Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p7
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 7/53)
Character Range: 375387–378080

by subsection 70PB(4) of the Family Law Act.

11.83  Application for release or setting aside warrant
  A person arrested in accordance with a warrant may apply:
 (a) for the warrant to be set aside; or
 (b) to be released from custody.

Chapter 12—Costs

Part 12.1—Introduction

12.01  Application of Chapter 12
 (1) Subject to subrule (3), this Chapter:
 (a) applies to costs for work done for a proceeding, or in complying with pre‑action procedures, in relation to a fresh application, paid or payable by one party to another; and
 (b) creates a duty for lawyers to give information about costs to their clients; and
 (c) provides for court management of the costs incurred by the parties in relation to a proceeding.
Note: For fresh application, see rule 1.05.
 (2) A party may only recover costs from another party in accordance with these Rules or an order.
Note: A self‑represented party is not entitled to recover costs for work done for a proceeding (other than work done by a lawyer) but, if so ordered, may be entitled to recover some payments.
 (3) This Chapter does not apply to costs in any part of a proceeding in which a Family Court is exercising its jurisdiction under section 35, 35A or 35B of the Bankruptcy Act.

Part 12.2—Security for costs

12.02  Application for security for costs
 (1) A respondent may apply for an order that the applicant in the proceeding give security for the respondent's costs.
 (2) In deciding whether to make an order, the court may consider any of the following matters:
 (a) the applicant's financial means;
 (b) the prospects of success or merits of the application;
 (c) the genuineness of the application;
 (d) whether the applicant's lack of financial means was caused by the respondent's conduct;
 (e) whether an order for security for costs would be oppressive or would stifle the proceeding;
 (f) whether the proceeding involves a matter of public importance;
 (g) whether a party has an order, in the same or another proceeding (including a proceeding in another court), against the other party for costs that remain unpaid;
 (h) whether the applicant ordinarily resides outside Australia;
 (i) the likely costs of the proceeding;
 (j) whether the applicant is a corporation;
 (k) whether a party is receiving legal aid;
 (l) any other relevant matter.
 (3) In subrule (1):
respondent includes an applicant who has filed a reply because orders in a new cause of action were sought in the response.

12.03  Order for security for costs
  If the court orders a party to give security for costs, the court may also order that, if the security is not given in accordance with the order, the application or response of the party