The Judges of the Supreme Court make the following Rules:
Order 1—Preliminary
1.01 Title
These Rules constitute Chapter VII of the Rules of the Supreme Court and are entitled the Supreme Court Admiralty Rules 2019.
1.02 Object
The object of these Rules is to 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.
1.03 Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.
(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;
RedCrest means the electronic filing system in operation in the Court from time to time;
the CommonwealthAct means the Admiralty Act 1988 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
2.01 Application of this Order
This Order applies to a proceeding in the Court to which the Commonwealth Act and the Commonwealth Rules apply.
2.02 Application 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.
2.03 Commencement 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.
Note
Rule 19 of the Commonwealth Rules provides for commencement of a proceeding commenced as an action in rem.
(2) A limitation proceeding shall be commenced by a statement of claim in compliance with Rule 21(2) of the Commonwealth Rules.
2.04 Registrar
(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 under Rule 51 or 56, Part IX or Rule 78B of the Commonwealth Rules.
(3) An Associate Judge is authorised to exercise the powers under Rules 51 and 56, Part IX and Rule 78B of the Commonwealth Rules.
2.05 Marshal
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.
2.06 Insurance
(1) 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 payable by the party issuing the writ for the arrest of the ship.
(2) The Court may require that a party pay the cost of the insurance referred to in paragraph (1) at the time the writ is issued.
Order 3—Admiralty List
3.01 Judge 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) Subject to any directions of the Judge in Admiralty and to paragraphs (3) and (4), the powers of the Court in relation to a proceeding in the List shall 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.
3.02 Entry into the List
(1) An admiralty proceeding which is a Commonwealth proceeding shall be entered in the List—
(a) upon the issue of the initiating process; or
(b) where it is transferred to the Court, upon transfer.
Note
See Order 28A of Chapter I.
(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
See Order 28A of Chapter I.
(3) A party to an admiralty proceeding which is not a Commonwealth proceeding and in which the originating process has not been marked in accordance with paragraph (2) 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
See Order 28A of Chapter I.
(4) The Judge in Admiralty may, on the Judge's own motion, direct that a proceeding be entered into the List if satisfied that the proceeding should be heard and determined in the List.
3.03 Removal from the List
The Judge in Admiralty may at any time order that a proceeding in the List be removed from the List.
Note
See Rule 28A.01(3) of Chapter I (electronic filing in RedCrest).
3.04 Directions
(1) The plaintiff shall apply 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 on the 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.
3.05 Assessors
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.
3.06 Application 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: 28 November 2019
CHRISTOPHER MAXWELL, P.
PAMELA TATE, J.A.
SIMON P. WHELAN, J.A.
DAVID F. R. BEACH, J.A.
STEPHEN KAYE, J.A.
S. G. E. McLEISH, J.A.
R. NIALL, J.A.
KIM HARGRAVE, J.A.
TERRY FORREST, J.A.
KARIN EMERTON, J.A.
KEVIN H. BELL, J.
ANTHONY CAVANOUGH, J.
M. L. SIFRIS, J.
PETER ALMOND, J.
JOHN R. DIXON, J.
C. MACAULAY, J.
KATE McMILLAN, J.
G. J. DIGBY, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
MICHAEL McDONALD, J.
RITA ZAMMIT, J.
P. J. RIORDAN, J.
JANE A. DIXON, J.
A. J. KEOGH, J.
MAREE KENNEDY, J.
M. N. CONNOCK, J
MELINDA RICHARDS, J
KEVIN J. A. LYONS, J.
LESLEY TAYLOR, J.
S. J. MOORE, J.
ANDREW J. TINNEY, J.
JACINTA FORBES, J.
L. M. NICHOLS, J.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Supreme Court Admiralty Rules 2019, S.R. No. 125/2019 were made on 28 November 2019 by the Judges of the Supreme Court under section 25 of the Supreme Court Act 1986, No. 110/1986 and came into operation on 28 April 2020: rule 1.04.
The Supreme Court Admiralty Rules 2019 will sunset 10 years after the day of making on 28 November 2029 (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 1 January 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 1 January 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).
2 Table of Amendments
There are no amendments made to the Supreme Court Admiralty Rules 2019 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
Rule 1.05: S.R. No. 24/2010 as amended by S.R. Nos 15/2017, 127/2017 and 58/2018. ↑