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ARTICLE · 20 SEPTEMBER 2015

Australia permits arrest of vessel on foreign maritime lien claim

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The Federal Court of Australia has upheld the arrest of a vessel over a claim for a foreign maritime lien.

AustraliaTransport
Nathan Cecil
Nathan Cecil
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In a decision delivered on 11 September 2015, the Federal Court of Australia has upheld the arrest of the "Sam Hawk" in respect of a claim for a foreign maritime lien arising from the supply of bunkers to the vessel.

This decision is significant because it reverses the prior law in Australia and paves the way for the recognition and enforcement in Australia of foreign maritime liens, even where such liens do not exist independently under Australian law.

The practical effect of this decision is that the claims in respect of which vessels can be arrested in Australia has now expanded significantly, meaning that Australia is an even more arrest and enforcement-friendly jurisdiction.

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