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ARTICLE · 17 SEPTEMBER 2019

Security for costs and non-resident plaintiffs

Article describes Security for Costs (SFC), when you are entitled to SFC & how to obtain SFC eg against not resident plaintiffs.

AustraliaLitigation, Mediation & Arbitration

What is security for costs?

It is a fact of life that plaintiffs and defendants in legal proceedings represented by lawyers will incur costs, which in some cases can be substantial.

Generally, the unsuccessful party in those proceedings is ordered to pay the costs of the successful party. Those costs are usually either agreed between the parties to the proceedings or assessed by a Court appointed costs assessor.

If you have been sued by someone (the plaintiff), and you are concerned that the plaintiff will not be able to pay your costs if you are successful in the proceedings, you can in some circumstances ask the court to order the plaintiff to provide security for your costs of the proceedings.

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For further information please contact:

Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: [email protected]

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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