Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 1005

    (1)     If the plaintiff, as a party to an accepted offer, fails to comply with the terms of the offer, the defendant is entitled—

        (a)     to a judgment or order that is appropriate to give effect to the terms of the accepted offer; or

        (b)     to an order that the proceedings be dismissed, and to judgment accordingly, as the defendant elects, unless the court orders otherwise.

    (2)     If the defendant, as a party to an accepted offer, fails to comply with the terms of the offer, the plaintiff is entitled—

        (a)     to a judgment or order that is appropriate to give effect to the terms of the accepted offer; or

        (b)     to an order that the defence be struck out, and to judgment accordingly, as the plaintiff elects, unless the court orders otherwise.

    (3)     If a party to an accepted offer fails to comply with the terms of the offer, and a defendant in the proceedings has made a counterclaim that is not the subject of the accepted offer, the court—

        (a)     may make an order or give a judgment under this rule; and

        (b)     may make an order as to the further conduct of proceedings on the counterclaim it considers appropriate.