Queensland Consolidated Acts

COMMERCIAL AND CONSUMER TRIBUNAL ACT 2003 - SECT 67

(1) On the application of a party against whom a claim is made or an outcome or order sought in a proceeding, the tribunal may order--

(a) that another party give security for the costs of the party applying for security within the time stated in the order; and

(b) that the proceeding as against the party applying for security be stayed until the security is given.

(2) An application under subsection (1) may be made at any time before the proceeding ends.

(3) If security for costs is not given within the time stated in the order, the tribunal may make an order dismissing the proceeding as against the party applying for security.

(4) In deciding whether to make an order, the tribunal may have regard to any of the following matters--

(a) the means of the parties to the proceeding;

(b) the prospects of success or merits of the proceeding;

(c) the genuineness of the proceeding;

(d) if the party against whom an order for costs is sought suffers from a lack of means, whether this is attributable to the conduct of the applicant for the order;

(e) whether an order for security for costs would be oppressive;

(f) whether an order for security for costs would stifle the proceeding;

(g) whether delay by a party in starting the proceeding has prejudiced another party;

(h) the costs of the proceeding;

(i) anything else the tribunal considers relevant.