Document ID: chunk:federal_register_of_legislation:F2016C00720:schedule:1:p7
Version: federal_register_of_legislation:F2016C00720
Segment Type: schedule
Provision Reference: sch 1 (pt 7/12)
Character Range: 81128–83778

of registry; if other property, describe property) while it is under arrest.1
Note: Paragraph 41(1)(b) of the Admiralty Rules 1988 provides that if the application is made by an Australian legal practitioner on behalf of the applicant, the application constitutes an undertaking to the court by the Australian legal practitioner.

   1. delete sentence if undertaking is to be given by a law practice under subrule 75A(2) of the Admiralty Rules 1988

Form 13—Affidavit to support application for arrest warrant
(subrule 39(3))

(Title)
AFFIDAVIT TO SUPPORT APPLICATION FOR ARREST WARRANT
 1. I am 1.
 2. I ask for a warrant for the arrest of 2.
 3. The claim in respect of which the arrest is sought concerns 3.
     4. I have caused a search to be made of the Register of Caveats Against Arrest and no such caveat is in force/the following caveat/s is/are4 in force:              4,5.
     5. The following documents have been served on the caveators6 on the following respective dates:              7.
 6. The claim has not been satisfied/has been partly satisfied4 as follows:
 (a) an amount of $ 8 has been paid into court in the 9;
 (b) security to the value $ 8 for payment of claim has been
  given 10.
    7.11 The amount of salvage money awarded or agreed to be accepted is
    $ 8 and is being held by 12.
 8. The aid of the court is necessary to enable the claim to be satisfied.

 1. insert full name and description of deponent
 2. if ship, insert name of ship and port of registry; if other property, describe  property
   3. set out short particulars of the claim and any necessary facts that would entitle an action in rem to be brought, in accordance with the Admiralty Act 1988, in respect of the claim
 4. strike out whichever is not applicable
 5. set out short particulars of caveats in force
 6. set out clearly which documents have been served on each of the caveators
 7. set out when each document was served
 8. insert amount
 9. insert name of court
10. set out where security held
11. complete paragraph 7 only if claim is a salvage claim
12. insert name and address of person holding salvage money

Form 14—Arrest warrant
(subrule 40(2))

(Title)

ARREST WARRANT

To the Marshal:

 Arrest 1.

Warrant taken out by 2.

   1. if ship, insert name of ship and port of registry; if other property,  describe property
   2. insert name of applicant and description, for example, 'Australian legal practitioner for the plaintiff'

Form 15—Request not to execute arrest warrant
(subrule 43(6))

(Title)

REQUEST NOT TO EXECUTE ARREST WARRANT

 1. On 1 an arrest warrant was issued at my application against 2.

 2. Please