(1) The court must order that the defendant be released
from custody unless it is satisfied that failure to detain the defendant would
materially prejudice the plaintiff in prosecuting the proceeding or enforcing
any judgment that may be given.
(2) If the court is satisfied that failure to
detain the defendant would materially prejudice the plaintiff in prosecuting
the proceeding or enforcing any judgment that may be given, the court may—
(a) order that the defendant be released unconditionally from custody; or
(b)
order that the defendant be released from custody subject to 1 or more of the
following conditions—
(i) that the defendant undertake, in a form approved
by the court, not to leave Australia until an amount specified by the court is
paid to the plaintiff, or into court, as the court directs;
(ii) that the
defendant give security, either with or without surety, for the payment of an
amount specified by the court;
(iii) that the defendant pay a specified
amount to the plaintiff;
(iv) that the defendant pay a specified amount into
court to await further consideration by the court; or
(c) order that the
defendant be detained in custody for the period the court considers
appropriate or until the defendant complies with any condition specified by
the court.
(3) If the court makes an order under subrule (2) , it may
expedite the trial of the proceeding under rule 468and give any direction it
considers appropriate for the conduct of the proceeding.
