Commonwealth Consolidated Acts

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ADMIRALTY ACT 1988 - SECT 20

Service on and arrest of only one ship

  (1)   Where service of initiating process in a proceeding commenced as mentioned in section   15, 17, 18 or 19 has been effected on a ship, service of initiating process in the proceeding shall not be effected on any other ship unless the service on the first - mentioned ship has been set aside or the proceeding, so far as it relates to that ship, has been discontinued, dismissed or struck out.

  (2)   Where service of initiating process in a proceeding commenced as mentioned in section   15, 17, 18 or 19 has been effected on a ship, service of initiating process in some other proceeding on the same claim commenced as mentioned in any of those sections shall not be effected on any other ship unless the first - mentioned proceeding has been discontinued, dismissed or struck out.

  (3)   Where a ship has been arrested in a proceeding commenced as mentioned in section   15, 17, 18 or 19, no other ship shall be arrested in the proceeding unless the first - mentioned ship:

  (a)   was invalidly arrested and has been released from arrest; or

  (b)   was unlawfully removed from the custody of the Marshal and the Marshal has not regained custody of the ship.

  (4)   Where:

  (a)   a person has a claim that is both:

  (i)   a claim on a maritime lien or other charge; and

  (ii)   a general maritime claim;

    in respect of a ship; and

  (b)   the person has commenced a proceeding under section   19 against a surrogate ship;

subsection   ( 3) does not prevent the arrest of the first - mentioned ship in a proceeding on the maritime lien or other charge if the amount recovered by the person in the proceeding commenced under section   19 is less than the amount of the claim on the maritime lien or other charge.


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