CTHRepealedLegislation
Fair Work Commission Rules 2013
55Order for security for payment of unfair dismissal matter costs
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#### 55 Order for security for payment of unfair dismissal matter costs
(1) A respondent or applicant in a matter before the Commission arising under Part 3‑2 of the Act (unfair dismissal) may apply to the Commission for an order that a person provide security for the payment of costs in respect of the matter or part of the matter.
> Note 1: The application must be in the approved form—see subrule 8(2).
> Note 2: The Commission will not ordinarily make such an order before the conclusion of conciliation.
(2) The person to whom an order made under subrule (1) applies must pay the amount of security at the time, and in the manner and form, required by the order.
(3) If the Commission orders that security for the payment of costs be given in respect of a matter or part of a matter arising under Part 3‑2 of the Act, a respondent or applicant in the matter may apply to the Commission to:
(a) reduce or increase the amount of security to be provided; or
(b) vary the time at which, or manner or form in which, the security is to be provided.
(4) Without limiting any other power which the Commission may exercise, if the Commission directs a person to provide security for costs in relation to a matter or part of a matter arising under Part 3‑2 of the Act, the Commission may order that the matter be:
(a) adjourned until security is provided; or
(b) adjourned indefinitely.