Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 5707

Review orders—security for costs

    (1)     This rule applies if the Supreme Court makes a review order under the

title="A1930-21">Magistrates Court Act 1930

, section 219C (2) (Grant of order nisi to review).

    (2)     The Supreme Court may order that the person on whose application the review order is made give the security it considers appropriate for the costs of the proceeding.

    (3)     The security must be given not later than the time stated in the order or not later than any further time allowed by the Supreme Court.

Note     Pt 6.2 (Applications in proceedings) applies to an application for further time.

    (4)     If the security is not given under the order, the Supreme Court may, on application by the person called on to show cause by the review order, revoke the review order.

    (5)     Rule 1903 (Security for costs—way security given) and rule 1906 (Security for costs—finalising security) apply to security ordered to be given under this rule as if—

        (a)     the applicant for the review order were the plaintiff; and

        (b)     the person called on to show cause by the review order were the defendant; and

        (c)     any other necessary changes were made.

    (6)     If the security is given by bond, and the appellant is ordered to pay the costs of the proceeding to the respondent, the registrar must assign the bond to the respondent so the respondent may enforce it.



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