ACTIn ForceRegulation
Court Procedures Rules
1010Offer not accepted and judgment no less favourable to
Start here
Get a plain-English read of 1010
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
1010 Offer not accepted and judgment no less favourable to
plaintiff
(1) This rule applies if an offer is made by the plaintiff in relation to a
claim, but not accepted by the defendant, and the plaintiff obtains an
order or judgment on the claim no less favourable to the plaintiff than
the terms of the offer.
(2) Unless the court orders otherwise, the plaintiff is entitled to an order
against the defendant for the plaintiff’s costs in relation to the claim—
(a) if the claim is a personal injury claim—assessed on a solicitor
and client basis for the whole of the proceeding; or
Rule 1011
(i) assessed on a party and party basis up to the time when the
costs are to be assessed on a solicitor and client basis under
subparagraph (ii); and
(ii) assessed on a solicitor and client basis—
(A) if the offer was made before the first day of the trial—
from the day the period for acceptance of the offer
ends; and
(B) if the offer was made on or after the first day of the
trial—at and from 11 am on the day after the offer was