- (1)
- A respondent may apply for an order that the applicant in the case give
security for the respondent's costs.
Note
Chapter 5 sets out the procedure
for making an application in a case.
- (2)
- 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.
- (3)
- 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.