The Court held that UCPR Chapter 9 Part 5 (offers to settle, including r 365 summary enforcement) does not apply to proceedings commenced by originating application unless an order or direction has been made for pleadings or other documents defining the issues to be filed and served. Where Part 5 does not apply, acceptance of a settlement offer need not be served at the offeror's formal address for service; it is sufficient that acceptance is communicated to the offeror by any effective means, and sending acceptance to the email address from which the offer was sent suffices. The Court enforced the compromise by declaration under s 7 of the Civil Proceedings Act 2011 (Qld), applying the General Credits principle that a compromise may be summarily enforced by application in the action where the court is clearly satisfied justice can be done under summary procedure.
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