes an 'on call allowance' paid to the Marshal. The amount of any expenses reasonably incurred, such as berthing fees and other charges, must also be paid to the Marshal.

Under the Admiralty Rules, a Marshal is entitled to make one or more demands for interim payments on account of the Marshal's fees and expenses. In most cases, a Marshal will seek a payment prior to the arrest of a vessel.

 

 

 

** Fees in Schedule 1 of the Federal Court of Australia Regulations

Please note that fees in Schedule 1 are adjusted from time to time; please check the current fees on this website or confirm with the Registry prior to lodging your documents.

 

 

 

 

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Updated July 30, 2011