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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 - SECT 215

Security for costs

  (1)   This section does not apply to family law or child support proceedings.

Note:   See section   117 of the Family Law Act 1975 in relation to family law or child support proceedings.

  (2)   The Federal Circuit and Family Court of Australia (Division   2) or a Judge may order an applicant in a proceeding in the Court to give security for the payment of costs that may be awarded against the applicant.

  (3)   The security is to be of such amount, and given at such time and in such manner and form, as the Federal Circuit and Family Court of Australia (Division   2) or Judge directs.

  (4)   The Federal Circuit and Family Court of Australia (Division   2) or a Judge may:

  (a)   reduce or increase the amount of security ordered to be given; and

  (b)   vary the time at which, or manner or form in which, the security is to be given.

  (5)   If security, or further security, is not given in accordance with an order under this section, the Federal Circuit and Family Court of Australia (Division   2) or a Judge may order that the proceeding be:

  (a)   dismissed; or

  (b)   stayed until security or further security is given in accordance with the first - mentioned order.

  (6)   This section does not affect the operation of any provision made by or under any other Act or by the Rules of Court for or in relation to the giving of security.



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