39Application for warrant

#### 39 Application for warrant (1) A party to a proceeding commenced as an action in rem may apply in accordance with Form 12 for an arrest warrant in respect of the ship or other property against which the proceeding was commenced. (2) The application must be supported by an affidavit of the applicant or of an Australian legal practitioner or agent of the applicant. (3) The affidavit must be in accordance with Form 13 and must set out particulars of the claim and any necessary facts that would entitle an action in rem to be brought, in accordance with the Act, in respect of the claim. > Note: A caveator or interested person may apply for an order that an arrest warrant be discharged for failure to comply with this rule (see subrule 43(8)).