Ship arrest in Australia – an update

With the Hanjin crisis and resulting scramble for security now settling down, it is timely to review when and how a ship can be arrested in Australia. Australia is an arrest and enforcement-friendly jurisdiction and has the advantage of a dedicated Maritime court. Arresting a ship in Australia is straightforward and can generally be achieved within 24 hours.

Australia is not a party to any arrest conventions, however the Admiralty Act 1988 (Cth) and the Admiralty Rules 1988 (Cth) largely reflect the position under the 1952 Arrest Convention.

Maritime claims

Under the Admiralty Act, claims can be made in rem against a ship for maritime liens (section 15), proprietary maritime claims (section 16) and general maritime claims (section 17).