Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 1902

    (1)     In deciding whether to make an order for security for costs under rule 1900, the court may have regard to any of the following matters:

        (a)     the means of the people standing behind the proceeding;

        (b)     the prospects of success or merits of the proceeding;

        (c)     the genuineness of the proceeding;

        (d)     for rule 1901 (a)—the corporation's lack of financial resources;

        (e)     whether the plaintiff's lack of financial resources is attributable to the defendant's conduct;

        (f)     whether the plaintiff is effectively in the position of a defendant;

        (g)     whether an order for security for costs would be oppressive;

        (h)     whether an order for security for costs would stop or limit the progress of the proceeding;

              (i)     whether the proceeding involves a matter of public importance;

        (j)     whether there has been an admission or payment into court;

        (k)     whether delay by the plaintiff in starting the proceeding has unfairly prejudiced the defendant;

        (l)     whether an order for costs made against the plaintiff would be enforceable within the jurisdiction;

        (m)     the estimated costs of the proceeding.

    (2)     This rule does not limit the matters to which the court may have regard.