Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 26.15

Stay of proceeding until costs paid

                   An opposing party may apply to the Court for an order that a subsequent proceeding be stayed until the costs are paid if:

                     (a)  a party (the first party ) discontinues a proceeding, whether in relation to the whole, or a part, of a claim for relief; and

                     (b)  the first party therefore becomes liable to pay the costs of an opposing party to the proceeding; and

                     (c)  before paying those costs, the first party starts another proceeding against the opposing party on the basis of the same, or substantially the same, cause of action as the cause of action on which the discontinued proceeding was based.



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