| Order code |
Description |
Text |
| D-ADM |
Admiralty |
|
| D-ADM01 |
Custody - permission to move ship |
1. The ship <NAME OF SHIP> under arrest in <LOCATION>
be permitted to:
(a) sail without deviation to <NAME OF PORT> as soon
as practicable but no later than <DATE>;
(b) discharge at <NAME OF PORT>
the cargo on board consisting of <DESCRIPTION OF CARGO>;
(c) thereafter sail to <NAME OF PORT> by no later than <DATE> and proceed to
a designated berth, buoy or anchorage as required by the Marshal and remain there
until further order of the Court.
2. Prior to the ship <NAME OF SHIP> leaving her present berth, the applicant
for permission to sail be required to:
(a) pay or cause to be paid to the Marshal the sum of $<AMOUNT> ('the Fund');
(b) provide evidence in a form satisfactory to the Marshal that a policy of Hull
and Machinery Insurance on the ship remains in force until <DATE>;
(c) provide evidence in a form satisfactory to the Marshal that a policy of P&I
Insurance on the ship remains in full force and effect until <DATE>;
(d) deliver to the Marshal all passports of the crew to be held by the Marshal
pending the arrival of the ship at <NAME OF PORT>.
3. The Marshal pay from the Funds all costs, charges, payments and fees incurred
of and incidental to any voyage made pursuant to these orders, together with
all costs and charges of and incidental to any discharge of cargo undertaken
pursuant to Order <NUMBER>, including but not limited to all insurances, stevedoring
costs, pilotage fees, port services charges, wharfage, mooring and unmooring
charges, unshackling and reshackling charges, hire of tugs, line boat charges,
navigation charges, crew wages and overtime, bunkers consumed and watchmen.
4. No costs payable pursuant to order <NUMBER> shall be deemed to be costs of
the arrest.
5. If there is any surplus from the Fund after the return of the ship to <NAME
OF PORT> that surplus shall be returned to the applicant.
6. The <plaintiff/applicant/defendant> be permitted to place a representative
on board the ship for the duration of any voyage made pursuant to these orders
subject to the <plaintiff/applicant/defendant> providing to the Marshal the name
and details of the representative <at least 48 hours before the date of departure>
<by DATE>.
7. The Marshal allow to be taken on board the ship such persons as the Marshal
considers appropriate for the purpose of retaining the safe custody, control
and preservation of the ship during the period of any voyages undertaken pursuant
to this order.
<Alternatively to orders 2 and 3:
The Court notes the undertaking by the applicant
for the permission to sail to:
(a) pay to the Marshal any costs and expenses incurred
in relation to the voyage and/or discharge or loading
of cargo permitted pursuant to these orders; and
(b) indemnify the Marshal against any claims made
against the Marshal in relation to any voyage undertaken
pursuant to these orders.>
|
| D-ADM02 |
Release - directions on security |
8. The plaintiff file on or before
<DATE> an affidavit setting out the amount
for which the plaintiff seeks security and the material
facts upon which the amount is based.
9. The Marshal file on or before <DATE> an affidavit
setting out in detail the amount of the Marshal's
expenses to date and further amount the Marshal expects
will or might be incurred for expenses of arrest
up to the expected date of release. |
| D-ADM03 |
Release - on security |
10. The <NAME OF PARTY TO PAY THE
SECURITY> pay into Court by way of security for the
release of the ship <NAME OF SHIP> the sum of $<AMOUNT>.
11. The Registrar invest the moneys paid into the
Court pursuant to order in in an interest bearing
account on deposit.
12. The <PLAINTIFF/ARRESTING PARTY> pay to the Marshal
the sum of $<AMOUNT> on account of fees, costs and
expenses properly incurred by the Marshal in connection
with the arrest and release of the ship.
13. The Marshal release the ship <NAME OF SHIP> upon
making of the payments provided for in the orders
<NUMBERS> and upon the <PALINTIFF/ARRESTING
PARTY>
by its counsel undertaking to the Court that it will
pay to the Marshal any fees, costs and expenses properly
incurred by the Marshal in connection with the arrest
and/or release of the ship additional to the sum
specific in order <NUMBER>. |
| D-ADM04 |
Release - arrest set aside |
14. The warrant for the arrest of
the ship <NAME OF SHIP> issued on <DATE> be set aside.
15. The Marshal release the ship <NAME OF SHIP>. |
| D-ADM05 |
Master & Crew - maintenance while
ship under arrest |
16. The Marshal arrange for the ship
<NAME OF SHIP> to be provided with such supplies
of food and water as are reasonably necessary to
meet the requirements of the crew.
17. The Marshal take such steps as may be necessary
to arrange for medical attention for any member of
the crew of the ship <NAME OF SHIP> for whom
it is required including, but not limited to, arrangements
for bringing such crew member to shore for that purpose. |
| D-ADM06 |
Master & Crew - repatriation at plaintiff
expense |
18. The Marshal repatriate the crew
named in 'Annexure A' hereto on board the ship <NAME
OF SHIP> and that such repatriation take place on
or before <DATE>.
