Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 4.07

Open and without prejudice offers

             (1)  An offer to settle is made without prejudice (a without prejudice offer ) unless the offer states that it is an open offer.

             (2)  A party must not mention the fact that a without prejudice offer has been made, or the terms of the offer:

                     (a)  in any document filed; or

                     (b)  at a hearing or trial.

             (3)  If a party makes an open offer, any party may disclose the facts and terms of the offer to other parties and the court.

             (4)  Subrule (2) does not apply to:

                     (a)  an application relating to an offer; or

                     (b)  an application for costs.



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