Victorian Numbered Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 26.08.1

    (1)     If—

        (a)     a party, before a proceeding has commenced, has made an offer in writing to another party (whether or not expressed to be without prejudice) to compromise any claim made in the proceeding on the terms specified in the offer; and

        (b)     the offer was open to be accepted for a reasonable time, but was not accepted; and

        (c)     the offeror obtains an order or judgment in respect of the claim no less favourable to the offeror than the terms of the offer—

the Court shall take those matters into account in determining what order for costs to make in respect of the costs of the proceeding.

    (2)     In exercising its discretion as to costs in accordance with paragraph (1), the Court may order that the offeree pay all or part of the offeror's costs of the proceeding taxed on a basis other than the ordinarily applicable basis, from—

        (a)     the day the offer was made;

        (b)     the commencement of the proceeding; or

        (c)     any other time that the Court thinks fit.

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