Marshal’s costs and expenses
53 Marshal’s costs and expenses
An application under rule 51 or 52 for the release from arrest of a ship or other property constitutes an undertaking to the court:
if the application is made by the applicant personally—by the applicant; or
if the application is made by an Australian legal practitioner on behalf of the applicant—by the Australian legal practitioner; or
if the application is made by any other agent of the applicant—by the applicant;
to pay to the Marshal, on demand, an amount equal to the amount of the Marshal’s costs and expenses in connection with the custody of the ship or property while it was under arrest, including the costs and expenses associated with the release from arrest of the ship or property.
The Marshal may refuse to release a ship or other property from arrest unless arrangements satisfactory to the Marshal have been made for the payment of the costs and expenses mentioned in subrule (1).
This Act’s bill:Explanatory statement
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