ACTIn ForceRegulation
Court Procedures Rules
1011Offer not accepted and judgment no more favourable to
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1011 Offer not accepted and judgment no more favourable to
plaintiff
(1) This rule applies if an offer is made by the defendant in relation to a
claim, but not accepted by the plaintiff, and the plaintiff obtains an
order or judgment on the claim no more favourable to the plaintiff
than the terms of the offer.
(2) Unless the court orders otherwise—
(a) if the claim is a personal injury claim—the plaintiff—
(i) is entitled to an order against the defendant for the
plaintiff’s costs in relation to the claim, assessed on a party
and party basis up to and including the day the offer was
made; and
(ii) is not entitled to an order against the defendant for the
plaintiff’s costs in relation to the claim after the day the
offer was made; but
(iii) is not required to pay the defendant’s costs in relation to
the claim on and from the day the offer was made; or
Rule 1012
(i) the plaintiff is entitled to an order against the defendant for
the plaintiff’s costs in relation to the claim, assessed on a
party and party basis up to the time when the defendant is
entitled to costs under subparagraph (ii); and
(ii) the defendant is entitled to an order against the plaintiff for
the defendant’s costs in relation to the claim, assessed on a
party and party 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