In Australian Anti Ice Campaign Pty Ltd v Alcohol And Drug Foundation Incorporated [2024] QCA 161, the Queensland Court of Appeal reviewed an appeal by the Australian Anti Ice Campaign (the appellant) against an order requiring it to pay security for costs to the Alcohol and Drug Foundation (the first respondent) in the amount of $110,000. The primary judge had determined that the appellant, a charitable organization advocating for reduced methamphetamine use, showed a likelihood of being unable to cover the costs if ordered to pay them. The appeal court upheld the primary judge’s decision, agreeing that the appellant's financial documentation indicated it could face difficulty in funding the litigation, particularly in light of the significant legal costs already incurred by the first respondent. The court noted that although the order could potentially hinder the appellant's ability to proceed with its claim, the balance of justice required ensuring that the first respondent, also a charity, would not be unfairly burdened with costs. The appeal was dismissed, with costs ordered for the respondents.
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