New South Wales Consolidated Regulations

LEGAL PROFESSION UNIFORM LAW APPLICATION REGULATION 2015 - REG 29

29 Disclosure requirements regarding offers of compromise--clause 5 of Schedule 1 to of the application Act

(1) This clause has effect for the purposes of clause 5 of Schedule 1 to the application Act, and applies where a client of a law practice receives an offer of compromise on a claim for personal injury damages.

(2) The law practice must disclose to the client information in relation to the operation of clause 5 of Schedule 1 to the application Act in respect of any refusal by the client to accept the offer of compromise.

(3) The information must include the following:

(a) a statement that the offer of compromise has been made and setting out its details or a summary of them,

(b) a statement about the reasonableness of the offer,

(c) a statement about the general effect of declining a reasonable offer of compromise, in that the court in which the proceedings are taken on the claim may award costs on an indemnity basis in respect of legal services provided after the offer is made,

(d) a statement about the specific effect that declining the offer, if reasonable, will or may have on the interests of the parties.

(4) Disclosure under this clause must be made in writing:

(a) as soon as practicable after the offer of compromise is made, and

(b) before the law practice communicates to other parties or the court that the client accepts or declines the offer.