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Fair Work Commission Rules 2024
67Order for security for payment of unfair dismissal matter costs
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67 Order for security for payment of unfair dismissal matter costs
(1) A respondent or applicant in a matter before the FWC arising under Part 3‑2 (unfair dismissal) of the Act may apply to the FWC for an order that a person provide security for the payment of costs in respect of the matter or part of the matter.
Note 2: This rule is made for the purposes of section 404 of the Act.
Note 3: The FWC will not ordinarily make such an order before the conclusion of conciliation.
(2) If an order is made, the person to whom the order applies must pay the amount of security at the time, and in the manner and form, required by the order.
(3) If the FWC 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 FWC 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 that the FWC may exercise, if the FWC 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 FWC may order that the matter be:
(a) adjourned until security is provided; or
(b) adjourned indefinitely.
Division 3—Unlawful termination