Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 36.09

Security for costs of appeal

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

                     (a)  the appellant give security for the costs of the appeal, and for the manner, time and terms for giving the security; and

                     (b)  the appeal be stayed until security is given; and

                     (c)  if the appellant fails to comply with the order to provide security within the time specified in the order--the appeal be stayed or dismissed.

             (2)  An application under subrule (1) must be accompanied by an affidavit stating the facts in support of the application.

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



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