Offers of compromise and open offers in family provision proceedings expressed as a percentage of the estate are inherently uncertain and their rejection will not be treated as unreasonable for costs purposes. A non-compliant offer of compromise that is open for less than 28 days cannot be retrospectively cured by abridgment of time under UCPR r 1.12, because this would undermine the certainty essential to the offer of compromise scheme. Where the Court has taken costs into account in determining the quantum of family provision, a special costs order would undermine the provision order and will not be made. The question whether a percentage-based order is authorised by s 59(2) of the Succession Act 2006 (NSW) remains open.
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