A protective costs order under s 65C of the Civil Procedure Act 2010 (Vic) will not be granted where the proposed appeal has low prospects of success, does not raise significant issues of statutory interpretation, and the public interest element is limited, even where the applicant is impecunious and self-represented. An appellant's impecuniosity is a factor that can support an order for security for costs on appeal, unlike at trial. The renunciation maxim — that a person may renounce a right introduced entirely in their favour — may apply to statutory access rights under the Health Records Act 2001 (Vic), such that a request for access to health information can be withdrawn.
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