An offer to settle both claim and counterclaim under ch 9 pt 5 UCPR (Qld) must allocate separate amounts to each if the offeror wishes to engage the costs consequences under rr 360 and 361 where separate judgments are given. An offer expressed to be made solely under the rules, which does not comply with them, is ineffective for any purpose including as a Calderbank offer or in the general costs discretion, unless there is something beyond the offer itself indicating an intention to rely on it for costs purposes. The mere notation 'without prejudice except as to costs' on a covering letter is insufficient for this purpose. The decision in Charter Pacific on the meaning of 'claim' in r 353 is not followed.
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