Industrial Relations Act 2016

This section applies if, under a provision of this schedule, the commission may award a party’s costs for the proceeding.

On the application of a party (applicant party) to the proceeding against whom a claim is made or an outcome or decision sought in the proceeding, the commission may make an order—

requiring another party to the proceeding to give security for the applicant party’s costs within the period stated in the order; and

staying the proceeding, or the part of the proceeding against the applicant party, until the security is given.

If the security is not given within the period stated in the order, the commission may make an order dismissing the proceeding, or the part of the proceeding against the applicant party.

In deciding whether to make an order under subsection (1), the commission may have regard to any of the following matters—

the financial circumstances of the parties to the proceeding;

the prospects of success or merits of the proceeding or the part of the proceeding against the applicant party;

the genuineness of the proceeding or the part of the proceeding against the applicant party;

anything else the commission considers relevant.