Document ID: chunk:federal_register_of_legislation:F2016C00720:reg:9
Version: federal_register_of_legislation:F2016C00720
Segment Type: reg
Provision Reference: reg 9
Character Range: 16809–17789

9  Caveator to give bail
 (1) This rule applies if:
 (a) a caveat against the arrest of a ship or other property is in force; and
 (b) under these Rules, initiating process in a proceeding has been served on the caveator; and
 (c) the proceeding is a proceeding of the kind specified in the caveat; and
 (d) the caveat specifies an amount not less than the amount claimed.
 (2) Within 3 days after having been so served, the caveator must, unless otherwise agreed in writing between the caveator and the plaintiff:
 (a) pay into court an amount equal to:
 (i) the amount claimed; or
 (ii) the amount specified in the caveat;
  whichever is the less; or
 (b) cause a bail bond to be entered into in that amount, and give notice, in accordance with Part VII.
 (3) A caveator who fails to comply with subrule (2):
 (a) is taken to have failed to appear in the proceeding within the time specified for appearing; and
 (b) is liable for committal.

Division 2—Caveats against release