A court may order a cross-claimant to provide security for costs under s 56 of the Federal Court of Australia Act 1976 (Cth) where the evidence permits an inference that the cross-claimant has access to substantial funds through family and trust arrangements notwithstanding modest disclosed personal income, and a separate trial of the publication issue in a defamation cross-claim will be refused where the issue is intertwined with other issues in the proceeding including qualified privilege defences.
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