Pre-commencement costs incurred in reasonable anticipation of litigation can be the subject of a security for costs order under r 62.02 of the SCR and s 1335(1) of the Corporations Act 2001 (Cth), provided the costs satisfy the 'necessary or proper' test in r 63.29. Where a defendant has reasonably engaged interstate solicitors, security may be calculated on the interstate costs scale pursuant to r 63.44. The obligations under the Civil Procedure Act 2010 (Vic) are relevant to the quantum of security ordered.
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