An offer that the applicant withdraw their application for review with each party bearing its own costs is a valid 'offer to settle' under s.112(1)(a) of the VCAT Act, notwithstanding the absence of any element of compromise. The word 'settle' in s.112 means simply bringing the proceeding to an end by agreement. Section 112 applies to review proceedings under s.77 of the Transport Accident Act 1986 by virtue of Item 93 of Schedule 1 to the VCAT Act. Any perceived harshness is to be addressed through the Tribunal's discretion under s.112(2) to 'order otherwise'.
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