The test for setting aside or varying a security for costs order under r 1905 of the Court Procedures Rules 2006 (ACT) is whether there has been a material change in circumstances — new information which, if available at the time of the original hearing, would have led to a different order. No formal application in proceeding is required to raise a question of compliance with a security for costs order. A decision to dismiss proceedings under r 1904 for non-compliance must be made judicially and consistently with the overarching purpose of civil litigation under s 5A of the Court Procedures Act 2004 (ACT). Reagitating issues previously determined by the court without seeking leave to appeal from the earlier decision may justify indemnity costs.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.