(GENFED-ADMIRALTY)
1. Purpose
1.1 The purpose of this Practice Direction is to set out the practice and procedure of the Federal Circuit and Family Court of Australia (Division 2) (Court) for the case management of all proceedings brought under the Admiralty Act 1988 (Cth) (admiralty and maritime proceedings) in the Court.
1.2 The overarching purpose of the Court’s civil practice and procedure is the just resolution of disputes according to law as quickly, inexpensively and efficiently as possible.1 Parties have a duty to act consistently with the overarching purpose, and practitioners must assist parties to comply with the duty.
2. Scope
2.1 This Practice Direction applies nationally from 1 September 2025 to all admiralty and maritime proceedings in the Court. This Practice Direction will also apply to all such proceedings commenced before 1 September 2025, unless the Court considers it would be unfair or impractical to do so.
2.2 This Practice Direction is to be read together with:
- the Federal Circuit and Family Court of Australia Act 2021 (Cth) (the Act);
- the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (General Federal Law Rules);
- the Admiralty Act 1988 (Cth) (Admiralty Act); and
- the Admiralty Rules 1988 (Admiralty Rules).
2.3 The General Federal Law Rules apply to the extent that they are not inconsistent with the Admiralty Rules.
2.4 Where the General Federal Law Rules are insufficient or inappropriate, the Court may apply the Federal Court Rules 2011.
3. Starting a proceeding
3.1 In admiralty and maritime proceedings, an applicant wishing to start a proceeding must file:
- an Originating Application—General federal law; and
- either an affidavit or statement of claim.
3.2 The nature of the proceeding and the likely issues for resolution should be made clear as early as possible by the Applicant in the Originating Application and accompanying document.
4. Case management
First court date
4.1 The first court date is usually approximately 4 weeks from the date of filing. The case is listed before a Judge. The Judge expects parties on that occasion to identify the likely issues and to propose appropriate timetables for pleadings, affidavit evidence, submissions, list of objections and chronology and the fixing of the matter for a further directions date. At the further directions date, a hearing date will be allocated before a Judge.
4.2 The Court is likely to grant leave to interstate practitioners to appear by electronic means on the first court date if a request has been forwarded to chambers. Such a request should include an appropriate telephone number or email address and the name of the practitioner with the conduct of the matter.
4.3 In collision matters, the Court expects the parties to comply with the Admiralty Rules in respect of filing preliminary acts.
4.4 If the amount in dispute is not significant or the issues are of narrow compass, the Court may dispense with pleadings and order an agreed statement of facts and issues. The Court can determine the matter on the papers where the parties so agree.
Expeditious determination
4.5 As far as practicable, admiralty and maritime matters are case managed for expeditious hearing within 6 months by a Judge.
4.6 The Court appreciates that there are some proceedings that are filed to preserve time in carriage of goods by sea cases and in collision cases against in personam parties. The Court is aware that issues of enforcement may arise in relation to foreign parties with no assets within the jurisdiction and where no security or inadequate security has been provided. Ordinarily, if not potentially dispositive, the matter will be transferred if there are enforcement issues.
4.7 There may be circumstances in which it is appropriate for there to be determination of separate questions. Appeal issues may arise from the determination of the separate questions. The appropriate course will depend on the nature of the issues and enforcement issue in the particular case.
5. Interlocutory applications
5.1 A party seeking an interlocutory order must file, via eLodgment unless otherwise permitted by the General Federal Law Rules, an Interlocutory application together with an accompanying affidavit.
5.2 All admiralty and maritime matters are subject to liberty to apply on 2 days’ notice, and the parties and their lawyers must co-operate in the efficient, expeditious and cost-effective objectives of the Court in accordance with sections 190 to 192 of the Act.
5.3 Multiple or unnecessary interlocutory applications will be actively discouraged by appropriate costs orders.
5.4 With consent of the parties, the Court may order that a particular issue be determined on the papers without oral hearing.
5.5 The Court may make appropriate procedural orders in chambers.
6. Trial
6.1 The Court will generally permit electronic evidence for overseas or interstate deponents, at the cost of the parties, with orders made at the directions hearing for the fixing of the trial date or in chambers. Such evidence may be given by audio or video link.
6.2 In consultation with the parties or their legal representatives, the Court may impose time limits concerning each witness, expert evidence, cross examination and oral submissions.
6.3 Without leave, a subpoenaed witness must be the subject of an outline of the proposed evidence, and the Court, in consultation with the parties or their legal representatives, may impose time limits.
7. Costs
7.1 The Court will ordinarily fix costs at the trial. The Court will take into account Calderbank correspondence or compromise offers.
7.2 The parties should be in a position to assist the Court to fix costs by having available in short form any relevant evidence at the trial.
8. Further information
8.1 Parties and practitioners should consult the Court's website for further information about admiralty and maritime proceedings.
Footnotes:
1 Section 190 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) and rule 1.05 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
The Honourable Justice William Alstergren
Chief Judge
Federal Circuit and Family Court of Australia (Division 2)
Re-issued: 1 September 2025
