Court proceedings not to begin if mandatory final offer open
267 Court proceedings not to begin if mandatory final offer open
A claimant for a motor accident claim must not begin a court proceeding based on the claim if a mandatory final offer for the claim remains open.
If a claimant brings a court proceeding based on a motor accident claim, the claimant must, at the beginning of the proceeding, file in the court a sealed envelope containing a copy of the claimant’s mandatory final offer.
The respondent must, before or at the time of filing a defence, file in the court a sealed envelope containing a copy of the respondent’s mandatory final offer.
The court must not read the mandatory final offers until the court has decided the claim.
However, the court must have regard to the mandatory final offers if making a decision about interest or costs.
Division 5.7.4 Court proceedings
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