QLDIn ForceRegulation
Queensland Civil and Administrative Tribunal Rules 2009
sec.86Additional power to award costs if particular offers to settle rejected
Start here
Get a plain-English read of sec.86
Turn the raw legal text into a practical explanation grounded in Queensland Civil and Administrative Tribunal Rules 2009.
### sec.86 Additional power to award costs if particular offers to settle rejected
This rule applies if—
a party to a proceeding, other than a proceeding for a minor civil dispute, makes another party to the proceeding a written offer to settle the dispute the subject of the proceeding; and
the other party does not accept the offer within the time the offer is open; and
in the opinion of the tribunal, the decision of the tribunal in the proceeding is not more favourable to the other party than the offer.
The tribunal may award the party who made the offer all reasonable costs incurred by that party in conducting the proceeding after the offer was made.
If a proceeding involves more than 2 parties, this rule applies only if the acceptance of the offer would have resulted in the settlement of the matters in dispute between all the parties.
In deciding whether a decision is or is not more favourable to a party than an offer, the tribunal must—
take into account any costs it would have awarded on the date the offer was given to the other party; and
disregard any interest or costs it awarded relating to any period after the date the offer was given to the other party.
(sec.86-ssec.1) This rule applies if— a party to a proceeding, other than a proceeding for a minor civil dispute, makes another party to the proceeding a written offer to settle the dispute the subject of the proceeding; and the other party does not accept the offer within the time the offer is open; and in the opinion of the tribunal, the decision of the tribunal in the proceeding is not more favourable to the other party than the offer.
(sec.86-ssec.2) The tribunal may award the party who made the offer all reasonable costs incurred by that party in conducting the proceeding after the offer was made.
(sec.86-ssec.3) If a proceeding involves more than 2 parties, this rule applies only if the acceptance of the offer would have resulted in the settlement of the matters in dispute between all the parties.
(sec.86-ssec.4) In deciding whether a decision is or is not more favourable to a party than an offer, the tribunal must— take into account any costs it would have awarded on the date the offer was given to the other party; and disregard any interest or costs it awarded relating to any period after the date the offer was given to the other party.
- (a) a party to a proceeding, other than a proceeding for a minor civil dispute, makes another party to the proceeding a written offer to settle the dispute the subject of the proceeding; and
- (b) the other party does not accept the offer within the time the offer is open; and
- (c) in the opinion of the tribunal, the decision of the tribunal in the proceeding is not more favourable to the other party than the offer.
- (a) take into account any costs it would have awarded on the date the offer was given to the other party; and
- (b) disregard any interest or costs it awarded relating to any period after the date the offer was given to the other party.