Commonwealth Consolidated Regulations

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Application for an order for security for costs

             (1)  A respondent may apply to the Court for an order:

                     (a)  that an applicant give security for costs and for the manner, time and terms for the giving of the security; and

                     (b)  that the applicant's proceeding be stayed until security is given; and

                     (c)  that if the applicant fails to comply with the order to provide security within the time specified in the order, the proceeding be stayed or dismissed.

             (2)  An application under subrule (1) must be accompanied by an affidavit stating the facts on which the order for security for costs is sought.

             (3)  The respondent's affidavit should state the following:

                     (a)  whether there is reason to believe that the applicant will be unable to pay the respondent's costs if so ordered;

                     (b)  whether the applicant is ordinarily resident outside Australia;

                     (c)  whether the applicant is suing for someone else's benefit;

                     (d)  whether the applicant is impecunious;

                     (e)  any other relevant matter.

Note:          Section 56 of the Act deals with security for costs.

             (4)  In this rule:

"applicant" includes a cross-claimant.

"respondent" includes a cross-respondent.

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