- (1)
- On application by a respondent, the Court may order the applicant to give
the security that the Court considers appropriate for the respondent's costs
of the proceeding.
- (2)
- For this rule:
"respondent" includes an applicant if a cross-claim is made or the response to
the application seeks orders in relation to matters not covered by the
applicant.
- (3)
- An application must be made in accordance with the form of application set
out in Part 1 of Schedule 2 and supported by an affidavit setting out the
facts relied on.
Note
For the power of the Court to order an applicant in a
proceeding to give security for the payment of costs and for other matters
relating to security for costs: see section 80 of the Act in relation to
proceedings other than family law proceedings and section 117 of the
Family Law Act for family law proceedings.