For accessorial liability under s 75B of the Trade Practices Act 1974 (Cth), the pleading must allege both that the accessory knew the primary conduct was misleading or deceptive and that at least some of the accessory's participatory conduct occurred in Australia. Knowledge may be pleaded by inference from material facts (such as the accessory giving instructions for the representations while simultaneously directing competing conduct). The power under UCPR r 42.7(2) to order costs payable forthwith may be exercised by any judge, not only the judge who made the original costs order.
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