Power to require security for costs etc
39 Power to require security for costs etc
The Court may order a party to proceedings before the Court to give security for the payment of costs or to give an undertaking as to the payment of other monetary amounts that may be awarded against the party.
The security referred to in subsection (1) will be of such amount, and given at such time and in such manner and form, as the Court directs.
The Court may reduce or increase the amount of security ordered under subsection (1) to be given and may vary the time at which, or the manner or form in which, the security is to be given.
If security, or further security, or an undertaking, is not given in accordance with an order under this section, the Court may order that the proceedings be dismissed, or that judgment (with costs) be given against the party.
The provisions of this section relating to security, or the giving of an undertaking, do not affect the operation of any provision made by or under a relevant Act or by the rules for or in relation to the furnishing of security, or the giving of an undertaking.
A commissioner may not make an order under this section except with the concurrence of a Judge.
This section does not apply to proceedings in respect of an offence.
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