Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) Before the court makes an order under rule 1010 or rule 1011, the party to whom the offer was made may request that the party making the offer (the offeror ) satisfy the court that the offeror was at all material times willing and able to carry out the offer.
(2) If the court is satisfied that the offeror was at all material times willing and able to carry out the offer, then, unless the court orders otherwise, the party making the request must pay the costs of the offeror caused by the request.
(3) If the court is not satisfied that the offeror was at all material times willing and able to carry out the offer, then, unless the court orders otherwise—
(a) rule 1010 and rule 1011 do not apply; and
(b) the offeror must pay the costs of the party making the request caused by the request.
(4) Unless the court orders otherwise, any application for an
order for costs under rule 1010 or rule 1011 must be made immediately after
the order or judgment giving rise to the entitlement to the order for costs is
given.