Uniform Civil Procedure Rules 1999

Subject to rule 365, no statement of the fact that an offer has been made may be contained in a pleading or affidavit.

An offer must not be filed.

If an offer is not accepted, no communication about the offer may be made to the court at the trial or hearing of the proceeding until all questions of liability and the relief to be given, other than costs, have been decided.

Subrule (1) does not apply to an affidavit in support of an application for leave to withdraw an offer.

After an application for leave to withdraw an offer is decided, the court must—

place the application and any affidavits that contain a statement of the fact that an offer has been made in a sealed container, for example, an envelope; and

mark the container with the court file number; and

mark the container ‘Not to be opened without an order of the court’; and

file the container in the court.

The container may be opened only if the court orders it to be opened.

No fee is payable for filing the container.