39Security for the payment of costs

39 Security for the payment of costs

(1) The Commission may, on application, order a party who made an application under section 643 of the Act, or who began proceedings relating to an application under section 643 of the Act, to give security for the payment of costs that may be awarded against him or her.

Note The Commission will not ordinarily make such an order before the conclusion of conciliation proceedings.

(2) An application to give security for the payment of costs must be made in accordance with Form R35.

(3) The security must be of such amount, and given at such time and in such manner and form, as the Commission directs.

(4) The Commission may reduce or increase the amount of security ordered to be given and may vary the time at which, or manner or form in which, the security is to be given.

(5) Without prejudice to other powers the Commission may exercise, if the Commission orders a party to provide security for costs, it may order that the application under section 643 of the Act or the proceedings begun in relation to the application under section 643, as the case may be, be adjourned until security is provided or adjourned indefinitely.

(6) The powers of the Commission under this rule may not be exercised by a member who has dealt, or is dealing, with the application under section 643 of the Act or proceedings relating to the application under section 643, unless directed by:

(a) the President; or

(b) another Presidential Member nominated, in writing, by the President.

Note For examples of proceedings under section 643 of the Act, see subsection 658 (10) of the Act.