STATE ADMINISTRATIVE TRIBUNAL RULES 2004 - REG 41

STATE ADMINISTRATIVE TRIBUNAL RULES 2004 - REG 41

41 .         Acceptance of settlement offers

        (1)         An offer may be open for acceptance for any period. However, an offer must be open for acceptance until the commencement of the hearing or until the expiry of a specified period after the offer is made, whichever is the shorter period.

        (2)         The minimum period that can be specified is 14 days.

        (3)         An offer cannot be withdrawn while it is open for acceptance without the permission of the Tribunal.

        (4)         In deciding whether to give permission, the Tribunal may examine the offer, even if it was made without prejudice.

        (5)         If the offer was made without prejudice, a member of the Tribunal who examines it for the purposes of subrule (4) must take no further part in the proceeding after determining whether or not to give permission.

        (6)         A party can only accept an offer by giving the party who made it a signed notice of acceptance.

        (7)         A party may accept an offer even though the party has made a counter‑offer.

        [Rule 41 amended: Gazette 13 Apr 2006 p. 1558.]