Document ID: chunk:federal_register_of_legislation:F2016C00720:schedule:1:p1
Version: federal_register_of_legislation:F2016C00720
Segment Type: schedule
Provision Reference: sch 1 (pt 1/12)
Character Range: 66501–69290

Schedule 1—Forms
(paragraph 5(a))

Form 1—Title of documents for use in proceedings under the Act
(paragraph 5(a))

TITLE OF DOCUMENTS FOR USE IN PROCEEDINGS UNDER THE ACT

Admiralty Rules
IN THE (Court1) No.     of  20
IN ADMIRALTY
 BETWEEN
  Plaintiff2
 AND
 Defendant3
 (or THE SHIP4  )
 (or THE SHIP(S)5
 AS SURROGATE(S) FOR THE
 SHIP4  )
 (or THE SHIP4  AND THE
 SHIP(S)5
 AS SURROGATE(S) FOR THAT
 SHIP)
 (or6  )
 (or THE SHIP4
 and
  6).

1. insert name of court exercising admiralty jurisdiction
2. insert name of plaintiff
3. insert name of defendant
4. only 1 ship may be named
5. if the claim is against a surrogate ship or surrogate ships, insert the name or  names of the surrogate or surrogates
6. if the claim is against property, insert a short description of the property

Form 2—Caveat against arrest of ship or other property
(subrule 7(1))

(Title)

CAVEAT AGAINST ARREST OF SHIP OR OTHER PROPERTY

 Ship/property1: 2
 Caveat by: 3
 Relationship with ship/property1: 4
 Caveat expires: 5
 Amount for which caveat entered: $ 6
 Kind of proceeding to which caveat applies: 7
 Address for service of caveator: 8
 If a proceeding to which this caveat applies is commenced against the ship/property1 in any Australian court, I undertake to:
      (a) enter an appearance in the proceeding; and
      (b) comply with any obligations as to bail or payment into court under rule 9 of the Admiralty Rules;
within 3 days after being served with initiating process in the proceeding.

1. strike out whichever is not applicable
2. if ship, insert name of ship and port of registry; if other property, insert  description of property
3. insert name of applicant
4. insert short particulars of relationship
5. if caveat to be in force for less than 12 months, specify time, but not less than
7. days
6. insert amount
7. list kinds of proceedings to which caveat applies, for example, "All  proceedings", "Any proceeding on a claim referred to in subsection 4(2) or               paragraph 4(3) (a) to (g) (inclusive) of the Admiralty Act 1988" or as               appropriate
8. insert address for service

Form 3—Australian legal practitioner's undertaking
(subrule 7(3))

(Title)

AUSTRALIAN LEGAL PRACTITIONER'S UNDERTAKING
(To be endorsed on the caveat)

If a proceeding to which this caveat applies is commenced against the ship/property1 in any Australian court, I undertake that the caveator on whose behalf the caveat is filed will:
      (a) enter an appearance in the proceeding; and
      (b) comply with the obligations as to bail or payment into court under rule 9 of the Admiralty Rules 1988;
within 3 days after being served with initiating process in the proceeding.

1. strike out whichever is not applicable

Form 4—Caveat against release from arrest of ship