Under s.123 of the Police Regulation Act 1958 (Vic), police members have a statutory immunity that prevents liability from arising; judgment must be entered against the State alone, not against the police members with liability 'attaching' to the State. In claims for damages arising out of bodily injury where an offer of compromise is not accepted and the plaintiff obtains judgment no less favourable, the plaintiff is prima facie entitled to indemnity costs for the entire proceeding under r.26.08(2)(a), and any exercise of the 'unless the Court otherwise orders' discretion must have a logical connection to the offer of compromise. Where a defendant alleges that a plaintiff's pre-existing psychiatric condition should reduce damages, the defendant bears the burden of establishing with the required measure of precision what the pre-existing condition was and what its future effects were likely to be.
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