(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)

prevent the filing of an Offer to Settle (Form 60), a notice withdrawing an offer or an acceptance of an offer;

(b)

the inclusion of a reference to a without prejudice offer in a document:

(i)

mentioned in paragraph (a); or

(ii)

filed with an application relating to an offer or an application for costs.

Note
Subrule (2) does not apply to an application to extend the time in which to make an offer under Division 10.1.2.