Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY LAW RULES 20042003 No. 375 - RULE 19.05

Application for security for costs
(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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback