Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 733

Division 2.9.4 order—other undertakings and security to perform undertaking

    (1)     The court may require an undertaking from a person approved by the court other than the person applying for the division 2.9.4 order or ancillary order.

    (2)     The court may require a person who gives an undertaking as to damages under rule 732 (Division 2.9.4 order—damages and undertaking as to damages) to make a payment into court or to give other security, including to the registrar's satisfaction, for the performance of the undertaking.

    (3)     In deciding whether to make a requirement under this rule, the court may have regard to any of the matters to which it could have regard in deciding whether to make an order for security for costs and whether it is otherwise reasonable in all the circumstances of the matter to impose the requirement.

Note     See r 1902 (Security for costs—discretionary factors).

Note     An application for a freezing order or an ancillary order may be served on a person who is outside of Australia where such service is authorised by or under div 6.8.9 (Service out of Australia). See, in particular, r 6502 (d).



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