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Court Procedures Rules
1901Security for costs—when court may make order
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1901 Security for costs—when court may make order
The court may order a plaintiff to give security for costs under
rule 1900 only if satisfied—
(a) the plaintiff is a corporation and there is reason to believe the
plaintiff will not be able to pay the defendant’s costs if ordered
to pay them; or
(b) the plaintiff is suing for the benefit of someone else, rather than
for the plaintiff’s own benefit, and there is reason to believe the
plaintiff will not be able to pay the defendant’s costs if ordered
to pay them; or
(c) the plaintiff’s address is not stated, or is misstated, in the
originating process, and there is reason to believe that the failure
to state an address, or the misstatement of the address, was made
with intention to deceive; or
Security for costs Division 2.17.8
Rule 1902
(d) the plaintiff has changed address since the start of the
proceeding and there is reason to believe this was done to avoid
the consequences of the proceeding; or
(e) the plaintiff is ordinarily resident outside Australia; or
(f) the plaintiff is, or is about to depart Australia to become,
ordinarily resident outside Australia and there is reason to
believe the plaintiff has insufficient fixed and permanent
property in Australia available for enforcement to pay the
defendant’s costs if ordered to pay them; or
(g) a territory law authorises the order to be made; or
(h) the justice of the case requires the order to be made.