Local Court (Civil Jurisdiction) Rules 1998

An offer of compromise is open for acceptance at any time after service.

Not later than 3 days after being served with an offer of compromise, the party served must serve on the party making the offer an acknowledgement of service of the offer.

A party may withdraw an offer of compromise at any time before acceptance by serving a notice in writing on the other party.

A party may accept an offer of compromise at any time before judgment or withdrawal of the offer by serving a notice of acceptance on the party making the offer.

Where a plaintiff accepts a defendant's offer of compromise in accordance with subrule (4), unless the Court orders otherwise or the parties agree otherwise:

the defendant must pay the plaintiff's costs in respect of the claim to and including the day on which the offer was served; and

the plaintiff must pay the defendant's costs from the date 7 days after the day on which the offer was served to the date of acceptance.

Where a defendant accepts a plaintiff's offer of compromise in accordance with subrule (4), unless the Court orders otherwise or the parties agree otherwise:

the defendant must pay the plaintiff's costs in respect of the claim to and including the day on which the offer was served; and

the Court may make the orders it considers appropriate in respect of costs incurred after the offer was served.

If an offer of compromise contains a term that purports to negative or limit the operation of subrule (1), (5) or (6), the offer has no effect under this Division.