Section 91 of the Evidence Act 2011 (ACT) does not apply to applications for personal costs orders against practitioners under r 1753 of the Court Procedure Rules 2006 (ACT), because such applications are part of the original proceedings, not separate proceedings. A court hearing a personal costs order application may rely on findings made in earlier judgments by a different judge without requiring all the underlying evidence to be re-tendered; the practitioner is entitled to lead evidence to counter those findings but bears no obligation to do so. The party seeking to discharge a security for costs order on the basis of net indebtedness bears the onus of proving that net indebtedness.
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