A represented party is not required to inform an unrepresented opposing party of the implications of accepting or rejecting filed settlement offers in order to obtain indemnity costs under s 38 of the Defamation Act 2005 (SA). The lack of knowledge of an unrepresented party may be a factor in the 'interests of justice' assessment but cannot operate as a hard and fast rule precluding indemnity costs. Self-represented litigants are obliged to familiarise themselves with court rules, including rules on settlement offers and costs consequences.
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