Abstract
In a recent Australian Federal Court decision, Comandate Marine v Pan Shipping (2006) it was observed that the theoretical foundations of the action in rem in Australia were not to be aligned with either one of two opposing conceptual approaches. This paper concludes that retaining such a measure of conceptual flexibility in the conceptualisation of the action in rem avoids many of the problems and complexities that may arise if conceptual dogma, unfounded on any reasonable grounds, is allowed to obstruct commercial expediency.
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