In Victoria, the rejection of a Calderbank offer that is not bettered at judgment does not give rise to any presumption, predisposition or guideline in favour of indemnity costs. The offeror must establish that the rejection was unreasonable in all the circumstances. A Calderbank offer need not be accompanied by reasons, but the degree of specificity may be relevant to the reasonableness of the rejection. An offer that each party bear its own costs may constitute a genuine offer of compromise depending on the circumstances. Indemnity costs may be awarded where a party's persistent failure to address the weakness of its position amounts to high-handed presumption, intransigence, careless indifference or extended dismissive refusal.
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