Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A respondent may apply for an order that the applicant in the proceeding give security for the respondent's costs.
(2) In deciding whether to make an order, the court may consider any of the following matters:
(a) the applicant's financial means;
(b) the prospects of success or merits of the application;
(c) the genuineness of the application;
(d) whether the applicant's lack of financial means was caused by the respondent's conduct;
(e) whether an order for security for costs would be oppressive or would stifle the proceeding;
(f) whether the proceeding involves a matter of public importance;
(g) whether a party has an order, in the same or another proceeding (including a proceeding in another court), against the other party for costs that remain unpaid;
(h) whether the applicant ordinarily resides outside Australia;
(i) the likely costs of the proceeding;
(j) whether the applicant is a corporation;
(k) whether a party is receiving legal aid;
(l) any other relevant matter.
(3) In subrule (1):
"respondent " includes an applicant who has filed a reply because orders in a new cause of action were sought in the response.