In testator's family maintenance proceedings under Part IV of the Administration and Probate Act 1958 (Vic), a Calderbank offer with a seven-day acceptance period may be sufficient where the parties have previously engaged in settlement discussions and mediation. The 1997 insertion of s 97(7) means the old practice of not awarding costs against unsuccessful plaintiffs can no longer be accepted as a general proposition. Where a plaintiff recovers substantially less than a Calderbank offer, the court may order the plaintiff to pay the estate's costs from the date of expiry of the offer.
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