Precedent Admiralty Orders
|D-ADM01||Custody - permission to move ship||
1. The ship <NAME OF SHIP> under arrest in
<LOCATION> be permitted to:
2. Prior to the ship <NAME OF SHIP> leaving her
present berth, the applicant for permission to sail be required
3. The Marshal pay from the Funds all costs, charges, payments
and fees incurred of and incidental to any voyage made pursuant to these
orders, together with all costs and charges of and incidental to any
discharge of cargo undertaken pursuant to Order <NUMBER>,
including but not limited to all insurances, stevedoring costs, pilotage
fees, port services charges, wharfage, mooring and unmooring charges,
unshackling and reshackling charges, hire of tugs, line boat charges,
navigation charges, crew wages and overtime, bunkers consumed and
4. No costs payable pursuant to order <NUMBER>
shall be deemed to be costs of the arrest.
5. If there is any surplus from the Fund after the return of
the ship to <NAME OF PORT> that surplus shall be returned
to the applicant.
6. The <plaintiff/applicant/defendant> be
permitted to place a representative on board the ship for the duration
of any voyage made pursuant to these orders subject to the
<plaintiff/applicant/defendant> providing to the Marshal
the name and details of the representative <at least 48 hours
before the date of departure> <by DATE>.
7. The Marshal allow to be taken on board the ship such persons as the Marshal considers appropriate for the purpose of retaining the safe custody, control and preservation of the ship during the period of any voyages undertaken pursuant to this order.
<Alternatively to orders 2 and 3:
|D-ADM02||Release - directions on security||
8. The plaintiff file on or before <DATE> an
affidavit setting out the amount for which the plaintiff seeks security
and the material facts upon which the amount is based.
9. The Marshal file on or before <DATE> an affidavit setting out in detail the amount of the Marshal's expenses to date and further amount the Marshal expects will or might be incurred for expenses of arrest up to the expected date of release.
|D-ADM03||Release - on security||
10. The <NAME OF PARTY TO PAY THE SECURITY> pay
into Court by way of security for the release of the ship <NAME
OF SHIP> the sum of $<AMOUNT>.
11. The Registrar invest the moneys paid into the Court
pursuant to order in an interest bearing account on deposit.
12. The <PLAINTIFF/ARRESTING PARTY> pay to the
Marshal the sum of $<AMOUNT> on account of fees, costs and
expenses properly incurred by the Marshal in connection with the arrest
and release of the ship.
13. The Marshal release the ship <NAME OF SHIP> upon making of the payments provided for in the orders <NUMBERS> and upon the <PALINTIFF/ARRESTING PARTY> by its counsel undertaking to the Court that it will pay to the Marshal any fees, costs and expenses properly incurred by the Marshal in connection with the arrest and/or release of the ship additional to the sum specific in order <NUMBER>.
|D-ADM04||Release - arrest set aside||
14. The warrant for the arrest of the ship <NAME OF
SHIP> issued on <DATE> be set aside.
15. The Marshal release the ship <NAME OF SHIP>.
|D-ADM05||Master & Crew - maintenance while ship under arrest||
16. The Marshal arrange for the ship <NAME OF
SHIP> to be provided with such supplies of food and water as are
reasonably necessary to meet the requirements of the crew.
17. The Marshal take such steps as may be necessary to arrange for medical attention for any member of the crew of the ship <NAME OF SHIP> for whom it is required including, but not limited to, arrangements for bringing such crew member to shore for that purpose.
|D-ADM06||Master & Crew - repatriation at plaintiff expense||
18. The Marshal repatriate the crew named in 'Annexure A'
hereto on board the ship <NAME OF SHIP> and that such
repatriation take place on or before <DATE>.
19. The <NAME OF PARTY> pay to the Marshal on or
before <DATE> the costs and expenses of the repatriation
of the crew in accordance with order <NUMBER>.
20. The Marshal determine <by inquiry from the master
and inspection of the ship's records> the amount of the wages
payable to the crew to be repatriated and the crew remaining on board,
and notify the <NAME OF PARTY> on or before
<DATE> of the amounts payable for wages.
21. The <NAME OF PARTY> pay to the Marshal on or
before <DATE> the amount of outstanding wages owing to the
crew to be repatriated:
22. (If a caretaker crew are left on
board) The <NAME OF PARTY> pay to the Marshal
on or before <DATE> the amount of the outstanding wages
owing to the master and crew named in 'Annexure B' remaining on board
the ship <NAME OF SHIP>:
23. Upon receiving the <payment/payments>
pursuant to order <NUMBER>, the Marshal pay:
24. The costs and expenses of repatriation of the crew and the
payment of the wages of the crew from the date of arrest be costs and
expenses of the arrest.
25. In respect of any payment by the <NAME OF PARTY> of wages owing to the crew prior to the date of arrest, the <NAME OF PARTY> be subrogated to the rights of each of the master and crew of the ship against any fund constituted upon the sale of the ship.
|D-ADM07||Master & Crew - repatriation at Marshal's expense||
26. The Marshal repatriate the crew named in 'Annexure A'
hereto on board the ship <NAME OF SHIP> and that such
repatriation take place on or before <DATE>.
