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Lloyd's Maritime Law Newsletter

Viva Energy Australia Pty Ltd v MT AG Neptune (No 2) - [2022] FCA 533, Federal Court of Australia (Justice Stewart), 10 May 2022

Admiralty - Arrest - Ship ordered to sail under arrest to Gladstone - Application to amend orders - Vessel unable to safely reach Gladstone via route within the territorial sea - Marshal's custody of the vessel - Owners' undertaking that no point about the validity of the arrest would be taken - Admiralty Act 1988 (Cth), section 22

In Viva Energy Australia Pty Ltd v MT AG Neptune [2022] FCA 522 Stewart J had made orders permitting the arrested vessel to proceed to Gladstone, Queensland provided that the vessel remained at all times within the territorial sea of Australia so that she did not go outside the jurisdiction of the court.

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