Document ID: chunk:federal_register_of_legislation:F2016C00720:reg:52
Version: federal_register_of_legislation:F2016C00720
Segment Type: reg
Provision Reference: reg 52
Character Range: 43765–44888

52  Release from arrest by the Court
 (1) A party to a proceeding may apply to the court in accordance with Form 19 for the release of a ship or other property that is under arrest in the proceeding.
 (2) If a caveat against release of the ship or property is in force, a copy of the application must be served on the caveator.
 (3) On an application under subrule (1), the court may order the release from arrest of the ship or property on such terms as are just.
 (4) The court must not hear an application for the release from arrest of a ship or any property under this rule unless:
 (a) the applicant for the release has given to the plaintiff notice, being notice that the court is satisfied is reasonable in the circumstances, of the hearing of the application for the release; or
 (b) the court is satisfied that there are exceptional circumstances that justify hearing the application without giving notice to the plaintiff.
 (5) If the court orders under subrule (1) that a ship or any property is to be released from arrest, the court must give notice of the release to the Marshal in accordance with Form 19A.