ACTIn ForceRegulation
Court Procedures Rules
1012Offer not accepted and judgment no less favourable to
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1012 Offer not accepted and judgment no less favourable to
(1) This rule applies if the offer is made by the defendant, but not
accepted by the plaintiff, and the defendant obtains an order or
judgment on the claim no less favourable to the defendant than the
terms of the offer.
(2) Unless the court orders otherwise—
(a) the defendant is entitled to an order against the plaintiff for the
defendant’s costs in relation to the claim, to be assessed on a
party and party basis, up to the time when the defendant is
entitled to costs under paragraph (b); and
(b) the defendant is entitled to an order against the plaintiff for the
defendant’s costs in relation to the claim, assessed on a solicitor
and client basis—
(i) if the offer was made before the first day of the trial—on
and from the day after the offer was made; and
Rule 1013
(ii) 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 made.