PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981 - SECT 10 Applications to determine limit of liability

PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981 - SECT 10

  (1)   Where a claim for compensation under the applied provisions of the Convention is made in the Supreme Court of a State or Territory against, or is apprehended by, the owner of a ship, or the insurer or other person providing financial security for the liability of the owner of a ship for pollution damage, the owner, the insurer or that other person, as the case may be, may apply:

  (a)   in a case where a claim for compensation under the applied provisions of the Convention has been made in the Supreme Court of a State or Territory--to that Court; or

  (b)   in any other case--to the Supreme Court of any State or the Supreme Court of any Territory having jurisdiction under this subsection;

to determine whether he or she may limit his or her liability under the applied provisions of the Convention and, if so, the limit of that liability.

  (2)   Where the Supreme Court of a State or Territory determines that a person may limit his or her liability under the applied provisions of the Convention, the Court may make such orders as it thinks fit with respect to the apportionment and distribution, in accordance with those provisions, of a fund for the payment of claims under those provisions.

  (3)   The Supreme Courts of the States are invested with federal jurisdiction, and, jurisdiction, to the extent that the Constitution permits, is conferred on the Supreme Courts of the Territories, to hear and determine proceedings under this section.