An applicant for a protective costs order must make full disclosure of their financial position; vague assertions of limited means are insufficient. An applicant who has a private interest in the outcome of the litigation, in addition to any public interest, will face difficulty obtaining a protective costs order. The jurisdiction to make protective costs orders exists under s 15 of the Civil Proceedings Act 2011 (Qld) and r 766 of the UCPR, even absent a specific statutory provision.
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