Court Procedures Rules 2006

A party liable to pay costs may serve on the party entitled to the costs a written offer to settle the costs.

An offer to settle costs—

must state it is made under this rule; and

must be clear and unconditional; and

must be for all of the person’s liability for costs (and any interest claimed on the costs) in the proceeding to the party to whom it is made; and

may be served at any time after whichever of the following applies, but at least 2 days before the day the bill of costs is to be assessed:

if costs are payable under an order—the day the order is made;

if costs are not payable under an order—the day liability for costs accrues.

An offer to settle costs—

cannot be withdrawn without the court’s leave; and

does not lapse because the party to whom it is made rejects or fails to accept it; and

ends at the end of 14 days after the day it is made or when the assessment of the bill of costs to which it relates starts (whichever is the earlier).

Pt 6.2 (Applications in proceedings) applies to an application for leave.

Except for rule 1812, a party must not disclose to the registrar the amount of an offer to settle until the registrar has assessed all items in the bill of costs, and decided all issues, other than the cost of the assessment.