The Bodycorp framework (prospects of success, risk of non-satisfaction, oppressiveness, impecuniosity causation, public interest) governs security for costs applications in the Victorian Court of Appeal. Low prospects of success on appeal from a discretionary family provision order, combined with conceded impecuniosity, will ordinarily warrant an order for security. The concept of 'moral duty' under the Administration and Probate Act 1958 (Vic) concerns the community's expectation of material support and does not impugn the testator's character.
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