Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 21.01

Security for costs

             (1)  On application by a respondent, the Court may order the applicant to give the security that the Court considers appropriate for the respondent's costs of the proceeding.

             (2)  For this rule:

"respondent" includes an applicant if a cross-claim is made or the response to the application seeks orders in relation to matters not covered by the applicant.

             (3)  An application must be made in accordance with the approved form and supported by an affidavit setting out the facts relied on.

Note:          For the power of the Court to order an applicant in a proceeding to give security for the payment of costs and for other matters relating to security for costs: see section 80 of the Act in relation to proceedings other than family law or child support proceedings and section 117 of the Family Law Act for family law and child support proceedings.



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