Victorian Consolidated Regulations

SUPREME COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 1998 - SECT 9.14.

Failure to comply with accepted offer

9.14. Failure to comply with accepted offer



(1) Where a party to an accepted offer of compromise fails to comply with the
terms of the offer, then, unless for special cause the Court shall otherwise
order, the other party shall be entitled, as he may elect, to-



   (a)  judgment in the terms of the accepted offer; or

   (b)  where the party in default is claimant, an order that the arbitration
        be forever stayed, and where the party in default is respondent to the
        claim, an order declaring the compromise constituted by the acceptance
        of the offer to be of no effect and that the claimant be at liberty to
        proceed with the arbitration.

(2) An application for judgment or an order under paragraph (1) shall be made
to the Court by originating motion.