CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.6 - PROCEEDINGS  

SECTION 1335   COSTS  

1335(1)   [ Security given by corporation]  

Where a corporation is plaintiff in any action or other legal proceeding, the court having jurisdiction in the matter may, if it appears by credible testimony that there is reason to believe that the corporation will be unable to pay the costs of the defendant if successful in his, her or its defence, require sufficient security to be given for those costs and stay all proceedings until the security is given.

1335(1A)   [ Aboriginal and Torres Strait Islander corporation]  

Subsection (1) does not apply to a corporation that is an Aboriginal and Torres Strait Islander corporation.

Note: Similar provision is made in relation to Aboriginal and Torres Strait Islander corporations under section 581-20 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 .

1335(2)   [ Discretion as to costs]  

The costs of any proceeding before a court under this Act are to be borne by such party to the proceeding as the court, in its discretion, directs.


 

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