Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 19.05

Application for security for costs

             (1)  A respondent may apply for an order that the applicant in the case give security for the respondent's costs.

Note:          Chapter 5 sets out the procedure for making an application for interim, procedural, ancillary or other incidental orders.

             (2)  In deciding whether to make an order, the court may consider any of the following matters:

                     (a)  the applicant's financial means;

                     (b)  the prospects of success or merits of the application;

                     (c)  the genuineness of the application;

                     (d)  whether the applicant's lack of financial means was caused by the respondent's conduct;

                     (e)  whether an order for security for costs would be oppressive or would stifle the case;

                      (f)  whether the case involves a matter of public importance;

                     (g)  whether a party has an order, in the same or another case (including a case in another court), against the other party for costs that remains unpaid;

                     (h)  whether the applicant ordinarily resides outside Australia;

                      (i)  the likely costs of the case;

                      (j)  whether the applicant is a corporation;

                     (k)  whether a party is receiving legal aid.

             (3)  In subrule (1):

"respondent " includes an applicant who has filed a reply because orders in a new cause of action have been sought in the response.



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