Victorian Numbered Regulations

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When security for costs may be ordered

    (1)     Where—

        (a)     the plaintiff is ordinarily resident out of Victoria;

        (b)     the plaintiff is a corporation or (not being a plaintiff who sues in a representative capacity) sues, not for the plaintiff's own benefit, but for the benefit of some other person, and there is reason to believe that the plaintiff has insufficient assets in Victoria to pay the costs of the defendant if ordered to do so;

        (c)     a proceeding by the plaintiff in another court for the same claim is pending;

        (d)     subject to paragraph (2), the address of the plaintiff is not stated or is not stated correctly in the plaintiff's originating process;

        (e)     the plaintiff has changed the plaintiff's address after the commencement of the proceeding in order to avoid the consequences of the proceeding;

        (f)     under any Act the Court may require security for costs

the Court may, on the application of a defendant, order that the plaintiff give security for the costs of the defendant of the proceeding and that the proceeding as against that defendant be stayed until the security is given.

    (2)     The Court shall not require a plaintiff to give security by reason only of paragraph (1)(d) if in failing to state the plaintiff's address or to state the plaintiff's correct address the plaintiff acted innocently and without intention to deceive.

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