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Home Information for practitioners Admiralty and maritime matters

Forms and guides, filing and fees

Forms and guides

Follow these steps to get admiralty forms and guides to help you complete the most commonly used forms.

Identify the form you require from the table below (for example, Form 5).
Click on the name of the form (for example, Application). This link takes you to a new page from where you can download the form and a guide to help you fill it out.
You can then fill it out and save and print out the form or guide on your own computer.

Modified forms are ready to fill out. These include a document header and footer as required by Order 41 of the Federal Court Rules. Using the modified form will help ensure that your form complies with the Federal Court Rules.

Prescribed forms are displayed exactly as they appear in the First Schedule of the Federal Court Rules. They do not include a document header and footer.

A filing fee applies to some admiralty forms. If you cannot afford this fee you can ask the Court to waive it. Some people are exempt from paying fees (for example, if you have been granted legal aid or are the holder of a health care card). A form to ask the Court to waive or grant an exemption from the fee is available from this website.

Form	Description
Form 5 Federal Court Rules	Application
Form 1 Admiralty Rules	Title of documents for use in proceedings under the Act
Form 2 (subrule 7 (1)) Admiralty Rules	Caveat against arrest of ship or other property
Form 3 (subrule 7 (3)) Admiralty Rules	Solicitor's undertaking
Form 4 (rule 10) Admiralty Rules	Caveat against release from arrest of ship or other property
Form 5 (rule 13) Admiralty Rules)	Withdrawal of caveat
Form 6 (rule 19) Admiralty Rules	Writ
Form 7 (subrule 21 (2)) Admiralty Rules	Statement of claim: limitation proceeding
Form 8 (subrule 22 (2)) Admiralty Rules	Statement of claim: action in rem
Form 9 (subrule 23 (2)) Admiralty Rules	Appearance
Form 10 (para 25 (2) (a)) Admiralty Rules	Preliminary act
Form 11 (para 25 (2) (a)) Admiralty Rules)	Preliminary act
Form 12 (subrule 39 (1)) Admiralty Rules	Application for arrest warrant
Form 13 (subrule 39 (2)) Admiralty Rules	Affidavit to support application for arrest warrant
Form 14 (subrule 40 (2)) Admiralty Rules	Arrest warrant
Form 15 (subrule 43 (6)) Admiralty Rules	Request not to execute arrest warrant
Form 16 (rule 45) Admiralty Rules	Affidavit of execution of arrest warrant
Form 17 (subrule 49 (1)) Admiralty Rules	Application for discharge
Form 17A (para 51 (1A) (a)) Admiralty Rules	Notice of payment into Court
Form 18 (subrule 51 (1)) Admiralty Rules	Application to registrar for release of ship or other property
Form 19 (subrule 52 (1)) Admiralty Rules	Application to Court for release of ship or other property
Form 19A (subrules 51 (7) and 52 (5)) Admiralty Rules	Notice of release from arrest
Form 20 (subrule 54 (2)) Admiralty Rules	Bail bond
Form 21 (subrule 55 (2)) Admiralty Rules	Notice of bail
Form 22 (subrule 56 (1)) Admiralty Rules	Notice of objection to surety
Form 23 (subrule 56 (3)) Admiralty Rules	Notice of hearing of objection to bail
Form 24 (subrule 62 (2)) Admiralty Rules	Advertisement of application to limit liability limitation of shipowner's liability
Form 25 (subrule 64 (1)) Admiralty Rules	Application to vary or set aside determination limiting liability
Form 26 (subrule 69 (2)) Admiralty Rules	Application for valuation or sale of ship or other property
Form 27 (subrule 69 (3)) Admiralty Rules	Order for valuation or sale of ship or other property
Form 28 (subrule 73 (2)) Admiralty Rules	Notice of application to determine priorities
Form 29 (rule 79) Admiralty Rules	Register of admiralty proceedings

Filing and fees

The fee for starting a proceeding under the Admiralty Act in the Federal Court is set by the Federal Court of Australia Regulations 2004.

The Regulations also provide that the fee for a Marshal serving a writ or executing an arrest warrant is an amount equal to the amount of any expenses reasonably incurred by that officer in the service or execution, or attempted service or execution, of the writ or warrant, together with a charge calculated at the hourly rate of salary payable to an officer of the Court who is involved in the service or execution or attempted service or execution.

The cost of a Marshal retaining safe custody of a ship or property (including carrying out a judicial sale or performing other functions) is calculated at the hourly rate of salary payable to the Marshal plus a 20 per cent loading for overheads. It also includes an 'on call allowance' paid to the Marshal. The amount of any expenses reasonably incurred, such as berthing fees and other charges, must also be paid to the Marshal.

Under the Admiralty Rules, a Marshal is entitled to make one or more demands for interim payments on account of the Marshal's fees and expenses. In most cases, a Marshal will seek a payment prior to the arrest of a vessel.