Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 54

Security for costs

  (1)   If the tribunal has power, under a law of the place of issue, to make an order for costs in the proceeding, the tribunal may, on application by the person served, order that:

  (a)   the party by whom or on whose behalf the process was served give such security as the tribunal specifies for the first - mentioned person's costs of and incidental to the proceeding; and

  (b)   the proceeding be stayed until the security is given.

  (2)   If the tribunal's power to make an order for costs in a proceeding is limited as to amount, an order under paragraph   ( 1)(a) that requires security to be given in excess of that amount is ineffective to the extent of the excess.

  (3)   Subsection   ( 1) does not limit the tribunal's power to make an order requiring security for costs.



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