Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 21.01

Security for costs
(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.



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