Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 54

Security for costs

             (1)  If the tribunal has power, under a law of the place of issue, to make an order for costs in the proceeding, the tribunal may, on application by the person served, order that:

                     (a)  the party by whom or on whose behalf the process was served give such security as the tribunal specifies for the first‑mentioned person's costs of and incidental to the proceeding; and

                     (b)  the proceeding be stayed until the security is given.

             (2)  If the tribunal's power to make an order for costs in a proceeding is limited as to amount, an order under paragraph (1)(a) that requires security to be given in excess of that amount is ineffective to the extent of the excess.

             (3)  Subsection (1) does not limit the tribunal's power to make an order requiring security for costs.



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