Commonwealth Consolidated Acts

ADMIRALTY ACT 1988 - SECT 25

  (1)   A person who apprehends that a claim for compensation under a law (including a law of a State or a Territory) that gives effect to provisions of a Liability Convention may be made against the person by some other person may apply to the Federal Court to determine the question whether the liability of the first - mentioned person in respect of the claim may be limited under that law.

  (2)   Subsection   ( 1) does not affect the jurisdiction of any other court.

  (3)   On an application under subsection   ( 1), the Federal Court may, in accordance with the law referred to in that subsection:

  (a)   determine whether the applicant's liability may be so limited and, if it may be so limited, determine the limit of that liability;

  (b)   order the constitution of a limitation fund for the payment of claims in respect of which the applicant is entitled to limit his or her liability; and

  (c)   make such orders as are just with respect to the administration and distribution of that fund.

  (4)   Where a court has jurisdiction under this Act in respect of a proceeding, that jurisdiction extends to entertaining a defence in the proceeding by way of limitation of liability under a law that gives effect to provisions of a Liability Convention.