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Security for costs and associated costs orders
Reference received: 8 December 2009
Report
Report 137: Security for Costs and Associated Orders (PDF, 869.4 KB)[PDF, 876Kb], December 2012
Tabled in parliament: 26 March 2013
Judicial citation: Caringbah Business & Sports Club Ltd v Caringbah Investments Pty Ltd [2014] NSWSC 548 [18]
Consultation paper
Consultation Paper 13: Security for costs and associated costs orders (PDF, 786.0 KB) [PDF, 783Kb], May 2011
Submissions
Terms of Reference
The Attorney General, the Hon John Hatzistergos, issued the following terms of reference (received on 8 December 2009):
i) pursuant to section 10 of the Law Reform Commission Act 1967 (NSW), the Law Reform Commission is to inquire into and report on whether the law and practice relating to security for costs and to associated orders, such as protective costs orders and public interest orders, strikes an appropriate balance between protecting a plaintiff's right to pursue a legitimate claim regardless of their means against ensuring that a defendant is not unduly exposed to the costs of defending that litigation. In undertaking this review, the Commission is to consider in particular whether or not the law and practice:
a) is consistent with modern notions of access to justice;
b) adequately takes into account the strength of the plaintiff's case and whether the litigation is in the public interest;
c) applies satisfactorily in the case of incorporated plaintiffs, impecunious plaintiffs, self-represented litigants, and plaintiffs who are supported by legal aid;
d) operates appropriately where solicitors are acting on a speculative fee; where parties are funded by third parties; in representative proceedings; and in cross-border litigation;
e) contains adequate procedures for making and determining applications for relevant orders - for example, in respect of timing, and in respect to their expeditious and efficient disposition; and
f) requires any modifications in respect of appeals; and
ii) the Commission is also to consider whether the Uniform Civil Procedure Rules 2005 in relation to Security for Costs and associated orders are adequate, and any related issue.
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