Commonwealth Numbered Acts

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 9

9. (1) Where a claim is made, or is expected to be made, against a person in
respect of any liability of the person that may be limited under the applied
provisions, the person may apply:

   (a)  where a claim has been made against the person in proceedings 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 Territory; to
        determine the limit of that liability under the applied provisions,
        and the Court may determine that limit.

(2) In making the determination, the Court may make any order with respect to
the constitution, administration and distribution, in accordance with the
applied provisions, of a limitation fund in respect of claims subject to the
limitation.

(3) The Court may, at any stage of the proceedings, upon application or of its
own motion, by order, transfer the proceedings to another Supreme Court.

(4) Where proceedings are transferred from a Court to another Court:

   (a)  all documents filed of record, and moneys lodged, in the
        first-mentioned Court shall be transmitted to the other Court; and

   (b)  the other Court shall proceed as if the proceedings had been
        instituted and pursued in that Court.

(5) This section does not exclude or limit the operation of section 25 of the
Admiralty Act 1988.