In the ACT, the default position is that no security for costs is payable on appeal, and the applicant must make out a satisfactory case. Impecuniosity, while a very significant factor, is not decisive; the test requires that the appellant be reasonably able to pay costs in a reasonable time, assessed by reference to both assets and income. The prospects of success on appeal should not be considered extensively but the appellant must establish an arguable ground. A beneficiary may sue in their own name where the executor refuses to act, and this extends to common law claims in a Judicature Act system.
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