Order 62 - Security for Costs

Question 1

62.01 Definitions

Answer 1

Defendant includes any person against whom claim is made in proceeding, plaintiff includes any1 who brings claim in proceeding.

Question 2

62.02 When security for costs may be ordered
((resident out of vic; corp/otherbenefit+insufficient assets; another court; wrong address; changed address (to avoid); Court may order)

Answer 2

(1) On application by defendant, court may give an order that P give security for the costs of the defendant of the proceeding and that the proceeding is stayed until the security is given. But only where:
● (a) Plaintiff is ordinarily resident out of Victoria
● (b) P’s a corporation or (not being a P who sues in representative capacity) sues not for P’s own benefit, but for some other person and there’s reason to believe that P has insufficient assets in Victoria to pay costs of D if so ordered;
● (c) A proceeding by the plaintiff in another court for the same claim is pending;
● (d) Address for P isn’t stated / isn’t stated correctly in P’s OP ((2) but not if acted innocently and w/o intention to deceive)
● (e) P’s changed address after commencement of proceeding in order to avoid consequences of proceeding; [or]
● (f) Under any Act the Court may order security for costs.

Question 3

62.03 Manner of giving security

Answer 3

Where an order is made requiring the P to give security for costs, security shall be given in manner and at the time the Court directs.

Question 4

62.04 Failure to give security

Answer 4

Where a plaintiff fails to give the security required by an order, the Court may dismiss the plaintiff’s claim.

Question 5

62.05 variation or setting aside

Answer 5

The Court may set aside or vary any order requiring a plaintiff to give security for costs.