The grant of security for costs is a judicial function and a constitutional challenge to the court's power to order security based on the separation of powers doctrine is without merit. In the ACT, where there is no strict separation of powers, the power to order security for costs falls within the court's inherent power to regulate its procedure. Non-compliance with a Registrar's timetable for filing an interlocutory application does not of itself render invalid orders subsequently made on that application, provided no practical unfairness is demonstrated.
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