{"id":"nsw:act-1902-003","name":"Vice-Admiralty Vexatious Arrests Act 1901","slug":"vice-admiralty-vexatious-arrests-act-1901","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"3 of 1902","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112085,"registerId":"nsw-act-1902-003-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Vice-Admiralty Vexatious Arrests Act 1901](/view/html/inforce/current/act-1902-003).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Repeal","content":"#### 2 Repeal\n\n2 Repeal\n\n> The Act mentioned in the Schedule to this Act is, to the extent therein expressed, hereby repealed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Liability for costs where vessel or master arrested without jurisdiction","content":"#### 3 Liability for costs where vessel or master arrested without jurisdiction\n\n3 Liability for costs where vessel or master arrested without jurisdiction\n\n> If any ship or vessel, or the master or commander thereof, is arrested by any process issuing out of the Vice-Admiralty Court of New South Wales for any matter or thing not within the jurisdiction of the said Court, the complainant or promovent in any such proceedings, and the proctor of such complainant or promovent, shall be liable to pay the costs of all such proceedings, both in the said Court and in the Supreme Court, in case a writ of prohibition is granted, to be taxed as between attorney and client.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Attachment on non-payment of costs","content":"#### 4 Attachment on non-payment of costs\n\n4 Attachment on non-payment of costs\n\n> In default of payment of such costs, a writ of attachment may be issued out of the Supreme Court against the party at whose suit such ship or vessel, or master or commander, has been arrested, and the proctor of such party.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Damages recoverable by person injured by such arrest","content":"#### 5 Damages recoverable by person injured by such arrest\n\n5 Damages recoverable by person injured by such arrest\n\n> The master or commander of every such ship or vessel so arrested in any such proceeding, or any other person who may directly or indirectly be injured, or sustain any damage, through or by means of any such ship or vessel, or master or commander, being arrested in any such proceeding, may, in an action on the case in any Court of competent jurisdiction, sue for and recover of and from the party causing such ship or vessel, or master or commander, to be arrested as aforesaid, or the proctor of such party in such proceeding, all such damages as he or she may have sustained or have been put to by such arrest.","sortOrder":4},{"sectionNumber":"sch","sectionType":"schedule","heading":null,"content":"# sch\n\nSchedule\n\n| Reference to Act | Title | Extent of repeal |\n| 11 Vic No 46 | An Act to prevent frivolous and vexatious arrests of ships and vessels, or the masters or commanders thereof, by process issuing out of the Vice-Admiralty Court of New South Wales. | The unrepealed portion. |","sortOrder":5}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no evidence the scope changed from its original intent. The Act appears to have remained in its original narrow form since 1901, with the last recorded change being December 1994. Its subject matter (Vice-Admiralty court arrests) has simply become obsolete rather than expanded or contracted."},"complexity_factors":["Highly specialised historical subject matter (Vice-Admiralty law) that requires knowledge of obsolete colonial court systems","The actual legislative text was not provided — only website metadata and navigation elements — making full analysis impossible","Intersection of colonial-era maritime law with modern federal/state jurisdiction boundaries adds conceptual complexity","Despite the obscure subject matter, the Act appears short and narrow in scope, keeping overall complexity low"],"plain_english_summary":"This very old NSW statute addressed wrongful or “vexatious” arrests of ships and cargo in colonial Vice‑Admiralty courts, providing a legal remedy (such as damages) against malicious seizures. Practically it affects almost no one today: Vice‑Admiralty courts are obsolete, modern Commonwealth maritime law now governs, and the Act survives only as a largely historical relic on the statute books."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act expressly repeals the unrepealed portion of the earlier 11 Vic No 46 Act (Schedule, s2) and replaces that regulatory space with specific liabilities and enforcement mechanisms: complainant/proctor liability for taxed costs (s3), writs of attachment for non‑payment (s4), and civil damages actions for those harmed by the arrest (s5). This alters the prior statutory framework by substituting the listed remedies and procedural enforcement routes."},"complexity_factors":["Narrow subject matter: focused on arrests from Vice‑Admiralty Court and remedies (ss3–5).","Inter-court enforcement: costs awarded in Vice‑Admiralty may be enforced by writ of attachment from the Supreme Court (s4).","Costs mechanism: costs to be taxed as between attorney and client, which affects quantum and collection (s3).","Tort remedy alongside costs: civil actions for damages are available to masters/others injured by arrest (s5).","Repeal interaction: removes unrepealed portion of an earlier Act, requiring attention to historical statutory changes (Schedule, s2)."],"plain_english_summary":"This Act stops wrongful arrests issued from the Vice‑Admiralty Court of New South Wales by making the complainant and that complainant's proctor pay the taxed costs if the Court lacked jurisdiction (s3). If those costs are not paid, the Supreme Court may issue an attachment against them (s4), and the master or any injured person may sue for damages caused by the arrest (s5). The Act also repeals the remaining parts of an earlier 11 Vic No 46 Act (Schedule)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: preventing wrongful arrests of vessels by the Vice-Admiralty Court of NSW. It is essentially a re-enactment of the 1848 Act it repeals, with no expansion of scope."},"complexity_factors":["Very short statute: only 5 operative sections plus a schedule","Minimal defined terms: only archaic terms like 'promovent' and 'proctor' are used in context without formal definitions","No cross-references to other legislation except the repealed Act in the Schedule","Simple conditional structure: single 'if-then' logic in section 3, straightforward consequences in sections 4-5","Straightforward remedies: costs, attachment, damages — each in its own dedicated section","Archaic but clear language: terms like 'writ of prohibition' and 'attachment' are old but used in standard ways"],"plain_english_summary":"**What this law does:**\n\nThis 1901 Act protects ship owners and captains from being wrongfully arrested by the Vice-Admiralty Court of New South Wales.\n\n**Key protections:**\n\n*   **Costs penalty:** If someone tries to arrest a ship or its master for something outside the Court's power, the person who started the case (the \"complainant\" or \"promovent\") and their lawyer (\"proctor\") must pay all legal costs. These costs are calculated generously (\"as between attorney and client\" means the winning side gets more than just basic costs).\n\n*   **Enforcement:** If they don't pay, the Supreme Court can issue a \"writ of attachment\" — essentially an order to seize the person's property or detain them until they pay.\n\n*   **Damages:** Anyone harmed by a wrongful arrest — the captain, the ship owner, or anyone else who lost money because of it — can sue for compensation in any court that has the power to hear the case.\n\n**Who it affects:**\n\nShip owners, ship captains, maritime lawyers (proctors), and anyone bringing cases in the Vice-Admiralty Court of New South Wales.\n\n**Why it matters:**\n\nThis was designed to stop people from abusing the maritime court system by arresting ships without proper legal grounds. Arresting a ship can be devastating for trade and business, so this law creates strong financial disincentives for frivolous or overreaching claims.\n\n**Historical note:** The Act repeals and replaces an earlier 1848 law (11 Vic No 46) that did much the same thing."}},"importantCases":[],"_links":{"self":"/api/acts/vice-admiralty-vexatious-arrests-act-1901","history":"/api/acts/vice-admiralty-vexatious-arrests-act-1901/history","analysis":"/api/acts/vice-admiralty-vexatious-arrests-act-1901/analysis","conflicts":"/api/acts/vice-admiralty-vexatious-arrests-act-1901/conflicts","importantCases":"/api/acts/vice-admiralty-vexatious-arrests-act-1901/important-cases","documents":"/api/acts/vice-admiralty-vexatious-arrests-act-1901/documents"}}