A statutory offer of $0.00 is a valid statutory offer under s 134AB(12) of the Accident Compensation Act 1985 (Vic). Where a jury assesses damages but the amounts fall below the statutory threshold in s 134AB(22) so that no damages can be awarded, the costs regime in s 134AB(27)(b)(ii) applies (each party bears own costs), not s 134AB(28)(a), because 'no liability to pay damages is established' in s 134AB(28)(a) refers only to cases where the worker fails on liability, not where damages are assessed but cannot be awarded. The same expression in different subsections of the same section should bear the same meaning.
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