sec.942Court powers

### sec.942 Court powers The court must order that the defendant be released from custody unless it is satisfied that failure to detain the defendant would materially prejudice the plaintiff in prosecuting the proceeding or enforcing any judgment that may be given. If the court is satisfied that failure to detain the defendant would materially prejudice the plaintiff in prosecuting the proceeding or enforcing any judgment that may be given, the court may— order that the defendant be released unconditionally from custody; or order that the defendant be released from custody subject to 1 or more of the following conditions— that the defendant undertake, in a form approved by the court, not to leave Australia until an amount specified by the court is paid to the plaintiff, or into court, as the court directs; that the defendant give security, either with or without surety, for the payment of an amount specified by the court; that the defendant pay a specified amount to the plaintiff; that the defendant pay a specified amount into court to await further consideration by the court; or order that the defendant be detained in custody for the period the court considers appropriate or until the defendant complies with any condition specified by the court. If the court makes an order under subrule (2) , it may expedite the trial of the proceeding under rule 468 and give any direction it considers appropriate for the conduct of the proceeding. (sec.942-ssec.1) The court must order that the defendant be released from custody unless it is satisfied that failure to detain the defendant would materially prejudice the plaintiff in prosecuting the proceeding or enforcing any judgment that may be given. (sec.942-ssec.2) If the court is satisfied that failure to detain the defendant would materially prejudice the plaintiff in prosecuting the proceeding or enforcing any judgment that may be given, the court may— order that the defendant be released unconditionally from custody; or order that the defendant be released from custody subject to 1 or more of the following conditions— that the defendant undertake, in a form approved by the court, not to leave Australia until an amount specified by the court is paid to the plaintiff, or into court, as the court directs; that the defendant give security, either with or without surety, for the payment of an amount specified by the court; that the defendant pay a specified amount to the plaintiff; that the defendant pay a specified amount into court to await further consideration by the court; or order that the defendant be detained in custody for the period the court considers appropriate or until the defendant complies with any condition specified by the court. (sec.942-ssec.3) If the court makes an order under subrule (2) , it may expedite the trial of the proceeding under rule 468 and give any direction it considers appropriate for the conduct of the proceeding. - (a) order that the defendant be released unconditionally from custody; or - (b) order that the defendant be released from custody subject to 1 or more of the following conditions— (i) that the defendant undertake, in a form approved by the court, not to leave Australia until an amount specified by the court is paid to the plaintiff, or into court, as the court directs; (ii) that the defendant give security, either with or without surety, for the payment of an amount specified by the court; (iii) that the defendant pay a specified amount to the plaintiff; (iv) that the defendant pay a specified amount into court to await further consideration by the court; or - (i) that the defendant undertake, in a form approved by the court, not to leave Australia until an amount specified by the court is paid to the plaintiff, or into court, as the court directs; - (ii) that the defendant give security, either with or without surety, for the payment of an amount specified by the court; - (iii) that the defendant pay a specified amount to the plaintiff; - (iv) that the defendant pay a specified amount into court to await further consideration by the court; or - (c) order that the defendant be detained in custody for the period the court considers appropriate or until the defendant complies with any condition specified by the court. - (i) that the defendant undertake, in a form approved by the court, not to leave Australia until an amount specified by the court is paid to the plaintiff, or into court, as the court directs; - (ii) that the defendant give security, either with or without surety, for the payment of an amount specified by the court; - (iii) that the defendant pay a specified amount to the plaintiff; - (iv) that the defendant pay a specified amount into court to await further consideration by the court; or