Application procedure

“2. (1) A defendant in a proceeding may apply for an order that the plaintiff provide security for costs.

“(2) An application shall be by motion—

        (a)     on notice; and

        (b)     supported by an affidavit stating the material facts and the grounds on which the order is sought.

Circumstances in which order may be made

“3. (1) The Court may order a plaintiff in a proceeding to give security for the costs of a defendant who has applied for the order if it appears to the Court that—

        (a)     the plaintiff is ordinarily resident outside Australia;

        (b)     for the purpose of avoiding obligations that could arise from the proceeding, the plaintiff's address is not stated, or is mis-stated, in the originating process;

        (c)     for the purpose of avoiding obligations that could arise from the proceeding, the plaintiff has changed address after instituting the proceeding;

        (d)     the plaintiff—

              (i)     has made the claim on behalf of a person other than the plaintiff; and

              (ii)     will not be able to pay the defendant's costs if ordered to do so; or

        (e)     the interests of justice so require.

“(2) An order under subrule (1) may be made in respect of the defendant's costs in, and incidental to, the proceeding.

Value and mode of security

“4. A security ordered under this Order shall be given—

        (a)     in such amount;

        (b)     in such manner;

        (c)     at such time; and

        (d)     in such terms (if any);

as the Court directs.”.

Authority of Master