A member asked over 8 years ago

Security for court costs

If a foreigner wants to start a trial for defamation against an Australian citizen, does anyone know how much the security for costs towards covering court expenses can be? 

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. The answer to your question will depend on several things, including the particular jurisdiction you are in and the complexity of your claim. As such, it is not possible to give you an exact answer.

You are correct in thinking that it is likely that you will have to give security for costs if you initiate litigation. Most courts in Australia require non-citizens and non-residents to give up front security for costs at the beginning of the proceedings. The relevant court in which you initiate proceedings may have specific regulations which determine the amount that this will be. In other courts it may be at the Judge’s discretion. In determining the amount, factors will include the complexity of the case (such as the number of experts or witnesses expected to be called, and the complexity of the relevant law) as well as the amount that is being claimed in damages. Because of this, it is not likely that any two security for costs orders will be the same.

Also, it is important to consider which Court you are choosing to initiate your action in. Each state and territory in Australia has a Court hierarchy with several Courts. Each Court within this hierarchy has its own specific legislation which regulates the conduct and obligations of parties to litigation, as well as court procedure. Within NSW there are several courts in which you might choose to have your matter heard, each with different procedures.

Suggested way forward

Because of this, we recommend that you speak to a lawyer who has experience in both the Court in which you seek to bring your action, and in defamation actions as well. By pressing the “Take Action” button – which will become available soon – LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer


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