Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 25.14

  (1)   If an offer is made by a respondent and not accepted by an applicant, and the applicant obtains a judgment that is less favourable than the terms of the offer:

  (a)   the applicant is not entitled to any costs after 11.00 am on the second business day after the offer was served; and

  (b)   the respondent is entitled to an order that the applicant pay the respondent's costs after that time on an indemnity basis.

  (2)   If an offer is made by a respondent and an applicant unreasonably fails to accept the offer and the applicant's proceeding is dismissed, the respondent is entitled to an order that the applicant pay the respondent's costs:

  (a)   before 11.00 am on the second business day after the offer was served--on a party and party basis; and

  (b)   after the time mentioned in paragraph   (a)--on an indemnity basis.

  (3)   If an offer is made by an applicant and not accepted by a respondent, and the applicant obtains a judgment that is more favourable than the terms of the offer, the applicant is entitled to an order that the respondent pay the applicant's costs:

  (a)   before 11.00 am on the second business day after the offer was served--on a party and party basis; and

  (b)   after the time mentioned in paragraph   (a)--on an indemnity basis.

Note 1:   Costs on an indemnity basis is defined in the Dictionary.

Note 2:   The Court may make an order inconsistent with these rules--see rule   1.35.