Order 21 of the National Court Rules 1983 is the longest specialist Order in the Rules, running to 42 rules.
Rule 1
This Order applies to Admiralty causes and matters, and the other provisions of these Rules apply to those causes and matters subject to the provisions of this Order.
So Order 21 sits on top of the general Rules and overrides them where they conflict.
“Action in rem” means an Admiralty action in rem.
“Caveat book” means the book kept in the Registry in which caveats issued under this Order are entered.
“Limitation action” means an action by shipowners or other persons under the Merchant Shipping Act 1975 for the limitation of the amount of their liability in connection with a ship or other property.
“Marshal” means the Registrar of the National Court acting as Admiralty marshal.
“Registry” means the Admiralty Registry in the office of the Registrar of the National Court of Justice.
“Ship” includes any description of vessel used in navigation.
And “Notice of Intention to Defend” when filed shall have the like effect to an entry of appearance in the Admiralty Practice of the United Kingdom.
Rule 2
(a) every action to enforce a claim for damage, loss of life or personal injury arising out of — (i) a collision between ships; (ii) the carrying out of or omission to carry out a manoeuvre in the case of one or more of two or more ships; or (iii) non-compliance, on the part of one or more of two or more ships, with the collision regulations; and
(b) every limitation action,
shall be heard by the Court sitting in its Admiralty Jurisdiction.
“Collision regulations” means regulations adopted under the Convention on the International Regulations for Preventing Collisions at Sea 1972.
Rules 3 to 11
Rule 3(1) — an action in rem must be begun by writ of summons and the writ must be in Form 105. Order 6 Division 2 (service outside the jurisdiction) applies.
Rule 4 — service out of the jurisdiction is permissible with the leave of the Court where, among other things, the defendant has his habitual residence or a place of business within Papua New Guinea, or the cause of action arose within inland waters of Papua New Guinea or within the limits of a port of Papua New Guinea.
Rule 5 — warrant of arrest; Rule 10 — execution of warrant of arrest; Rule 11 — service on ships: how effected.
An action in rem proceeds against the ship or property itself. The warrant of arrest secures the vessel within the jurisdiction, so that a judgment can be satisfied out of it — a necessity where the owner is abroad.
Rule 9 backs the process with a personal sanction: committal of solicitor failing to comply with undertaking.
A caveat against arrest is entered in the caveat book under Rule 6, and a caveat against release and payment under Rule 14. Rule 7 supplies a remedy where property protected by a caveat is arrested, and Rule 15 fixes their duration.
The mechanism resembles a probate caveat: a registered warning that a step should not be taken without notice.
Rules 12 to 16
Rule 12 — applications with respect to property under arrest.
Rule 13 — release of property under arrest.
Rule 16 — bail, the traditional Admiralty security given to secure release.
Rule 28 — stay of proceedings in collision actions until security is given.
Rule 22 — order for sale of ship: determination of priority claims. Rule 23 — appraisement and sale of property. Rule 24 — undertakings as to expenses. Rule 25 — payment into and out of Court.
An arrested vessel is expensive to maintain, which is why the Order provides both for sale and for the undertakings that fund the marshal’s costs in the meantime.
Rules 18 to 20
Rule 18 — preliminary acts. Rule 19 — failure to lodge preliminary act: proceedings against party in default. Rule 20 — special provisions as to pleadings in collision actions.
In a collision action each party lodges a sealed statement of its own account of the incident — course, speed, lights, signals, weather — before seeing the other side’s. It prevents accounts being tailored to each other, and it is the reason Rule 20 makes special provisions as to pleadings in such actions.
Rule 19 provides for the consequences of failing to lodge one, so the requirement is not optional.
Rules 26 to 31
Rule 26 — motion for directions. Rule 27 — fixing date for trial. Rule 29 — inspection of ship. Rule 30 — examination of witnesses and other persons. Rule 31 — trial as an Admiralty short cause. Rule 21 — judgement by default.
Rule 34 allows an agreement between lawyers to be made an order of Court, and Rule 35 provides an originating summons procedure.
Rules 36 to 39 deal with limitation actions — parties, motion for decree or directions, proceedings under decree, and proceedings to set aside decree.
Rules 32 and 33 deal with apportionment of salvage and the filing and service of notice of motion.
Rules 40 and 41 provide for references and the hearing of a reference; Rule 42 for drawing up and entry of judgements and orders.
Admiralty is a specialist jurisdiction with its own vocabulary, its own registry, its own forms and a marshal. Where a vessel is in port and about to sail, the arrest procedure is urgent and unforgiving of error.
Get specialist advice early — the law firms directory lists practitioners. And note that a substantial shipping claim may also qualify for the Commercial List, whose Rule 9(a) categories include carriage of goods by land, sea, air or pipeline.
Sources
- National Court Rules 1983 — O 6 Div 2; O 10A r 9; O 21 rr 1–42, Form 105
The Merchant Shipping Act 1975 is not available on PacLII. The Convention on the International Regulations for Preventing Collisions at Sea 1972 is an international instrument referred to in Order 21 Rule 2(2).
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.