Court Procedures Rules 2006

The court must, on its own initiative, order that the defendant be released from custody unless satisfied that failure to detain the defendant would materially prejudice the plaintiff in prosecuting the proceeding or enforcing any order that may be made.

If the court is satisfied that failure to detain the defendant would materially prejudice the plaintiff in prosecuting the proceeding or enforcing any order that may be made, the court may, on application by the plaintiff or defendant—

order that the defendant be released unconditionally from custody; or

order that the defendant be released from custody subject to 1 or more of the following conditions:

that the defendant undertake not to leave Australia until an amount stated by the court is paid to the plaintiff, or into court, as the court directs;

that the defendant surrender the defendant’s passport to the registrar;

that the defendant give security, either with or without surety, for the payment of an amount stated by the court;

that the defendant pay a stated amount to the plaintiff;

that the defendant pay a stated amount into court to await further consideration by the court; or

order that the defendant be detained in custody for the period the court considers appropriate or until the defendant complies with any condition stated by the court.

Pt 6.2 (Applications in proceedings) applies to an application for an order or direction under this rule.

If the court makes an order under subrule (2), it may, by order, expedite the trial of the proceeding under rule 1311 (Expedited trial) and give any direction it considers appropriate for the conduct of the proceeding.

The court may make an order, or give a direction, under subrule (3) on application by the plaintiff or defendant or on its own initiative.

Without limiting rule 6016 (Application in proceeding—oral application), an application for an order or direction under this rule may be made orally, unless the court otherwise orders on application by the plaintiff or defendant or on its own initiative.