VersionNo. 004
Supreme Court Admiralty Rules2010
S.R. No. 24/2010
Version incorporating amendments as at
2 January 2018
table of provisions
RulePage
1
RulePage
Order 1—Preliminary
1.01Title
1.02Object
1.03Authorising provisions
1.04Commencement
1.05Revocation
1.06Definitions
Order 2—Commonwealth proceedings
2.01Application of this Order
2.02Application of these Rules
2.03Commencement of proceeding
2.04Registrar
2.05Marshal
2.06Insurance
Order 3—Admiralty List
3.01Judge in Admiralty
3.02Entry into the List
3.03Removal from the List
3.04Directions
3.05Assessors
3.06Application of other Rules
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Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
1
VersionNo. 004
Supreme Court Admiralty Rules2010
S.R. No. 24/2010
Version incorporating amendments as at
2 January 2018
1
Order 1
Supreme Court Admiralty Rules2010
S.R. No. 24/2010
The Judges of the Supreme Court make the following Rules:
Order 1
PRELIMINARY
1.01Title
These Rules constitute Chapter VII of the Rules of the Supreme Court and are entitled the Supreme Court Admiralty Rules 2010.
1.02Object
The object of these Rules isto 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.
1.03Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.
1.04Commencement
These Rules come into operation on 31 May 2010.
1.05Revocation
The Supreme Court (Admiralty) Rules 2000[1] are revoked.
1.06Definitions
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;
(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;
Rule 1.06 def.of RedCrest inserted by S.R. No. 127/2017 rule5.
RedCrest means the electronic filing and case management system in operation in the Court from time to time, other than the system for electronic filing to which Part 2 of Order 28 of Chapter I applies;
the CommonwealthAct means the Admiralty Act1988 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.
______
Order 2
COMMONWEALTH PROCEEDINGS
2.01Application of this Order
This Order applies to a proceeding in the Court to which the Commonwealth Act and the Commonwealth Rules apply.
2.02Application 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.
2.03Commencement 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.
2.04Registrar
(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.
(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.
2.05Marshal
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.
2.06Insurance
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.
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Order 3
ADMIRALTY LIST
3.01Judge 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.
3.02Entry into the List
(1)An admiralty proceeding which is a Commonwealth proceeding shallbe entered in the List—
(a)upon the issue of the initiating process; or
(b)where it is transferred to the Court, upon transfer.
Note to rule3.02(1) inserted by S.R. No. 127/2017 rule6.
Note
See Rule 28A.01(1) of Chapter I (electronic filing in RedCrest).
(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.
Note to rule3.02(2) inserted by S.R. No. 127/2017 rule6.
Note
See Rule 28A.01(1) of Chapter I (electronic filing in RedCrest).
(3)A party to an admiralty proceeding which is not aCommonwealth 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.
Note to rule3.02(3) inserted by S.R. No. 127/2017 rule6.
Note
See Rule 28A.01(1) of Chapter I (electronic filing in RedCrest).
Rule 3.02(4) inserted by S.R. No. 15/2017 rule24.
(4)The Judge in Admiralty may, on the Judge's own motion, direct that a proceeding be entered into the Admiralty List if satisfied that the proceeding should be heard and determined in the Admiralty List.
3.03Removal from the List
The Judge in Admiralty may at any time order that a proceeding in the List be removed from the List.
Note to rule3.03 inserted by S.R. No. 127/2017 rule7.
Note
See Rule 28A.01(1) of Chapter I (electronic filing in RedCrest).
3.04Directions
(1)The plaintiff shallapply 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 onthe 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.
(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.
3.05Assessors
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.
3.06Application 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.
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.
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Endnotes
1General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Supreme Court Admiralty Rules 2010, S.R.No.24/2010 were made on 29 April 2010 by the Judges of the Supreme Court under section 25 of theSupreme Court Act 1986, No.110/1986 and came into operation on 31 May 2010: rule 1.04.
The Supreme Court Admiralty Rules 2010 will sunset 10 years after the day of making on 29 April 2020 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression"(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
•Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
•Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
•Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
•Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
•Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
•Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2Table of Amendments
This publication incorporates amendments made to the Supreme Court Admiralty Rules 2010 by statutory rules, subordinate instruments and Acts.
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Supreme Court (E-Filing Amendments) Rules 2017, S.R. No.15/2017
Date of Making: / 30.3.17Date of Commencement: / Rule 24 on 18.4.17: rule 3
Supreme Court (E-Filing Further Amendment) Rules 2017, S.R. No.127/2017
Date of Making: / 28.11.17Date of Commencement: / Rules 5–7 on 2.1.18: rule 3
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3Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4Explanatory details
1
[1] Rule 1.05: S.R. No. 37/2000 as amended by S.R. No. 100/2008.