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.