Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 1012

    (1)     This rule applies if the offer is made by the defendant, but not accepted by the plaintiff, and the defendant obtains an order or judgment on the claim no less favourable to the defendant than the terms of the offer.

    (2)     Unless the court orders otherwise—

        (a)     the defendant is entitled to an order against the plaintiff for the defendant's costs in relation to the claim, to be assessed on a party and party basis, up to the time when the defendant is entitled to costs under paragraph (b); and

        (b)     the defendant is entitled to an order against the plaintiff for the defendant's costs in relation to the claim, assessed on a solicitor and client basis—

              (i)     if the offer was made before the first day of the trial—on and from the day after the offer was made; and

              (ii)     if the offer was made on or after the first day of the trial—at and from 11 am on the day after the offer was made.