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The Federal Magistrates Court has jurisdiction under ss.9, 27 and 28 of the Admiralty Act 1988 (Cth) and
any matters referred to it by the Federal Court.
The jurisdiction allows the Court to hear
proceedings commenced as actions in personam on:
- a maritime claim, or
- a claim for damage done to a ship.
The Federal Court or a State Courts may remit any in rem matters to the Federal Magistrates Court.
The Court works in conjunction with the Federal
Court. In particular, it is expected the Court will provide an alternative venue for the hearing of smaller cargo claims within the federal system.
The Court's admiralty work will be undertaken by nominated Federal
Magistrates working with skilled Registrars and registry staff in each state to deal with matters in a way best suited to the particular dispute.
Alternative Dispute Resolution
The Court provides the full range of its facilities, including mediation, early
neutral evaluation, arbitration and judicial hearing to bring matters flexibly, cheaply and speedily to resolution.
To facilitate early resolution of claims, the Court expects parties to consider
mediation or early neutral evaluation. The Court may order mediation or refer a matter to arbitration if parties consent.
The Court encourages the use of external mediation and arbitration. |