19. The <NAME OF PARTY> pay to the Marshal on or
before <DATE> the costs and expenses of the repatriation
of the crew in accordance with order <NUMBER>.
20. The Marshal determine <by inquiry from the master
and inspection of the ship's records> the amount
of the wages payable to the crew to be repatriated
and the crew remaining on board, and notify the <NAME
OF PARTY> on or before <DATE> of the amounts payable
for wages.
21. The <NAME OF PARTY> pay to the Marshal on or
before <DATE> the amount of outstanding wages owing
to the crew to be repatriated:
(a) up to the date of arrest; and
(b) for the period between the date of arrest and
their repatriation.
22. (If a caretaker crew are
left on board) The <NAME OF PARTY> pay to the
Marshal on or before <DATE> the amount of the outstanding
wages owing to the master and crew named in 'Annexure
B' remaining on board the ship <NAME OF SHIP>:
(a) up to the date of arrest; and
(b) for the period from the date of arrest to the
date of these orders; and
(c) on demand by the Marshal, for the period from
the date of these orders to the date of the repatriation
of the master and crew.
23. Upon receiving the <payment/payments> pursuant
to order <NUMBER>, the Marshal pay:
(a) to the crew to be repatriated, the outstanding
wages referred to in order <NUMBER>; and
(b) to the master and crew remaining on board the
ship, the outstanding wages referred to in order
<NUMBER>.
24. The costs and expenses of repatriation of the
crew and the payment of the wages of the crew from
the date of arrest be costs and expenses of the arrest.
25. In respect of any payment by the <NAME OF PARTY>
of wages owing to the crew prior to the date of arrest,
the <NAME OF PARTY> be subrogated to the rights of
each of the master and crew of the ship against any
fund constituted upon the sale of the ship. |
| D-ADM07 |
Master & Crew - repatriation at
Marshal's expense |
26. The Marshal repatriate the crew
named in 'Annexure A' hereto on board the ship <NAME
OF SHIP> and that such repatriation take place
on or before <DATE>.
27. The Marshal pay to the crew on or before <DATE>
the amount of outstanding wages owing to the said
crew:
(a) up to the date of arrest; and
(b) for the period between the date of arrest and
their repatriation.
28. (If a caretaker crew are
left on board) On or
before <DATE> the Marshal pay to the master and crew
named in 'Annexure B' remaining on board the ship
<NAME OF SHIP> the amount of the outstanding wages
owing:
(a) up to the date of arrest; and
(b) for the period from the date of arrest to the
date of these orders; and
(c) for the period from the date of these orders
to the date of the repatriation of the master and
crew.
29. The costs and expenses of repatriation of the
crew and the payment of the wages of the crew up
to the date of their repatriation form part of the
Marshal's costs and expenses of the arrest and a
first charge on the proceeds of sale of the ship. |
| D-ADM08 |
Directions - joining intervener as
party |
30. <NAME OF INTERVENER> be joined
as a <plaintiff/defendant> in these proceedings to
the extent necessary to protect the intervener's
interests in the res.
31. <NAME OF INTERVENER> must cause a notice of appearance
to be filed in the registry on or before <DATE>.
32. <NAME OF INTERVENER> must on or before <DATE>
file and serve on each other party in these proceedings
a statement of claim. |
| D-ADM09 |
Directions - preliminary acts |
33. The preliminary acts not be opened
prior to the filing of all statements of evidence
to be relied upon by the parties.
34. The defendant seek further and better particulars
of the plaintiff's claim for damages on or before
<DATE>. |
| D-ADM10 |
Sale - order for sale of ship |
35. The Marshal appoint a <MARINE
SURVEYOR/SHIP BROKER> on or before <DATE> for the
purpose of providing to the Marshal a written valuation
of the ship <NAME OF SHIP>.
36. The Marshal provide to each party, caveator and
intervener as soon as practicable after receipt of
the written valuation:
(a) a copy of the valuation of the ship obtained
pursuant to order <NUMBER>;
(b) the name of the ship's broker the Marshal proposes
to engage to sell the ship;
(c) the recommendations of that ship's broker as
to the method by which the ship ought to be sold
for the purposes of achieving the best possible price.
37. The ship <NAME OF SHIP> be sold by the Marshal
by <PUBLIC AUCTION/PUBLIC TENDER/SEALED TENDER/PRIVATE
TREATY> <or by a method as otherwise advised by the
appointed ship's broker and agreed to by the Marshal>,
as soon as practicable.
38. <The Marshal disclose to the Court in chambers
the highest bid following the close of tenders.>
39. The Marshal be authorised to:
(a) remove such moveable equipment or other property
of the ship as the Marshal thinks fit and to store
the same in safekeeping in such premises as the Marshal
shall approve; and
(b) take custody of and retain the ship's log books,
certificate of registry and other certificates and
documents of the ship.
40. The Marshal <have liberty to> send for publication
in <NAME OF PUBLICATION(S)> <and in such other publications
as the Marshal considers appropriate>:
(a) an advertisement for the sale of the ship <;
and
(b) a notice which accord with Form 28 of the Admiralty
Rules>.
