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ARTICLE · 12 JULY 2024

Caveats against release: Lessons from the Caledonian Sky

Holding Redlich
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A warning to prospective claimants and maritime practitioners that a court will not allow a caveat against release.

AustraliaTransport
Nathan Cecil
Nathan Cecil
Michael Tatham
Michael Tatham
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The Federal Court case of Delta Corp Ship Management DMCCO v The Ship "Caledonian Sky" [2023] FCA 1058 (Caledonian Sky case) illustrates how caveats against release of an arrested vessel can be a powerful legal strategic tool in admiralty matters when used effectively.

The Caledonian Sky case highlights the purpose and technical principles that apply to caveats against release in practice and serves as a warning to parties who seek to use a caveat against release as a delay tactic rather than a springboard to launch their own arrest upon release of a vessel from arrest.

Before we dive into the principles laid down in the case, we must first understand what a caveat against release is and how they are used in practice.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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