An offer of settlement in VCAT proceedings that is framed as a Calderbank offer, foreshadows solicitor and own client costs, and offers an 'all in' amount will not be treated as a statutory offer under s 112(1) of the VCAT Act, even if it otherwise contains the elements required by ss 113-114. Such an offer can be withdrawn at common law without the Tribunal's permission under s 114(3). The question whether the Tribunal has power to permit withdrawal of a statutory offer after acceptance, and the appropriate test for exercising such power, remains unresolved.
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