Victorian Consolidated Regulations

SUPREME COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 1998 - SECT 9.11.

Time for making, accepting, payment under etc. offer

9.11. Time for making, accepting, payment under etc. offer



(1) An offer of compromise may be served at any time before the determination
of all questions of liability and the relief to be granted in respect of the
claim to which the offer 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 shall within three days
after service serve a written acknowledgment of service on the party serving
the offer.

(5) 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)  the determination of all questions of liability and the relief to be
        granted in respect of the claim to which the offer relates-

whichever event is the sooner.

(6) An offer of compromise shall not be withdrawn during the time it is open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

(7) An offer of compromise is open to be accepted within the period referred
to in paragraph (5) 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 Order.





(8) An offer of compromise providing for payment of a sum of money to a
plaintiff shall, unless it otherwise provides, be taken to be an offer
providing for payment of that sum within 14 days after acceptance of the
offer.

(9) An application to the Court under paragraph (6) for leave to withdraw an
offer shall be made by originating motion in Form 5C of Chapter I.