Application for security for costs

Current

(1)

A respondent may apply for an order that the applicant in the case give security for the respondent’s costs.

(2)

In subrule (1) —

respondent includes an applicant who has filed a reply because orders in a new cause of action have been sought in the response.

(3)

In deciding whether to make an order, the court may consider any of the following matters —

(a)

the applicant’s financial means;

(b)

the prospects of success or merits of the application;

(c)

the genuineness of the application;

(d)

whether the applicant’s lack of financial means was caused by the respondent’s conduct;

(e)

whether an order for security for costs would be oppressive or would stifle the case;

(f)

whether the case involves a matter of public importance;

(g)

whether a party has an order, in the same or another case (including a case in another court), against the other party for costs that remains unpaid;

(h)

whether the applicant ordinarily resides outside Australia;

(i)

the likely costs of the case;

(j)

whether the applicant is a corporation;

(k)

whether a party is receiving legal aid.

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