SCR o 62 – Security for Costs

Question 1

62.02 When security for costs may be ordered

Answer 1

Where the PLAINTIFF is:

• is ordinarily resident out of Victoria;
• is a CORPORATION, OR sues for the benefit of some other person, AND there is reason to believe that the plaintiff has INSUFFICIENT ASSETS in Victoria to pay the costs of the defendant if ordered to do so;
• a proceeding by the plaintiff in another court for the SAME CLAIM is PENDING;
• the ADDRESS of the plaintiff is not stated or is not stated correctly in the plaintiff’s originating process (except where an error is made innocently);
• the plaintiff has changed the plaintiff’s address after the commencement of the proceeding in order to avoid the consequences of the proceeding; OR
• under any Act the Court may require security for costs—

the Court may, on the APPLICATION OF A DEFENDANT, order that the P give security for the costs of the D of the proceeding and that the proceeding as against that D be STAYED UNTIL SECURITY BE GIVEN.

Question 2

62.03 Manner of giving security

Answer 2

Where order is made, security shall be given in the manner and at the time the Court directs.

Question 3

62.04 Failure to give security

Answer 3

Where a plaintiff fails to give security as ordered, Court may DISMISS the plaintiff’s claim.