Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 28.3

3. (1) Where, in any proceeding, it appears to the Court on the application of
a respondent-

   (a)  that an applicant is ordinarily resident outside Australia;

   (b)  that an applicant is suing, not for his own benefit, but for the
        benefit of some other person and there is reason to believe that the
        applicant will be unable to pay the costs of the respondent if ordered
        to do so;

   (c)  subject to sub-rule (2), that the address of an applicant is not
        stated or is mis-stated in his originating process; or

   (d)  that an applicant has changed his address after the commencement of
        the proceeding with a view to avoiding the consequences of the
        proceeding, the Court may order that applicant to give such security
        as the Court thinks fit for the costs of the respondent of and
        incidental to the proceeding.

(2) The Court shall not order an applicant to give security by reason only of
paragraph (1) (c) if it appears to the Court that the failure to state his
address or the mis-statement of his address was made without intention to
deceive.