| Federal Court of Australia | |
| Practice Notes issued by the Chief Justice |
| No. 12. Insurance of property arrested under the Admiralty Act 1988 |
| Status: | Revoked |
| Date issued: | 10 May 1996 |
| Date revoked: | 25 September 2009 |
| Replaced by: | Incorporated into Practice Note ADM 1 - Admiralty and maritime work in the Federal Court of Australia |
| Version history: |   25 September 2009 (ADM 1) 10 May 1996 |
The Admiralty
Act 1988 (Cth) provides for the
arrest of property (including vessels) by the Marshal
in actions in rem. The Marshal will obtain indemnity
insurance for the period the vessel is in possession of
the Marshal. The cost of that insurance will be an expense
incurred by the Marshal payable by the party issuing the
writ for the arrest of the vessel. The Court may require
that party to undertake to pay the cost of that insurance
at the time that the writ is issued.
The Marshal does not at any time during the period of arrest hold commercial insurance for the benefit of any person who has an interest in the arrested property including cargo. Persons with an interest in the arrested property and their solicitors may wish to consider the question of insuring the amount of their interest against consequential risks, including risks occasioned by any movement of the vessel.
M.E.J. BLACK
Chief Justice
10 May 1996