27. The Marshal pay to the crew on or before
<DATE> the amount of outstanding wages owing to the said
28. (If a caretaker crew are left on
board) On or before <DATE> the Marshal pay to
the master and crew named in 'Annexure B' remaining on board the ship
<NAME OF SHIP> the amount of the outstanding wages
29. The costs and expenses of repatriation of the crew and the payment of the wages of the crew up to the date of their repatriation form part of the Marshal's costs and expenses of the arrest and a first charge on the proceeds of sale of the ship.
|D-ADM08||Directions - joining intervener as party||
30. <NAME OF INTERVENER> be joined as a
<plaintiff/defendant> in these proceedings to the extent
necessary to protect the intervener's interests in the res.
31. <NAME OF INTERVENER> must cause a notice of
appearance to be filed in the registry on or before
32. <NAME OF INTERVENER> must on or before <DATE> file and serve on each other party in these proceedings a statement of claim.
|D-ADM09||Directions - preliminary acts||
33. The preliminary acts not be opened prior to the filing of
all statements of evidence to be relied upon by the parties.
34. The defendant seek further and better particulars of the plaintiff's claim for damages on or before <DATE>.
|D-ADM10||Sale - order for sale of ship||
35. The Marshal appoint a <MARINE SURVEYOR/SHIP
BROKER> on or before <DATE> for the purpose of
providing to the Marshal a written valuation of the ship <NAME OF
36. The Marshal provide to each party, caveator and intervener
as soon as practicable after receipt of the written valuation:
37. The ship <NAME OF SHIP> be sold by the
Marshal by <PUBLIC AUCTION/PUBLIC TENDER/SEALED TENDER/PRIVATE
TREATY> <or by a method as otherwise advised by the
appointed ship's broker and agreed to by the Marshal>, as soon as
38. <The Marshal disclose to the Court in chambers the
highest bid following the close of tenders.>
39. The Marshal be authorised to:
40. The Marshal <have liberty to> send for
publication in <NAME OF PUBLICATION(S)> <and in
such other publications as the Marshal considers
41. The costs and expenses incurred in appraisement and in the sale of the ship, including any advertising of the ship for sale, be paid out of the proceeds of sale of the ship as part of the Marshal's costs and expenses in this proceeding.
|D-ADM11||Sale - acceptance of tender||
42. The Marshal accept the tender of <NAME> of
<ADDRESS> to purchase the ship <NAME OF
SHIP> for the sum contained in the tenderer's offer with such
purchase being made in the terms of the conditions of sale of the ship
prepared by the Marshal.
43. The purchase price be paid by or on behalf of
<NAME> in accordance with the conditions of sale.
44. On payment of the whole of the purchase price by
<NAME>, the Marshal deliver to <NAME> or the
tenderer's duly appointed agent the ship in accordance with the
Marshal's conditions of sale.
45. All crews' logs and other similar documents on board the ship and not required according to the conditions of sale to be delivered to <NAME OF BUYER>, be delivered by the Marshal to the Registrar and not be disclosed or released to any person until further order.
|D-ADM12||Sale - account for proceeds||
46. The Marshal open an account with the <NAME OF
INSTITUTION> at the <ADDRESS> branch entitled
'Marshal - sale of <NAME OF SHIP>' in <TYPE OF
CURRENCY>. The persons entitled to draw on the account are to be
any two of <NAMES>.
47. No amount in excess of $<AMOUNT> is to be withdrawn from the account without the further order of the Court.
|D- ADM13||Costs - of arresting party||48. The following
costs and expenses as or when paid by the <ARRESTING
PARTY> be included as part of the costs and expenses of the
arrest and be recoverable by the <ARRESTING PARTY> in
priority to all claims against the res other than the claim of the
(a) <DETAILS OF THE COSTS AND EXPENSES (which might include berth hire fees, security expenses, mooring expenses; the cost of moving the ship between berths (including towage and pilot fees); insurance of the ship whilst under arrest; the provision of water to the ship; Marshal's wages; vehicle costs; indemnity insurance; crew victualling and supplies; miscellaneous disbursements; etc)>.
|D-ADM14||Priorities - determining priorities||
49. The Marshal publish in <NAME OF
PUBLICATION(S)> on or before <DATE> a notice in
accordance with Form 28 of the Admiralty Rules of the Court's intention
to determine priorities between the competing claims.
50. The advertisement notify any person having a claim against
the Fund who wishes to participate in the proceeding, that the Court
expects any such claim against the proceeds of sale to be commenced by
statement of claim filed on or before <DATE>.
51. Any person who has brought or brings proceedings against
the Fund, if that person has not already done so, must:
52. Any person who has brought or brings proceedings against
the Fund must file and serve on the other parties all affidavit evidence
in support of its claim on or before <DATE>.
53. Any party who wishes to contest the entitlement to judgment
of any other party must file and serve notice of the same on or before
<DATE> together with any affidavit material to be relied
54. Any subpoenas or notices to produce in relation to the
claims made be returnable on <DATE>.
55. Any affidavits in reply be filed and served on or before
56. The <DATE> by fixed for the hearing of all claims for judgment against the Fund and the determination of priorities.
|D-ADM15||Priorities - orders for priority||
57. The order of priority of claims against the fund
representing the proceeds of sale of the ship <NAME OF
SHIP> be as follows:
|D-ADM16||Proceeds - distribution of proceeds||
58. The Marshal pay from the Fund the amount of
$<AMOUNT> for the Marshal's expenses incurred in the
arrest, custody (including movement of the ship and the loading or
unloading of any cargo), valuation and sale of the ship <NAME OF
59. The Marshal forthwith pay the following amounts from the
Fund in satisfaction of the judgment(s) entered in these
|D-ADM99||Admiralty - free text order specific to case||69. <FREE TEXT>|