Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 26.03

Time for making, accepting etc. offer

    (1)     An offer of compromise may be served at any time before verdict or judgment in respect of the claim to which it relates.

    (2)     A party may serve more than one offer of compromise.

    (3)     An offer of compromise may be expressed to be limited as to the time the offer is open to be accepted after service on the party to whom it is made, but the time expressed shall not be less than 14 days after such service.

    (4)     A party on whom an offer of compromise is served may accept the offer by serving notice of acceptance in writing on the party who made the offer before—

        (a)     the expiration of the time specified in accordance with paragraph (3) or, if no time is specified, the expiration of 14 days after service of the offer; or

        (b)     verdict or judgment in respect of the claim to which the offer relates—

whichever event is the sooner.

    (5)     An offer of compromise shall not be withdrawn during the time it is open to be accepted, unless the Court otherwise orders.

    (6)     An offer of compromise is open to be accepted within the period referred to in paragraph (4) notwithstanding that during that period the party on whom the offer is served makes an offer of compromise to the party who served the offer of compromise, whether or not the offer made by the party served is made in accordance with this Part.

    (7)     Upon the acceptance of an offer of compromise that states that costs are to be paid or received in addition to the offer, then, unless the offer otherwise provides or the Court otherwise orders

        (a)     such costs are to be paid or received in respect of the claim up to and including the day the offer was served;

        (b)     liability for any costs in respect of the claim in relation to any subsequent period shall be in the discretion of the Court; and

        (c)     any party to the accepted offer may apply for the taxation of the costs.



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