41. The costs and expenses incurred in appraisement
and in the sale of the ship, including any advertising
of the ship for sale, be paid out of the proceeds
of sale of the ship as part of the Marshal's costs
and expenses in this proceeding. |
| D-ADM11 |
Sale - acceptance of tender |
42. The Marshal accept the tender
of <NAME> of <ADDRESS> to purchase the ship <NAME
OF SHIP> for the sum contained in the tenderer's
offer with such purchase being made in the terms
of the conditions of sale of the ship prepared by
the Marshal.
43. The purchase price be paid by or on behalf of
<NAME> in accordance with the conditions of sale.
44. On payment of the whole of the purchase price
by <NAME>, the Marshal deliver to <NAME> or the tenderer's
duly appointed agent the ship in accordance with
the Marshal's conditions of sale.
45. All crews' logs and other similar documents on
board the ship and not required according to the
conditions of sale to be delivered to <NAME OF BUYER>,
be delivered by the Marshal to the Registrar and
not be disclosed or released to any person until
further order. |
| D-ADM12 |
Sale - account for proceeds |
46. The Marshal open an account with
the <NAME OF INSTITUTION> at the <ADDRESS> branch
entitled 'Marshal - sale of <NAME OF SHIP>' in <TYPE
OF CURRENCY>. The persons entitled to draw on the
account are to be any two of <NAMES>.
47. No amount in excess of $<AMOUNT> is to be withdrawn
from the account without the further order of the
Court. |
| D- ADM13 |
Costs - of arresting party |
48. The following costs and expenses
as or when paid by the <ARRESTING PARTY> be included
as part of the costs and expenses of the arrest and
be recoverable by the <ARRESTING PARTY> in priority
to all claims against the res other than the claim
of the Marshal:
(a) <DETAILS OF THE COSTS AND EXPENSES (which might
include berth hire fees, security expenses, mooring
expenses; the cost of moving the ship between berths
(including towage and pilot fees); insurance of the
ship whilst under arrest; the provision of water
to the ship; Marshal's wages; vehicle costs; indemnity
insurance; crew victualling and supplies; miscellaneous
disbursements; etc)>.
(b) ... |
| D-ADM14 |
Priorities - determining priorities |
49. The Marshal publish in <NAME OF
PUBLICATION(S)> on or before <DATE> a notice in accordance
with Form 28 of the Admiralty Rules of the Court's
intention to determine priorities between the competing
claims.
50. The advertisement notify any person having a
claim against the Fund who wishes to participate
in the proceeding, that the Court expects any such
claim against the proceeds of sale to be commenced
by statement of claim filed on or before <DATE>.
51. Any person who has brought or brings proceedings
against the Fund, if that person has not already
done so, must:
(a) serve on each other party a copy of that person's
statement of claim; and
(b) if the person intends to file a caveat against
release of the Fund, that person do so on or before
<DATE>.
52. Any person who has brought or brings proceedings
against the Fund must file and serve on the other
parties all affidavit evidence in support of its
claim on or before <DATE>.
53. Any party who wishes to contest the entitlement
to judgment of any other party must file and serve
notice of the same on or before <DATE> together with
any affidavit material to be relied upon.
54. Any subpoenas or notices to produce in relation
to the claims made be returnable on <DATE>.
55. Any affidavits in reply be filed and served on
or before <DATE>.
56. The <DATE> by fixed for the hearing of all claims
for judgment against the Fund and the determination
of priorities. |
| D-ADM15 |
Priorities - orders for priority |
57. The order of priority of claims
against the fund representing the proceeds of sale
of the ship <NAME OF SHIP> be as follows:
(a) the fees and expenses of the Marshal incurred
in respect of the arrest, valuation and sale of
the ship;
(b) the costs and expenses of <NAME OF PARTY> of
the
(i) <INSERT DETAILS>;
(c) the amount of $<AMOUNT> owing to the master
and crew pursuant to judgment entered on <DATE> in
respect of wages earned in service on the ship;
(d) the judgments in rem obtained by <NAME OF PARTY>,
<NAME OF PARTY> and <NAME OF PARTY> rank pari passu.
|
| D-ADM16 |
Proceeds - distribution of proceeds |
58. The Marshal pay from the Fund
the amount of $<AMOUNT> for the Marshal's expenses
incurred in the arrest, custody (including movement
of the ship and the loading or unloading of any cargo),
valuation and sale of the ship <NAME OF SHIP>.
59. The Marshal forthwith pay the following amounts
from the Fund in satisfaction of the judgment(s)
entered in these proceedings:
(a) to <NAME OF PAYEE> the sum of $ <JUDGMENBT AMOUNT>
together with interest for each day after <DATE OF
JUDGMENT> that the judgment amount remains unpaid
at the daily rate of <INTEREST RATE>;
(b)... |
| D-ADM99 |
Admiralty - free text order specific
to case |
69. <FREE TEXT> |
